PART 3.5. AGRICULTURAL LABOR RELATIONS [1140. - 1166.3.]
Part 3.5 added by Stats. 1975, 3rd Ex. Sess., Ch. 1.
§§ 1140–1166.3 · 77 sections
CHAPTER 1. General Provisions and Definitions §§ 1140–1140.6 · 4 sections
- § 1140 This part shall be known and may be referred to as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975.
- § 1140.2 It is hereby stated to be the policy of the State of California to encourage and protect the right of agricultural employees to full freedom of association,…
- § 1140.4 As used in this part: (a) The term “agriculture” includes farming in all its branches, and, among other things, includes the cultivation and tillage of the…
- § 1140.6 Notwithstanding any other provision of state law, the board shall have exclusive jurisdiction in all phases of the administration of this part to determine…
CHAPTER 2. Agricultural Labor Relations Board §§ 1141–1151.6 · 19 sections
ARTICLE 1. Agricultural Labor Relations Board: Organization §§ 1141–1150 · 13 sections
- § 1141 (a) There is hereby created in the Labor and Workforce Development Agency the Agricultural Labor Relations Board, which shall consist of five members and which…
- § 1142 (a) The principal office of the board shall be in Sacramento, but it may meet and exercise any or all of its power at any other place in California. (b)…
- § 1142.5 (a) The board shall maintain, at its principal office, a telephone line 24 hours a day, seven days a week, for the purpose of providing interested persons with…
- § 1143 The board shall, at the close of each fiscal year, make a report in writing to the Legislature and to the Governor stating in detail the cases it has heard,…
- § 1144 The board may from time to time make, amend, and rescind, in the manner prescribed in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of…
- § 1144.5 (a) Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government…
- § 1145 The board may appoint an executive secretary and such attorneys, hearing officers, administrative law officers, and other employees as it may from time to time…
- § 1146 The board is authorized to delegate to any group of three or more board members any or all the powers which it may itself exercise. A vacancy in the board…
- § 1147 Each member of the board shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the…
- § 1148 The board may follow applicable precedents of the National Labor Relations Act, as amended, which shall constitute persuasive authority in the interpretation…
- § 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…
- § 1149.3 (a) In cases that the board is required to determine the specific amount of a monetary remedy before issuing a final board order pursuant to Section 1160.3,…
- § 1150 Each member of the board and the general counsel of the board shall be eligible for reappointment, and shall not engage in any other business, vocation, or…
ARTICLE 2. Investigatory Powers §§ 1151–1151.6 · 6 sections
- § 1151 For the purpose of all hearings and investigations, which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by…
- § 1151.2 (a) No person shall be excused from attending and testifying, or from producing books, records, correspondence, documents, or other evidence in obedience to…
- § 1151.3 Any party shall have the right to appear at any hearing in person, by counsel, or by other representative.
- § 1151.4 (a) Complaints, orders, and other process and papers of the board, its members, agents, or agency, may be served either personally or by registered mail or by…
- § 1151.5 The several departments and agencies of the state upon request by the board, shall furnish the board all records, papers, and information in their possession,…
- § 1151.6 Any person who shall willfully resist, prevent, impede, or interfere with any member of the board or any of its agents or agencies in the performance of duties…
CHAPTER 3. Rights of Agricultural Employees § 1152 · 1 section
- § 1152 Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own…
CHAPTER 4. Unfair Labor Practices and Regulation of Secondary Boycotts §§ 1153–1155.7 · 11 sections
- § 1153 It shall be an unfair labor practice for an agricultural employer to do any of the following: (a) To interfere with, restrain, or coerce agricultural employees…
- § 1154 It shall be an unfair labor practice for a labor organization or its agents to do any of the following: (a) To restrain or coerce: (1) Agricultural employees…
- § 1154.5 It shall be an unfair labor practice for any labor organization which represents the employees of the employer and such employer to enter into any contract or…
- § 1154.6 It shall be an unfair labor practice for an employer or labor organization, or their agents, willfully to arrange for persons to become employees for the…
- § 1155 The expressing of any views, arguments, or opinions, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute…
- § 1155.2 (a) For purposes of this part, to bargain collectively in good faith is the performance of the mutual obligation of the agricultural employer and the…
- § 1155.3 (a) Where there is in effect a collective-bargaining contract covering agricultural employees, the duty to bargain collectively shall also mean that no party…
- § 1155.4 It shall be unlawful for any agricultural employer or association of agricultural employers, or any person who acts as a labor relations expert, adviser, or…
- § 1155.5 It shall be unlawful for any person to request, demand, receive, or accept, or agree to receive or accept, any payment, loan, or delivery of any money or other…
- § 1155.6 Nothing in Section 1155.4 or 1155.5 shall apply to any matter set forth in subsection (c) of Section 186 of Title 29 of the United States Code.
