BILL NUMBER: AB 1389	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Patterson
   (Principal coauthor: Assembly Member Grove)
   (Coauthor: Assembly Member Chávez)

                        FEBRUARY 27, 2015

   An act to add Section 1164.1 to the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1389, as introduced, Patterson. Agricultural Labor Relations
Act: binding mediation.
   Existing law establishes the conditions and time periods under
which an agricultural employer, as defined, or a certified labor
organization representing agricultural employees may file a
declaration with the Agricultural Labor Relations Board stating that
the parties have failed to reach a collective bargaining agreement,
thus triggering a board order for mandatory mediation.
   Existing law authorizes a party, within 60 days of the order by
the Agricultural Labor Relations Board taking effect, to file an
action to enforce the order. Existing law prohibits an order of the
board from being stayed during the pendency of any appeal of the
order unless the appellant demonstrates that he or she is likely to
prevail on the merits and that he or she will be irreparably harmed
by implementation of the board's order.
   This bill would condition the effect and enforcement of an order
resulting from the binding mediation on the order being approved by a
majority of the members of the affected bargaining unit.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1164.1 is added to the Labor Code, to read:
   1164.1.  An order issued by the mediator, the board, or the court
that would impose the terms of binding mediation pursuant Section
1164 shall not take effect or be enforceable until it is approved by
a majority of the agricultural employees of the bargaining unit
affected by the order.