BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1474|
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THIRD READING
Bill No: SB 1474
Author: Steinberg (D), et al
Amended: As introduced
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM : 4-2, 4/19/10
AYES: DeSaulnier, Ducheny, Leno, Yee
NOES: Wyland, Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SUBJECT : Labor representatives: elections
SOURCE : United Farm Workers
DIGEST : This bill gives agricultural employees an
alternative electoral method for choosing their collective
bargaining representative, the majority signup election.
ANALYSIS : Existing law provides for a secret ballot
election process for agricultural workers where a petition
has been submitted, as specified, asking for the
opportunity for workers to decide whether to select a
particular union as their collective bargaining
representative. Specifically, the law:
1. Allows for the filing of a petition that is signed by a
CONTINUED
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majority of the current employees in a collective
bargaining unit, or accompanied with cards signed by a
majority of the current employees in a collective
bargaining unit, with the Agricultural Labor Relations
Board (ALRB) to seek representatives to collectively
bargain for the employees in the bargaining unit. The
petition must allege the following:
A. That the number of employees of the employer
named in the petition is not less than 50 percent of
the employer's peak agricultural employment for the
current calendar year.
B. That a valid election has not been conducted
among the agricultural employees of the employer
named in the petition within 12 months immediately
preceding the filing of the petition.
C. That no labor organization is currently certified
as the exclusive collective bargaining
representatives for the employees of the employer
named in the petition.
D. That the petition is not barred by an existing
collective bargaining agreement.
Upon receiving the signed petition, the ALRB must
investigate the petition immediately. If the ALRB finds
that the petition is accurate, then it must hold an
election by secret ballot within seven days of the
filing of the petition. The ALRB must print ballots
that list the labor organization or organizations that
seek to represent the employees, as well as a "no labor
organizations" voting option. Whoever receives 50
percent plus one of the votes cast shall win the
election. Run-offs, if necessary, must take place.
2. Defines a number of activities of employers, employees,
and/or interested parties as improper interference with
the election process, generally known as unfair labor
practices.
3. Allows the ALRB to hold hearings to decide if any unfair
labor practices took place, and if it finds such actions
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took place, the ALRB must issue a cease and desist order
and also take affirmative action, which can include
reinstatement with or without back pay, and making an
employee whole, where appropriate, for loss of pay.
This bill:
1. Creates an alternative procedure to the secret ballot
election, the majority signup election, which would
allow employees of a collective bargaining unit to
select their representative for collective bargaining by
submitting a petition that alleges the following:
A. That the number of employees currently employed
by the employer named in the petition is not less
than 50 percent of the employer's peak agricultural
employment for the current calendar year.
B. That a valid election has not been conducted
among the agricultural employees of the employer
named in the petition within the 12 months
immediately preceding the filing of the petition.
C. That no labor organization is currently certified
as the exclusive collective-bargaining
representatives of the employees of the employer
named in the petition.
D. That the petition is not barred by an existing
collective bargaining agreement.
2. Requires that the petition must be accompanied with
representation cards signed by more than 50 percent of
the currently employed employees in the bargaining unit.
These cards must be issued by the ALRB upon the request
of a labor organization. The representation cards must
include sufficient space for the name of the labor
organization, the name of the agricultural employer, the
employee's name, address and phone number, the name of
the employee's foreman, the signature of the person
witnessing the employee that signed the card, and the
date that the card was signed.
3. Provides that a representative card is considered valid
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if the card includes the name of the labor organization,
the employee's name, and the employee's signature. The
representative card must also include:
A. A statement that the employee signing the card
wishes to have a specified labor representative as
his or her collective-bargaining representative with
respect to rates of pay, wages, hours of employment,
and other conditions of employment.
B. A statement that no promises or threats were made
to obtain the employee's signature on the card.
C. An acknowledgement that by signing the card the
employee is manifesting a desire to be represented by
a labor organization.
D. An acknowledgement that the employee is aware of
the ALRB's toll-free number, which is available for
complaints about coercion or other unfair labor
practices.
4. Requires the ALRB to keep the information on the cards
confidential.
5. Requires that the labor representative submitting the
petition must also personally serve the employer with
the petition the same day the ALRB receives it. The
employer then has 48 hours to give the ALRB a complete
and accurate list of all of the employees in the
bargaining unit.
6. Requires ALRB, upon receipt of a petition for "majority
signup election," to immediately commence an
investigation. Within five days of receipt of the
petition, ALRB shall make an administrative
determination whether the petition requirements have
been met and the labor organization has submitted the
requisite number of representation cards by comparing
the names on the cards to the names on the list
submitted by the employer.
7. Specifies that if ALRB determines that the labor
organization has submitted the requisite number of
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representation cards and met other requirements, it
shall immediately certify the labor organization as the
exclusive bargaining representative. If ALRB determines
that the labor organization has not submitted the
requisite number of cards, it shall grant the labor
organization 30 days to submit additional representation
cards.
8. States that an employer's duty to bargain with the labor
organization begins immediately after a labor
organization is certified.
9. Provides that within five days after the ALRB certifies
a labor organization through a majority signup election,
any person may file with the board a petition objecting
to the certification on one or more of the following
grounds:
A. Allegations in the majority signup petition were
false;
B. The board improperly determined the geographical
scope of the bargaining unit;
C. The majority signup election was conducted
improperly;
D. Improper conduct affected the results of the
majority signup election.
