BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1474|
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VETO
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, 6/2/10
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
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 4-2, 8/18/10
AYES: DeSaulnier, Ducheny, Leno, Yee
NOES: Wyland, Hollingsworth
ASSEMBLY FLOOR : 45-27, 8/16/10 - See last page for vote
SENATE FLOOR : 23-11, 8/19/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa,
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SB 1474
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DeSaulnier, Ducheny, Florez, Hancock, Kehoe, Leno, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Denham, Dutton, Harman,
Hollingsworth, Huff, Runner, Strickland, Wyland
NO VOTE RECORDED: Emmerson, Oropeza, Walters, Wiggins,
Vacancy, Vacancy
SUBJECT : Labor representatives: elections
SOURCE : United Farm Workers
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.
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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.
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.
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
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
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SB 1474
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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
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
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Wine Institute
GOVERNOR'S VETO MESSAGE :
"I am returning Senate Bill (SB) 1474 without my
signature.
This bill would require the Agricultural Labor
Relations Board (ALRB) to set aside an election in
which there has been misconduct by the employer that
affected the outcome of the election and require the
ALRB to certify a labor organization as the exclusive
bargaining representative if it had been established
that at least 50 percent of the employees to be
represented signed authorization cards prior to the
election.
Currently, the ALRB has the authority to set aside an
election, based on objections by either the employer
or the labor organization, and order a rerun election
if a new election would further the purpose of the
Agricultural Labor Relations Act.
The provisions of SB 1474 represent a serious
departure from existing law. The provisions of this
bill tip the scale in favor of the union by only
allowing the ALRB to consider any misconduct, which
is not defined, by the employer when making the
determination to set aside the election, but does not
take into consideration the possibility that the
employer may have similar allegations of election
misconduct by the labor organization. This remedy
should only be allowed in cases where the ALRB finds
the possibility of erasing the effects of past unfair
labor practices and of ensuring a fair election is
slight, and that employee sentiment once expressed
through cards would, on balance, be better protected
by a bargaining order.
Finally, in order for me to sign a bill that alters
the secret ballot election, the provisions governing
a certification election should also govern a
decertification election. Overturning and reversing
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secret ballot election results should not be taken
lightly and may be appropriate in only the most
egregious cases.
For these reasons, I am unable to sign this bill."
ASSEMBLY FLOOR :
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 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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