CHAPTER 2. Cooperative Bargaining Associations [54401. - 54463.]

Chapter 2 enacted by Stats. 1967, Ch. 15.

§§ 54401–54463 · 30 sections

1. ARTICLE 1. Definitions and General Provisions §§ 54401–54405 · 9 sections

   • § 54401 As used in this chapter, “cooperative bargaining association” means a farmer association which is organized and functioning pursuant to Chapter 1 (commencing…
   • § 54402 It is the public policy of the state to establish and support the right of any farmer to join voluntarily, belong to and freely participate in cooperative…
   • § 54404 For the purpose of enforcing this chapter, the director may receive complaints from producers against any processor, handler, distributor, or any agent of…
   • § 54404.1 If, upon the investigation conducted under Section 54404, the director has reasonable cause to believe that the person charged has violated Section 54431, the…
   • § 54404.2 At the hearing called pursuant to Section 54404.1, the director may do all the following: (a) Administer oaths and take testimony. (b) Issue subpoenas…
   • § 54404.3 The procedure for holding the hearing pursuant to Section 54404.2 is identical to hearings held pursuant to Article 13 (commencing with Section 55781) of…
   • § 54404.4 At the conclusion of the hearing called pursuant to Section 54404.1, the director shall enter in his or her office in Sacramento an order which dismisses the…
   • § 54404.5 (a) Notwithstanding Section 54404.1, if the director receives a verified complaint that a processor, handler, distributor, or any agent of any such person or a…
   • § 54405 The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter in the superior court of the county in which…
2. ARTICLE 2. Unfair Trade Practices §§ 54431–54435 · 4 sections

   • § 54431 It is an unfair trade practice, and unlawful, for any processor, handler, distributor, or agent of any such person, or, with regard to subdivisions (d), (e),…
   • § 54432 The provisions of subdivision (e) of Section 54431 only apply to any processor, handler, distributor, or agent of any such person, who refuses to negotiate or…
   • § 54434 The provisions of subdivision (e) of Section 54431 shall not apply to cooperative associations in respect to business done with its own membership.
   • § 54435 Nothing in subdivision (e) or (f) of Section 54431 requires any processor, handler, distributor, or agent of any such person, to negotiate over any specific…
3. ARTICLE 3. Annual Report §§ 54442–54447 · 5 sections

   • § 54442 (a) To aid in preparation of the report required under this chapter, the secretary shall establish an advisory committee consisting of the following persons:…
   • § 54443 The advisory committee shall study and report on all of the following issues: (a) Unfair trade practices. (b) Licensing. (c) Funding. (d) Investigation and…
   • § 54444 The advisory committee shall meet not less than once annually.
   • § 54445 The advisory committee shall prepare and transmit a report to the secretary at a time fixed by the secretary so as to meet his or her obligation under this…
   • § 54447 This article shall be construed as a continuation of former Article 3 of Chapter 2 of Division 20.
4. ARTICLE 3.5. Conciliation §§ 54451–54458 · 9 sections

   • § 54451 The department shall order conciliation between any cooperative bargaining association and any processor subject to this chapter if it determines, after…
   • § 54451.5 A conciliation service shall be appointed by the department if the parties cannot agree on a conciliator.
   • § 54452 The following procedure shall be used upon receipt by the department of a request for conciliation: (a) The request from one of the parties to the negotiation,…
   • § 54453 (a) If conciliation is ordered, the department shall, on the day the department determines that conciliation shall be conducted, notify both parties that the…
   • § 54454 The conciliator shall perform the following duties: (a) Meet with the parties involved in the bargaining process in an attempt to resolve the dispute. (b)…
   • § 54455 If the dispute has not been resolved by the completion of the conciliation process, the conciliator shall file a final report with the department within three…
   • § 54456 All reasonable costs incurred in carrying out the conciliation prescribed in this article shall be shared equally by each party to the negotiations.
   • § 54457 (a) In the report submitted to the Legislature pursuant to Section 54441, the department shall include a section on this article, which shall consist of the…
   • § 54458 Any person who violates any provision of this article is liable civilly for a penalty in an amount not to exceed the sum of ten thousand dollars ($10,000) for…
5. ARTICLE 4. Penalties §§ 54461–54463 · 3 sections

   • § 54461 The willful violation of any provision of this chapter is a misdemeanor punishable by a fine of not less than five hundred dollars ($500) nor more than five…
   • § 54462 In addition to the penalty which is provided by Section 54461, any person who violates any provision of this chapter is liable civilly for a penalty in an…
   • § 54463 In addition to any other remedies provided under this article, the director may seek to obtain injunctive relief in the proper court to require any person…