BILL ANALYSIS Ó
AB 561
Page 1
ASSEMBLY THIRD READING
AB
561 (Campos)
As Amended April 14, 2015
Majority vote
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|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 | |
| | | | |
| | | | |
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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