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the judgment, and if the appeal is withdrawn or dismissed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
AB 561
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