BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 561


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          561 (Campos)


          As Amended   31, 2015


          Majority vote


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          |ASSEMBLY:  |42-30 |(June 2, 2015) |SENATE: |21-15 |(September 3,    |
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          Original Committee Reference:  L. & E.


          SUMMARY:  Makes various changes to the Agricultural Labor  
          Relations Act.


          The Senate amendments:


          1)Provide that the Agricultural Labor Relations Board (ALRB)  
            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. 


          2)Provide that if the ALRB 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  








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            by the employer, the ALRB 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 ALRB. 


          3)Specify that for purposes of this bill, 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 ALRB  
            concerning the employer's liability. 


          4)Provide that if an employer's liability and compliance  
            proceedings are consolidated, the ALRB shall act reasonably  
            and without delay in reaching a final decision concerning the  
            liability and amounts owed to workers.


          5)Provide that the bond required by the bill shall be required  
            for a writ of review or appeal involving make-whole, backpay,  
            or other monetary awards to employees.


          6)Provide that the bond required by the bill shall consist of 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  
            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 ALRB  
            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  








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            employees.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, the ALRB would incur annual General Fund costs of $2  
          million to implement the provisions of this bill.  A 2015-16  
          augmentation to ALRB's budget could potentially be used to  
          perform some of the bill's workload.


          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 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:  
          0001646













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