Amended in Senate August 31, 2015

Amended in Senate June 23, 2015

Amended in Assembly April 14, 2015

Amended in Assembly March 17, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 561

Introduced by Assembly Member Campos

February 24, 2015

An act to amend Section 1149 of, and to add Sections 1149.3 and begin delete 1164.6 end delete begin insert 1162 end insert 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 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 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 begin insert involving make-whole, backpay or other monetary awards to employees end insert to post a bond in the amount of the entire economic value of the order, as specified, and would provide for begin delete a portion or the entire amount of end delete 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.  

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 shall 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.

begin delete

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, 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.

(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.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1162 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

begin insert

begin insert 1162. end insert   

(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 involving make-whole, backpay, or other
monetary awards to employees 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.

(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, the bond
is forfeited to the employee or employees.

end insert