California Acts of the 2022 Legislative Session
AB 2183, Chapter 673
An act to add Sections 1160.10 and 1162 to, and to add and repeal Sections 1156.35, 1156.36, and 1156.37 of, the Labor Code, relating to employment.
AB 2183, Stone. Agricultural labor relations: elections.
Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, grants agricultural employees the right to form and join labor organizations and 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. Existing law creates the Agricultural Labor Relations Board and prescribes its composition, duties, and powers. Existing law authorizes the board to hold hearings and conduct investigations and requires that certain procedures be the exclusive method of redressing unfair labor practices. Under existing law, any person who willfully resists, prevents, or interferes with a member of the board or its agents or agencies in the performance of their duties is guilty of a misdemeanor.
Existing law requires the board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, the labor organization shall be certified as the bargaining representative for the bargaining unit.
This bill would refer to the election by secret ballot process as a polling place election. The bill would establish alternative procedures to the polling place election and authorize a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, as prescribed, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. The bill would provide that a labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without using the existing polling place process. Under the bill, a labor peace election would be a mail ballot election and a non-labor peace election would establish a process for the submission of a petition with proof of majority support, subject to certification by the board. Among other provisions, the bill would require for both alternative procedures that an employer respond to the board with regard to a petition, including providing a specified list of employees to the board. By expanding the definition of a crime, this bill would impose a state-mandated local program.
This bill would establish a schedule for agricultural employers to indicate to the board whether they agree to a labor peace compact, defined to mean an agreement by the employer to, among other things, make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after certain documents regarding organization are filed with the board. The bill would prohibit a labor peace compact from prohibiting an employer from communicating truthful statements to employees regarding workplace policies or benefits, as specified. The bill would require the board to develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign.
This bill would repeal the above provisions on January 1, 2028.
This bill would prescribe civil penalties to be imposed upon an agricultural employer who commits an unfair labor practice in an amount not to exceed $10,000 for each violation, and would increase that sum to an amount not to exceed $25,000 for specified violations. The bill would require the board to consider specified factors in determining the amount of a civil penalty pursuant to these provisions. The bill would also authorize the board to impose personal liability for these penalties upon a director or officer of an employer in certain circumstances.
Existing law authorizes a person aggrieved by the final order of the board granting or denying in whole or in part the relief sought for an unfair labor practice, to obtain a review of the order in a specified court of appeal by filing in the court a written petition requesting that the order of the board be modified or set aside.
This bill would require an employer who appeals or petitions for a writ of review of any order of the board involving make-whole, backpay, or other monetary awards to employees, to post an appeal 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.
This bill would state that its provisions are severable.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1156.35 is added to the Labor Code, to read:
1156.35. (a) As an alternative procedure to the polling place election process set forth in Section 1156.3, a labor organization may be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. A labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without holding a polling place election.
(b) Every agricultural employer in this state shall have the option to indicate to the board whether they agree to a labor peace compact for purposes of this section. For calendar year 2023, this choice shall be made during the time period of January 1, 2023, through February 1, 2023. For all subsequent years, an agricultural employer shall exercise this option in the 30 days prior to January 1 of the following year.
(c) As used in this section, "labor peace compact" means an agreement by the employer that includes all of the following provisions:
(1) An agreement to make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after a Notice of Intent to Organize, Notice to Take Access, or petition for any type of election is filed.
(2) An agreement by the employer to voluntarily allow labor organization access as previously permitted under this part prior to the June 23, 2021, decision of the United States Supreme Court in Cedar Point Nursery v. Hassid (2021) 141 S.Ct. 2063.
(3) An agreement not to engage in any captive audience meetings. For purposes of this paragraph "captive audience meeting" means any meeting or communication between an employer or employer's management, supervisors, representatives, or agents and one or more agricultural employees, whether voluntary or mandatory, or paid or unpaid, where there is any discussion of unions, union representation, unionization efforts, or other protected concerted activity, in any way.
(4) An agreement not to disparage the union in any written or verbal communications to employees or to the public.
(5) An agreement not to express any preference for one union over another union.
(d) A labor peace compact shall not prohibit an employer from communicating truthful statements to employees regarding workplace policies or benefits, providing that such communications make no reference to any union, unionization efforts, or other protected concerted activity.
(e) A labor peace compact shall be followed during employee hire, re-hire, or orientation, or after a Notice of Intent to Organize, Notice to Take Access, or petition for any type of election is filed. Where a petition for an election has been filed, the labor peace compact requirements shall...
