Bill Text: CA SB25 | 2013-2014 | Regular Session | Enrolled
Bill Title: Agricultural labor relations: dispute resolution.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-09-28 - In Senate. Consideration of Governor's veto pending. [SB25 Detail]
Download: California-2013-SB25-Enrolled.html
BILL NUMBER: SB 25 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 30, 2014
PASSED THE ASSEMBLY AUGUST 30, 2014
AMENDED IN ASSEMBLY AUGUST 21, 2014
AMENDED IN ASSEMBLY JUNE 19, 2013
AMENDED IN ASSEMBLY JUNE 5, 2013
AMENDED IN SENATE APRIL 25, 2013
INTRODUCED BY Senator Steinberg
DECEMBER 3, 2012
An act to amend Section 1164.3 of the Labor Code, relating to
employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 25, Steinberg. Agricultural labor relations: dispute
resolution.
Existing law provides that within 60 days of a decision by the
Agricultural Labor Relations Board taking effect, a party may file an
action to enforce the order, using specified procedures. Existing
law provides that during the pendency of any appeal of the board's
order, the order may not be stayed unless the appellant demonstrates
that he or she is likely to prevail on the merits and that he or she
will be irreparably harmed by implementation of the board's order.
This bill would provide that an action to enforce the order of the
board may be filed within 60 days whether or not the other party is
seeking judicial review of the order. The bill would also increase
the evidentiary threshold for the court to grant a stay of the board'
s order and require the court to make written findings supporting any
order granting a stay of the order during the pendency of the
appeal.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1164.3 of the Labor Code is amended to read:
1164.3. (a) Either party, within seven days of the filing of the
report by the mediator, may petition the board for review of the
report. The petitioning party shall, in the petition, specify the
particular provisions of the mediator's report for which it is
seeking review by the board and shall specify the specific grounds
authorizing review by the board. The board, within 10 days of receipt
of a petition, may accept for review those portions of the petition
for which a prima facie case has been established that (1) a
provision of the collective bargaining agreement set forth in the
mediator's report is unrelated to wages, hours, or other conditions
of employment within the meaning of Section 1155.2, (2) a provision
of the collective bargaining agreement set forth in the mediator's
report is based on clearly erroneous findings of material fact, or
(3) a provision of the collective bargaining agreement set forth in
the mediator's report is arbitrary or capricious in light of the
mediator's findings of fact.
(b) If it finds grounds exist to grant review within the meaning
of subdivision (a), the board shall order the provisions of the
report that are not the subject of the petition for review into
effect as a final order of the board. If the board does not accept a
petition for review or no petition for review is filed, then the
mediator's report shall become a final order of the board.
(c) The board shall issue a decision concerning the petition and
if it determines that a provision of the collective bargaining
agreement contained in the mediator's report violates the provisions
of subdivision (a), it shall, within 21 days, issue an order
requiring the mediator to modify the terms of the collective
bargaining agreement. The mediator shall meet with the parties for
additional mediation for a period not to exceed 30 days. At the
expiration of this mediation period, the mediator shall prepare a
second report resolving any outstanding issues. The second report
shall be filed with the board.
(d) Either party, within seven days of the filing of the mediator'
s second report, may petition the board for a review of the mediator'
s second report pursuant to the procedures specified in subdivision
(a). If no petition is filed, the mediator's report shall take
immediate effect as a final order of the board. If a petition is
filed, the board shall issue an order confirming the mediator's
report and order it into immediate effect, unless it finds that the
report is subject to review for any of the grounds specified in
subdivision (a), in which case the board shall determine the issues
and shall issue a final order of the board.
(e) Either party, within seven days of the filing of the report by
the mediator, may petition the board to set aside the report if a
prima facie case is established that any of the following have
occurred: (1) the mediator's report was procured by corruption,
fraud, or other undue means, (2) there was corruption in the
mediator, or (3) the rights of the petitioning party were
substantially prejudiced by the misconduct of the mediator. For the
sole purpose of interpreting the terms of paragraphs (1), (2), and
(3), case law that interprets similar terms used in Section 1286.2 of
the Code of Civil Procedure shall apply. If the board finds that any
of these grounds exist, the board shall within 10 days vacate the
report of the mediator and shall order the selection and appointment
of a new mediator, and an additional mediation period of 30 days,
pursuant to Section 1164.
(f) Within 60 days after the order of the board takes effect, even
if a party seeks appellate review of the order of the board, either
party or the board may file an action to enforce the order of the
board, in the superior court for the County of Sacramento or in the
county where either party's principal place of business is located.
During the pendency of a petition for a writ of review by a party,
the parties shall be required to implement the terms of the board's
order immediately upon issuance of the order. No final order of the
board shall be stayed during any review sought under this section,
unless the court finds and states in its initial findings that (1)
the appellant has demonstrated, by clear and convincing evidence,
that he or she will be irreparably harmed by the implementation of
the board's order, and (2) the appellant has demonstrated, by clear
and convincing evidence, a likelihood of success on appeal. For
purposes of this section, the court deciding the stay shall provide
written findings and analysis supporting the decision to grant a
stay.