Upon receipt of a petition objecting to certification,
the ALRB shall conduct a hearing to rule on the
petitioner's objections, and shall mail a notice of the
time and place of the hearing to the petitioner and the
labor organization whose certification is being
challenged. If the board finds at the hearing that any
of the allegations in the petition are true, the board
shall revoke the certification.
10.Extends existing prohibitions and penalties to employers
who engage in unfair labor practices.
11.Provides that if the ALRB finds willful or repeated
actions by the employer to interfere, restrain, or
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coerce agricultural employees in their right to self
organize and collectively bargain, or if an employer is
found to be discriminating against a member of a labor
organization in hiring or tenure of employment, or to
encourage or discourage membership in any labor
organization, the ALRB may impose a civil penalty
against that employer for $20,000 for each violation.
This bill adds to this requirement that, should there be
any charges of discrimination or threats to discharge an
employee for belonging to or seeking to belong to a labor
organization, or any charges of an employer trying to
interfere, restrain, or coerce agricultural employees in
their right to self organize and collectively bargain, the
ALRB must give those charges priority of all other cases,
except cases of similar character.
Prior Legislation
SB 789 (Steinberg), 2009-10 Session, was nearly identical
to this bill, and was vetoed by Governor Schwarzenegger.
This bill passed the Senate Floor on 4/23/09 with a vote of
23-14. The veto message read, in part:
SB 789 sets in place a "majority signup election"
process for agricultural employees to select union
representation. This process fundamentally alters an
employee's right to a secret ballot election that
allows the employee to choose, in the privacy of the
voting booth without coercion or manipulation, whether
or not to be represented?. I cannot support this
alteration of the secret ballot process.
SB 180 (Migden), 2007-08 Session, was almost identical to
SB 1474. This bill passed the Senate on 8/27/07 by a vote
of 23-14, and was vetoed by Governor Schwarzenegger.
AB 2386 (Nunez), 2007-08 Session, would have authorized
agricultural employees to select collective bargaining
representation through a new "mediated election" process.
This bill passed the Senate Floor on 8/18/08 with a vote of
23-15, and was vetoed by Governor Schwarzenegger.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: Yes
SUPPORT : (Verified 5/27/10)
United Farm Workers (source)
Association of California State Supervisors
California Labor Federation
California Nurses Association/National Nurses Organizing
Committee
California Rural Legal Assistance Foundation
California State Employees Association
California State Employees Association Retirees, Inc.
California State University Employees Union
National Lawyers Guild Labor and Employment Committee
United Nurses Associations of California/Union of Health
Care
Professionals
OPPOSITION : (Verified 5/27/10)
Department of Finance
Agricultural Council of California
Alliance of Western Milk Producers
Allied Grape Growers
American Council of Engineering Companies of California
Associated Builders and Contractors
Associated General Contractors
California Aftermarket Industry Association
California Association of Wheat Growers
California Association of Winegrape Growers
California Automotive Wholesalers Association
California Bean Shippers Association
California Business Properties Association
California Chamber of Commerce
California Citrus Mutual
California Farm Bureau Federation
California Framing Contractors Association
California Grain & Feed Association
California Grape and Tree Fruit League
California Grocers Association
California Hospital Association
California Hotel and Lodging Association
California Independent Grocers Association
California Manufacturers and Technology Association
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California Pear Growers Association
California Professional Association of Specialty
Contractors
California Restaurant Association
California Retailers Association
California Seed Association
California State Floral Association
California Warehouse Association
California Women for Agriculture
Family Winemakers of California
Greater Riverside Chambers of Commerce
Grower-Shipper Association of Central California
Grower-Shipper Vegetable Association of Santa Barbara and
San Luis Obispo Counties
National Federation of Independent Business
Nisei Farmers League
Pacific Coast Renderers Association
Pacific Egg & Poultry Association
Ventura County Agricultural Association
Western Electrical Contractors Association
Western Growers Association
Western United Dairymen
Wine Institute
ARGUMENTS IN SUPPORT : Proponents note that farm workers
are an unusually vulnerable workforce demographic in
California. Many farm workers are undocumented workers and
have few rights due to recent court decisions. Proponents
also state that many farm workers work in isolated areas,
making inspections for labor regulations difficult.
Proponents argue that these conditions present a strong
need for collective bargaining and a union presence, but
this has been blocked by employers through coercion,
anti-union pamphlets, and captive audience meetings prevent
fair elections from taking place. Proponents believe that
majority choice elections will allow California's farm
workers to truly and freely choose the best options for
their livelihood and their families' livelihood.
ARGUMENTS IN OPPOSITION : Opponents argue that existing
law gives labor organizations many rights, including the
ability for labor organizations to enter a farmer's
property, and that existing remedies available to the ALRB
are sufficient. They also feel that majority choice
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elections are not a real election, is fundamentally
undemocratic, opens workers up to intimidation from unions
in their homes, and that they deprive farm workers of a
proper debate on the pros and cons of unionization.
Opponents also state that the provisions for increased
civil penalties are excessive, possibly unconstitutional,
and an undue burden on businesses.
PQ:nl 5/28/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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