BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 561


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          ASSEMBLY THIRD READING


          AB  
          561 (Campos)


          As Amended  April 14, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                 |
          |----------------+------+----------------------+---------------------|
          |Labor           |5-2   |Roger Hernández, Chu, |Harper, Patterson    |
          |                |      |Low, McCarty,         |                     |
          |                |      |Thurmond              |                     |
          |                |      |                      |                     |
          |----------------+------+----------------------+---------------------|
          |Appropriations  |12-5  |Gomez, Bonta,         |Bigelow, Chang,      |
          |                |      |Calderon, Daly,       |Gallagher, Jones,    |
          |                |      |Eggman, Eduardo       |Wagner               |
          |                |      |Garcia, Gordon,       |                     |
          |                |      |Holden, Quirk,        |                     |
          |                |      |Rendon, Weber, Wood   |                     |
          |                |      |                      |                     |
          |                |      |                      |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Makes various changes to the Agricultural Labor  
          Relations Act.  Specifically, this bill:  


          1)Provides that within one year of an order of the Agricultural  
            Labor Relations Board (ALRB) finding liability for a makewhole  
            award, backpay calculation, or other monetary award to  








                                                                       AB 561


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            employees, the ALRB and general counsel shall process any  
            compliance decision concerning the award to final board order.


          2)Requires an employer who petitions for a writ of review or  
            otherwise appeals or seeks to overturn or stay any order of the  
            ALRB to post a bond, in the amount of the entire economic value  
            of the order as determined by the ALRB, to ensure that employees  
            receive the benefits of the order if the employer does not  
            prevail.  The ALRB shall reasonably determine the entire  
            economic value of the order based on submissions from the  
            parties. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee: 




          1)General Fund administrative costs of approximately $1.3 million  
            for a compliance unit in each of the five field offices to  
            process compliance decisions within one year of an order for a  
            makewhole award, backpay calculation or other monetary award.




          2)General Fund administrative costs of approximately $500,000 for  
            the ALRB to process compliance decisions.


          COMMENTS:  This bill is sponsored by the United Farm Workers  
          (UFW), who argues that it will create an expedited process to help  
          recover backpay and benefits owed to farm workers and their  
          families.  Specifically, the sponsor cites to a case involving Ace  
          Tomato Company dating back to 1989 (which is still not resolved)  
          and a related case as highlighting the need for this bill.  Those  
          cases were also the subject of an oversight hearing by the  








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          Assembly Labor and Employment Committee and Budget Subcommittee  
          No. 4 in 2010.  The sponsor contends that this bill is needed  
          because there may be future cases where farm worker families are  
          held back economically by the current law's faulty resolution  
          system.


          A large coalition of agricultural employers opposes this measure,  
          stating that it would require an employer seeking a writ of review  
          of any ALRB decision to first post a bond in the amount of the  
          entire economic value of the order as determined by the ALRB.   
          Such a requirement could deter many employers from seeking their  
          right to appeal.  In many cases, the entire economic value of the  
          order cannot be known or is in dispute which would limit the  
          possibility of obtaining a bond.




          Analysis Prepared by:                                               
          Ben Ebbink / L. & E. / (916) 319-2091  FN: 0000567