Bill Text: CA AB561 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 561	AMENDED
	BILL TEXT

	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
1164.6 to, the Labor Code, relating to agricultural labor relations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 561, as amended, 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
issuance and prosecution of complaints regarding unfair labor
practices.
   This bill would grant the general counsel primary authority with
respect to the calculation and litigation of makewhole awards,
backpay calculations, and other monetary awards in compliance
proceedings before the board, as specified. The bill would require
the board and general counsel, within one year of an order of the
board finding liability for a makewhole award, backpay calculation,
or other monetary award, to process any compliance decision
concerning the award to final board order.
   (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  an   any  order of the
board  under the act  to post a bond in the amount of the
entire economic value of the order, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 primary authority with
respect to the calculation and litigation of makewhole awards,
backpay calculations, and other monetary awards to employees in
compliance proceedings before the board, and may be relieved of this
primary authority upon application by a charging party and a finding
by the board that the general counsel has been negligent in his or
her duties or has unreasonably delayed in processing or litigating
the makewhole award, backpay calculation, or other monetary award.
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  such
  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.  Within one year of an order of the board finding
liability for a makewhole award, backpay calculation, or other
monetary award to employees, the board and general counsel shall
process any compliance decision concerning the award to final board
order.
  SEC. 3.  Section 1164.6 is added to the Labor Code, to read:
   1164.6.  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  an   any 
order of the board  under the Alatorre-Zenovich-Dunlap-Berman
Agricultural Labor Relations Act of 1975  shall 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. The board shall reasonably
determine the entire economic value of the order based on submissions
from the parties.