BILL NUMBER:  SB 1474
  VETOED	DATE: 09/30/2010




To the Members of the California State Senate:

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
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.

Sincerely,



Arnold Schwarzenegger