BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 561 (Campos) - Agricultural labor relations.
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|Version: June 23, 2015 |Policy Vote: L. & I.R. 4 - 1 |
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|Urgency: No |Mandate: No |
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|Hearing Date: August 17, 2015 |Consultant: Robert Ingenito |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 561 would (1) create an expedited process from the
enforcement of monetary penalties ordered by the Agricultural
Labor Relations Board (ALRB), and (2) require agricultural
employers to post a bond, as specified, if they wish to appeal a
final order.
Fiscal
Impact: ALRB indicates that it would incur annual General Fund
costs of $2 million to implement the provisions of the bill (see
Staff Comments).
Background: Current law establishes the Agricultural Labor Relations Act
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(ALRA), which delineates the rights of California farm workers.
The ALRA states it is the policy of the State to (1) protect the
right of farm workers to act together to help themselves, (2)
engage in union organizational activity, and (3) select their
own representatives for the purpose of bargaining with their
employer for a contract covering their wages, hours, and working
conditions. The ALRA is enforced by ALRB. Current law requires
that if ALRB rules that any person has engaged in or is engaging
in any specified unfair labor practice, it must issue an order
requiring such person to cease and desist from such unfair labor
practice and to take affirmative action, which may include (1)
reinstatement of employees with or without backpay, and (2)
making employees whole, when the board deems such relief
appropriate, for the loss of pay resulting from the employer's
refusal to bargain.
Proposed Law:
This bill would do the following:
Provide that within one year of an order of the ALRB
finding liability for a makewhole award, back pay
calculation, or other monetary award to employees, the ALRB
and general counsel shall process any compliance decision
concerning the award to final board order.
Provide that, if the ALRB finds liability as discussed
above but requires a compliance proceeding to determine
monetary damages, then the ALRB order must be processed as
a final board order within one year of 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.
Provide that, if the if an employer's liability and
compliance proceedings are consolidated, the ALRB must act
reasonably and without delay in reaching a final decision
concerning the liability and amounts owed to workers.
Require an employer who petitions for a writ of review
or otherwise appeals or seeks to overturn or stay any order
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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.
Require that the bond discussed above must be an appeal
bond issued by a licensed surety or a cash deposit with the
ALRB in the amount of the order, decision, or award. The
bond must 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.
Require that, for an ALRB order regarding mandatory
mediation and conciliation procedures, the ALRB must fix
the bond amount by reasonably determining 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.
Related
Legislation: SB 126 (Steinberg), Chapter 697, Statutes of 2011,
empowers ALRB to require an employer to bargain with a labor
organization if that employer is guilty of significant
misconduct during a secret ballot election for union
representation.
Staff
Comments: This bill would create an expedited process that will
help aggrieved farmworkers recover the back pay and benefits
that they are owed, and appears to be largely driven by one
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dispute dating back to the late 1980s.
ALRB administrative would incur annual costs of approximately $2
million to create the expedited process. A total of eleven
positions would be needed (three of which would reflect the
conversion of existing positions limited-term to full time).
Just over half would be legal staff, with the remainder would be
compliance officers, field examiners, and analytical staff.
Staff notes that the enacted 2015-16 state budget provides ALRB
with $3.5 million in additional funding (and nearly 20
positions) over the 2013-14 level. The extent to which these new
resources may be able to absorb some of the workload required of
this bill is unclear.
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