BILL NUMBER: AB 561	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN ASSEMBLY  APRIL 14, 2015
	AMENDED IN ASSEMBLY  MARCH 17, 2015

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 24, 2015

   An act to amend Section 1149 of, and to add Sections 1149.3 and
1164.6 to, the Labor Code, relating to agricultural labor relations.


	LEGISLATIVE COUNSEL'S DIGEST


   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 the  board,   board
 and grants the general counsel final authority with respect to
the investigation of charges and  the  issuance and
prosecution of complaints regarding unfair labor practices.
   This bill would require the board  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.   to process to final board order all decisions
concerning make   -whole awards, backpay, and other monetary
awards to employees within one year or any board order finding
liability for an award.  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, as
 specified.   specified, and would provide for a
portion or the entire amount of the bond to be forfeited under
specified conditions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1149 of the Labor Code is amended to read:
   1149.  There shall be a general counsel of the board who shall be
appointed by the Governor, subject to confirmation by a majority of
the Senate, for a term of four years. The general counsel shall have
the power to appoint those attorneys, administrative assistants, and
other employees as necessary for the proper exercise of his or her
duties. The general counsel of the board shall exercise general
supervision over all attorneys employed by the board (other than
administrative law officers and legal assistants to board members),
and over the officers and employees in the regional offices. The
general counsel shall have final authority, on behalf of the board,
with respect to the investigation of charges and issuance of
complaints under Chapter 6 (commencing with Section 1160) of this
part, and with respect to the prosecution of those complaints before
the board. The general counsel shall have those other duties as the
board may prescribe or as may be provided by law. All employees
appointed by the general counsel shall perform their duties in an
objective and impartial manner without prejudice toward any party
subject to the jurisdiction of the board. In case of a vacancy in the
office of the general counsel, the Governor is authorized to
designate the officer or employee who shall act as general counsel
during that vacancy, but no person or persons so designated shall so
act either (1) for more than 40 days when the Legislature is in
session unless a nomination to fill that vacancy has been submitted
to the Senate, or (2) after the adjournment sine die of the session
of the Senate in which the nomination was submitted.
  SEC. 2.  Section 1149.3 is added to the Labor Code, to read:
   1149.3.   Within one year of an order of the board finding
liability for a makewhole award, backpay calculation, or other
monetary award to employees, the board and general counsel shall
process any compliance decision concerning the award to final board
order.   The board shall be required to process to final
board order all decisions concerning make   -whole awards,
backpay, and other monetary awards to employees, within one year of
any board order finding liability for that award. If the board has
already made a finding   that an employer is liable for a
make   -whole, backpay, or any other monetary award to an
employee or employees, and a compliance proceeding is necessary to
determine the specific amount owed by the employer, the board shall
be required to process to final board order a decision concerning the
amount or amounts owed within one year of the time that a final
decision on employer liability has been made by the board. For
purposes of this section, a final decision on employer liability sh
  all be defined as either the date when a board order
concerning liability becomes final because no appeal was sought or
the date when a reviewing court dismisses an employer's appeal or
decides in favor of the board concerning the employer's liability. If
an employer's liability and compliance proceedings are consolidated,
the board shall act reasonably and without delay in reaching a final
decision concerning the liability   and amounts owed to
workers. 
  SEC. 3.  Section 1164.6 is added to the Labor Code, to read:
   1164.6.   (a)    An employer who petitions for a
writ of review in the court of appeal or the California Supreme
Court or otherwise appeals or seeks to overturn or stay any order of
the board under the Alatorre-Zenovich-Dunlap-Berman Agricultural
Labor Relations Act of 1975  shall   shall, as a
condition to seeking review or appeal, post a bond, in the
amount of the entire economic value of the order as determined by the
board, to ensure that employees receive the benefits of the order if
the employer does not prevail.  The board shall reasonably
determine the entire economic value of the order based on submissions
from the parties.  
   (b) The bond shall consist of an appeal bond issued by a licensed
surety or a cash deposit with the board in the amount of the order,
decision, or award. The employer shall provide written notification
to all of the parties of the posting of the bond. The bond shall be
on the condition that, if any judgment is entered against the
employer, the employer shall pay the amount owed pursuant to the
judgment, and if the appeal is withdrawn or dismissed without entry
of judgment, the employer shall pay the amount owed pursuant to the
order, decision, or award of the board unless the parties have
executed a settlement agreement for payment of some other amount, in
which case the employer shall pay the amount that the employer is
obligated to pay under the terms of the settlement agreement. If the
employer fails to pay the amount owed within 10 days of entry of the
judgment, dismissal, or withdrawal of the appeal, or the execution of
a settlement agreement, a portion of the bond equal to the amount
owed, or the entire bond if the amount owned is equal to or exceeds
the bond, is forfeited to the employee or employees.  
   (c) With respect to an order of the board issued pursuant to
mandatory mediation and conciliation procedures, the board shall
reasonably determine the entire economic value of the terms,
conditions, and benefits of the ordered collective bargaining
agreement based upon submissions from the parties and a recommended
finding from the assigned mediator in the case.