AB 561, as amended, Campos. Agricultural labor relations.
(1) The Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 regulates employer-employee relations in agriculture. The act, among other things, prohibits agricultural employers and employees from engaging in unfair labor practices, as defined, and empowers the Agricultural Labor Relations Board to prevent any person from engaging in those practices. The act provides for a general counsel of thebegin delete board,end deletebegin insert boardend insert and grants the general counsel final authority with respect to the investigation of charges andbegin insert theend insert issuance and prosecution of complaints
regarding unfair labor practices.
This bill would require the boardbegin delete and general counsel, within one year of an order of the board finding liability for a makewhole award, backpay calculation, or other monetary award, to process any compliance decision concerning the award to final board order.end deletebegin insert
to process to final board order all decisions concerning makeend insertbegin insert-whole awards, backpay, and other monetary awards to employees within one year or any board order finding liability for an award.end insert The bill would also make related technical, nonsubstantive changes.
(2) The act grants employees the right to engage in collective bargaining with respect to wages, terms of employment, and other employment conditions, and authorizes employees to elect exclusive bargaining representatives for these purposes. The act, if certain conditions are met, requires the employer and exclusive bargaining representative to engage in mandatory mediation and conciliation of their issues, and authorizes both parties to appeal orders of the board based on this mandatory mediation and conciliation, as specified.
This bill would require an employer who appeals or petitions for a writ of review of any order of the board under the act to post a bond in the amount of the entire economic value of the order, asbegin delete specified.end deletebegin insert specified, and would provide for a portion or the entire amount of the bond to be forfeited under specified conditions.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1149 of the Labor Code is amended to
2read:
There shall be a general counsel of the board who shall
4be appointed by the Governor, subject to confirmation by a
5majority of the Senate, for a term of four years. The general counsel
6shall have the power to appoint those attorneys, administrative
7assistants, and other employees as necessary for the proper exercise
8of his or her duties. The general counsel of the board shall exercise
9general supervision over all attorneys employed by the board (other
10than administrative law officers and legal assistants to board
11members), and over the officers and employees in the regional
12offices. The general counsel shall have final authority, on behalf
13of the board, with respect to the investigation of charges and
14issuance of complaints under
Chapter 6 (commencing with Section
151160) of this part, and with respect to the prosecution of those
16complaints before the board.
The general counsel shall have those
17other duties as the board may prescribe or as may be provided by
18law. All employees appointed by the general counsel shall perform
19their duties in an objective and impartial manner without prejudice
20toward any party subject to the jurisdiction of the board. In case
P3 1of a vacancy in the office of the general counsel, the Governor is
2authorized to designate the officer or employee who shall act as
3general counsel during that vacancy, but no person or persons so
4designated shall so act either (1) for more than 40 days when the
5Legislature is in session unless a nomination to fill that vacancy
6has been submitted to the Senate, or (2) after the adjournment sine
7die of the session of the Senate in which the nomination was
8submitted.
Section 1149.3 is added to the Labor Code, to read:
begin deleteWithin one year of an order of the board finding begin insertThe board shall be required to process to final board
11liability for a makewhole award, backpay calculation, or other
12monetary award to employees, the board and general counsel shall
13process any compliance decision concerning the award to final
14board order. end delete
15order all decisions concerning makeend insertbegin insert-whole awards, backpay, and
16other monetary awards to employees, within one year of any board
17order finding liability for that award. If the board has already
18made a finding
that an employer is liable for a makeend insertbegin insert-whole,
19backpay, or any other monetary award to an employee or
20employees, and a compliance proceeding is necessary to determine
21the specific amount owed by the employer, the board shall be
22required to process to final board order a decision concerning the
23amount or amounts owed within one year of the time that a final
24decision on employer liability has been made by the board. For
25purposes of this section, a final decision on employer liability shall
26be defined as either the date when a board order concerning
27liability becomes final because no appeal was sought or the date
28when a reviewing court dismisses an employer’s appeal or decides
29in favor of the board concerning the employer’s liability. If an
30employer’s liability and compliance proceedings are consolidated,
31the board shall act reasonably and without delay in reaching a
32final decision concerning the liability
and amounts owed to
33workers.end insert
Section 1164.6 is added to the Labor Code, to read:
begin insert(a)end insertbegin insert end insertAn employer who petitions for a writ of review in
36the court of appeal or the California Supreme Court or otherwise
37appeals or seeks to overturn or stay any order of the board under
38the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor
39Relations Act of 1975begin delete shallend deletebegin insert shall, as a condition to seeking review
40or appeal,end insert post a bond, in the amount of the entire economic value
P4 1of the order as determined by the board, to ensure that employees
2receive the benefits of the order
if the employer does not prevail.
3begin delete The board shall reasonably determine the entire economic value
4of the order based on submissions from the parties.end delete
5(b) The bond shall consist of an appeal bond issued by a licensed
6surety or a cash deposit with the board in the amount of the order,
7decision, or award. The employer shall provide written notification
8to all of the parties of the posting of the bond. The bond shall be
9on the condition that, if any judgment is entered against the
10employer, the employer shall pay the amount owed pursuant to
11the judgment, and if the appeal is withdrawn or dismissed without
12entry of judgment, the employer shall pay the amount owed
13pursuant to the order, decision, or award of the board unless the
14parties have executed a settlement
agreement for payment of some
15other amount, in which case the employer shall pay the amount
16that the employer is obligated to pay under the terms of the
17settlement agreement. If the employer fails to pay the amount owed
18within 10 days of entry of the judgment, dismissal, or withdrawal
19of the appeal, or the execution of a settlement agreement, a portion
20of the bond equal to the amount owed, or the entire bond if the
21amount owned is equal to or exceeds the bond, is forfeited to the
22employee or employees.
23(c) With respect to an order of the board issued pursuant to
24mandatory mediation and conciliation procedures, the board shall
25reasonably determine the entire economic value of the terms,
26conditions, and benefits of the ordered collective bargaining
27agreement based upon submissions from the parties and a
28recommended finding from the assigned
mediator in the case.
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