BILL ANALYSIS �
SB 25
Page 1
SENATE THIRD READING
SB 25 (Steinberg)
As Amended August 21, 2014
Majority vote
SENATE VOTE :23-10
LABOR & EMPLOYMENT 4-2 JUDICIARY 6-3
-----------------------------------------------------------------
|Ayes:|Roger Hern�ndez, Chau, |Ayes:|Wieckowski, Chau, |
| |Gomez, Holden | |Dickinson, Garcia, |
| | | |Muratsuchi, Stone |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell, Gorell |Nays:|Wagner, Gorell, |
| | | |Maienschein |
-----------------------------------------------------------------
SUMMARY : Makes various changes to the mandatory mediation
procedures of the Agricultural Labor Relations Act (ALRA).
Specifically, this bill :
1)Provides that an agricultural employer or labor organization
may file an order to enforce a mandatory mediation order from
the Agricultural Labor Relations Board (ALRB) even if a party
seeks appellate review of the decision.
2)Requires the parties to implement the terms of the ALRB's
order while a petition for a writ of review is pending.
3)Provides that a court may only issue a stay of an ALRB order
unless it finds and states in its initial findings that:
a) The appellant has demonstrated by clear and convincing
evidence that he or she will be irreparably harmed by
implementation of the order; and
b) The appellant has demonstrated by clear and convincing
evidence a likelihood of success on appeal.
4)Provides that a court granting a stay of an ALRB order shall
provide written findings and analysis supporting the decision.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
SB 25
Page 2
COMMENTS : This bill, sponsored by the United Farm Workers
(UFW), proposes to make a series of changes to the mandatory
mediation process that was added to the ALRA in 2002. The
mandatory mediation process was enacted by two bills, SB 1156
(Burton), Chapter 1145, Statutes of 2002, and AB 2596 (Wesson),
Chapter 1146, Statutes of 2002. While the provisions of the
mediation process have undergone some changes, the mediation
process provided under existing law remains largely unchanged.
This bill seeks to address the length of time for the mediation
to become binding. While the process between the mediator and
the ALRB is straightforward, a court can stay the mediation
indefinitely without explaining the reasoning or without an
evidentiary process that establishes that a party would suffer
irreparable harm. Additionally, parties are not required to
follow the terms of the mediation while the appeal is pending.
This bill addresses this issue by requiring that the court may
only stay a mediator's decision with clear and convincing
evidence, and that the court must provide written findings
explaining their reasons for staying the mediator's decision.
Additionally, this bill requires the parties to follow the
mediation decision while the appeal is pending.
The UFW states the following in support of this measure:
?[This bill] also addresses an enforcement loophole in
the 2002 law that has been identified by the ALRB. In
some specific cases, the ALRB is unable to enforce a
mediator's decision or to implement new wages. This
past summer, a mediator imposed a first contract at
Ace Tomato - a farm where farm workers first voted for
the union in 1989. This first contract gave workers
wage increases, workplace protections, and the ability
to resolve disputes through grievance and arbitration
procedures. Yet, even after two decades of legal
maneuvers by Ace, when workers requested that the ALRB
enforce the contract that Ace was refusing to
implement, the ALRB concluded that it does not have
the power to enforce the contract. As the ALRB wrote:
'?there is no legal mechanism through which the
Board can seek to enforce its decision at this
time. A statutory amendment is needed to afford
that authority to the Board where, as here, it is
warranted.'
SB 25
Page 3
Opponents contend that significant amendments to the ALRA are
not warranted. They argue that this bill would present
significant challenges and increase pressure on agricultural
employers in California.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0005043