Bill Text: CA AB561 | 2015-2016 | Regular Session | Enrolled
Bill Title: Agricultural labor relations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB561 Detail]
Download: California-2015-AB561-Enrolled.html
BILL NUMBER: AB 561 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 8, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN ASSEMBLY APRIL 14, 2015
AMENDED IN ASSEMBLY MARCH 17, 2015
INTRODUCED BY Assembly Member Campos
FEBRUARY 24, 2015
An act to amend Section 1149 of, and to add Sections 1149.3 and
1162 to, the Labor Code, relating to agricultural labor relations.
LEGISLATIVE COUNSEL'S DIGEST
AB 561, Campos. Agricultural labor relations.
(1) The Alatorre-Zenovich-Dunlap-Berman Agricultural Labor
Relations Act of 1975 regulates employer-employee relations in
agriculture. The act, among other things, prohibits agricultural
employers and employees from engaging in unfair labor practices, as
defined, and empowers the Agricultural Labor Relations Board to
prevent any person from engaging in those practices. The act provides
for a general counsel of the board and grants the general counsel
final authority with respect to the investigation of charges and the
issuance and prosecution of complaints regarding unfair labor
practices.
This bill would require the board to process to final board order
all decisions concerning make-whole awards, backpay, and other
monetary awards to employees within one year or any board order
finding liability for an award. The bill would also make related
technical, nonsubstantive changes.
(2) The act grants employees the right to engage in collective
bargaining with respect to wages, terms of employment, and other
employment conditions, and authorizes employees to elect exclusive
bargaining representatives for these purposes. The act, if certain
conditions are met, requires the employer and exclusive bargaining
representative to engage in mandatory mediation and conciliation of
their issues, and authorizes both parties to appeal orders of the
board based on this mandatory mediation and conciliation, as
specified.
This bill would require an employer who appeals or petitions for a
writ of review of any order of the board under the act involving
make-whole, backpay, or other monetary awards to employees to post a
bond in the amount of the entire economic value of the order, as
specified, and would provide for the bond to be forfeited under
specified conditions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1149 of the Labor Code is amended to read:
1149. There shall be a general counsel of the board who shall be
appointed by the Governor, subject to confirmation by a majority of
the Senate, for a term of four years. The general counsel shall have
the power to appoint those attorneys, administrative assistants, and
other employees as necessary for the proper exercise of his or her
duties. The general counsel of the board shall exercise general
supervision over all attorneys employed by the board (other than
administrative law officers and legal assistants to board members),
and over the officers and employees in the regional offices. The
general counsel shall have final authority, on behalf of the board,
with respect to the investigation of charges and issuance of
complaints under Chapter 6 (commencing with Section 1160) of this
part, and with respect to the prosecution of those complaints before
the board. The general counsel shall have those other duties as the
board may prescribe or as may be provided by law. All employees
appointed by the general counsel shall perform their duties in an
objective and impartial manner without prejudice toward any party
subject to the jurisdiction of the board. In case of a vacancy in the
office of the general counsel, the Governor is authorized to
designate the officer or employee who shall act as general counsel
during that vacancy, but no person or persons so designated shall so
act either (1) for more than 40 days when the Legislature is in
session unless a nomination to fill that vacancy has been submitted
to the Senate, or (2) after the adjournment sine die of the session
of the Senate in which the nomination was submitted.
SEC. 2. Section 1149.3 is added to the Labor Code, to read:
1149.3. The board shall be required to process to final board
order all decisions concerning make-whole awards, backpay, and other
monetary awards to employees, within one year of any board order
finding liability for that award. If the board has already made a
finding that an employer is liable for a make-whole, backpay, or any
other monetary award to an employee or employees, and a compliance
proceeding is necessary to determine the specific amount owed by the
employer, the board shall be required to process to final board order
a decision concerning the amount or amounts owed within one year of
the time that a final decision on employer liability has been made by
the board. For purposes of this section, a final decision on
employer liability shall be defined as either the date when a board
order concerning liability becomes final because no appeal was sought
or the date when a reviewing court dismisses an employer's appeal or
decides in favor of the board concerning the employer's liability.
If an employer's liability and compliance proceedings are
consolidated, the board shall act reasonably and without delay in
reaching a final decision concerning the liability and amounts owed
to workers.
SEC. 3. Section 1162 is added to the Labor Code, to read:
1162. (a) An employer who petitions for a writ of review in the
court of appeal or the California Supreme Court or otherwise appeals
or seeks to overturn or stay any order of the board under the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975 involving make-whole, backpay, or other monetary awards to
employees shall, as a condition to seeking review or appeal, post a
bond, in the amount of the entire economic value of the order as
determined by the board, to ensure that employees receive the
benefits of the order if the employer does not prevail.
(b) The bond shall consist of an appeal bond issued by a licensed
surety or a cash deposit with the board in the amount of the order,
decision, or award. The employer shall provide written notification
to all of the parties of the posting of the bond. The bond shall be
on the condition that, if any judgment is entered against the
employer, the employer shall pay the amount owed pursuant to the
judgment, and if the appeal is withdrawn or dismissed without entry
of judgment, the employer shall pay the amount owed pursuant to the
order, decision, or award of the board unless the parties have
executed a settlement agreement for payment of some other amount, in
which case the employer shall pay the amount that the employer is
obligated to pay under the terms of the settlement agreement. If the
employer fails to pay the amount owed within 10 days of entry of the
judgment, dismissal, or withdrawal of the appeal, or the execution of
a settlement agreement, the bond is forfeited to the employee or
employees.
