BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1474|
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UNFINISHED BUSINESS
Bill No: SB 1474
Author: Steinberg (D), et al
Amended: 8/12/10
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
SENATE FLOOR : 22-11, 06/02/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
DeSaulnier, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Simitian,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cox, Denham, Dutton, Harman,
Hollingsworth, Huff, Strickland, Walters, Wyland
NO VOTE RECORDED: Cogdill, Ducheny, Oropeza, Runner,
Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 45-27, 08/16/10 - See last page for vote
SUBJECT : Labor representatives: elections
SOURCE : United Farm Workers
CONTINUED
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DIGEST : This bill requires the Agricultural Labor
Relations Board (ALRB) to certify a labor organization for
purposes of collective bargaining if a representation
election has been set aside for employer misconduct, as
specified.
Assembly Amendments require the ALRB to certify a labor
organization for purposes of collective bargaining if a
representation election has been set aside for employer
misconduct, as specified.
ANALYSIS : Existing law authorizes the ALRB to refuse to
certify an election if it finds that any of the assertions
made in on objection petition are correct, that the
election was not conducted properly, or that misconduct
affecting the results of the election occurred. Existing
law requires the ALRB to certify an election unless it
determines that there are sufficient grounds to refuse to
do so.
This bill:
1.Authorizes the ALRB to refuse to certify an election if
it finds that the employer engaged in misconduct
affecting the right of employees to a free and uncoerced
choice in a secret ballot election.
2.Specifies that the ALRB shall not refuse to certify an
election based solely on a de minimis violation of the
law.
3.Provides that, notwithstanding any other provision of
law, if an election has been set aside because of
employer misconduct that affected the outcome of the
election, a labor organization shall be certified as the
exclusive bargaining representative if it has already
submitted valid authorization cards signed by more than
50 percent of the employees.
4.In cases involving election objection petitions filed
regarding bargaining units with no current certified
bargaining representative, requires the ALRB to issue a
final order on the matter within twelve months after the
objection petition is filed.
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5.Declares the intent of the Legislature to provide the
ALRB, in addition to existing law and standards, with an
alternative basis to set aside an election and a remedy
for misconduct affecting the right of employees to a free
and uncoerced choice in a secret ballot election.
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
Local: Yes
SUPPORT : (Verified 8/17/10)
United Farm Workers (source)
Association of California State Supervisors
California Labor Federation
California Nurses Association/National Nurses Organizing
Committee
California Rural Legal Assistance Foundation
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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 8/17/10)
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
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
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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
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.
ASSEMBLY FLOOR :
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AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Carter, Coto, De
La Torre, De Leon, Eng, Evans, Feuer, Fong, Fuentes,
Furutani, Gatto, Hall, Hayashi, Hernandez, Hill, Huffman,
Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Skinner, Solorio, Swanson, Torlakson, Torres,
Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,
Gilmore, Hagman, Harkey, Huber, Jeffries, Knight, Logue,
Miller, Nestande, Niello, Nielsen, Norby, Silva, Smyth,
Audra Strickland, Tran
NO VOTE RECORDED: Bass, Blakeslee, Charles Calderon,
Chesbro, Davis, Galgiani, Villines, Vacancy
PQ:nl 8/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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