- § 1155.7 Nothing in this chapter shall be construed to apply or be applicable to any labor organization in its representation of workers who are not agricultural…
CHAPTER 5. Labor Representatives and Elections §§ 1156–1159 · 13 sections
- § 1156 (a) Representatives designated by the submission of authorization cards or other proof of support or selected by a secret ballot by the majority of the…
- § 1156.2 The bargaining unit shall be all the agricultural employees of an employer. If the agricultural employees of the employer are employed in two or more…
- § 1156.3 (a) A petition that is either signed by, or accompanied by authorization cards signed by, a majority of the currently employed employees in the bargaining unit…
- § 1156.37 (a) A labor organization may become the exclusive representative for the agricultural employees of an appropriate bargaining unit for purposes of collective…
- § 1156.4 Recognizing that agriculture is a seasonal occupation for a majority of agricultural employees, and wishing to provide the fullest scope for employees’…
- § 1156.5 (a) The board shall not direct an election or conduct a review of any majority support petition in any bargaining unit where a valid election has been held or…
- § 1156.6 The board shall not direct an election in any bargaining unit which is represented by a labor organization that has been certified within the immediately…
- § 1156.7 (a) No collective-bargaining agreement executed prior to the effective date of this chapter shall bar a petition for an election. (b) A collective-bargaining…
- § 1157 (a) All agricultural employees of the employer whose names appear on the payroll applicable to the payroll period immediately preceding the filing of a…
- § 1157.2 In any election where none of the choices on the ballot receives a majority, a runoff shall be conducted, the ballot providing for a selection between the two…
- § 1157.3 Employers shall maintain accurate and current payroll lists containing the names and addresses of all their employees, and shall make such lists available to…
- § 1158 Whenever an order of the board made pursuant to Section 1160.3 is based in whole or in part upon the facts certified following an investigation pursuant to…
- § 1159 In order to assure the full freedom of association, self-organization, and designation of representatives of the employees own choosing, only labor…
CHAPTER 6. Prevention of Unfair Labor Practices and Judicial Review and Enforcement §§ 1160–1162 · 13 sections
- § 1160 The board is empowered, as provided in this chapter, to prevent any person from engaging in any unfair labor practice, as set forth in Chapter 4 (commencing…
- § 1160.2 Whenever it is charged that any person has engaged in or is engaging in any such unfair labor practice, the board, or any agent or agency designated by the…
- § 1160.3 The testimony taken by such member, agent, or agency, or the board in such hearing shall be reduced to writing and filed with the board. Thereafter, in its…
- § 1160.4 (a) The board may, upon finding reasonable cause to believe that any person has engaged in or is engaging in an unfair labor practice, petition the superior…
- § 1160.5 Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (4) of subdivision (d) of Section 1154, the…
- § 1160.6 Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of paragraph (1), (2), or (3) of subdivision (d), or of…
- § 1160.7 Whenever it is charged that any person has engaged in an unfair labor practice within the meaning of subdivision (c) of Section 1153 or subdivision (b) of…
- § 1160.8 Any person aggrieved by the final order of the board granting or denying in whole or in part the relief sought may obtain a review of such order in the court…
- § 1160.9 The procedures set forth in this chapter shall be the exclusive method of redressing unfair labor practices.
- § 1160.10 (a) (1) Any employer who commits an unfair labor practice shall, in addition to any remedy ordered by the board, be subject to a civil penalty in an amount not…
- § 1160.11 (a) An employer who petitions for a writ of review of a final board order in the court of appeal or the California Supreme Court pursuant to Section 1160.8, or…
- § 1161 (a) The Agricultural Employee Relief Fund is hereby created as a special fund in the State Treasury and is continuously appropriated to the Agricultural Labor…
- § 1162 (a) An employer who petitions for a writ of review in a court of appeal or the California Supreme Court or otherwise appeals, petitions, or seeks to overturn…
CHAPTER 6.5. Contract Dispute Resolution §§ 1164–1164.13 · 9 sections
- § 1164 (a) An agricultural employer or a labor organization certified as the exclusive bargaining agent of a bargaining unit of agricultural employees may file with…
- § 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,…
- § 1164.5 (a) Within 30 days after the order of the board takes effect, a party may petition for a writ of review in the court of appeal or the California Supreme Court.…
- § 1164.7 (a) The board and each party to the action or proceeding before the mediator may appear in the review proceeding. Upon the hearing, the court of appeal or the…
- § 1164.9 No court of this state, except the court of appeal or the Supreme Court, to the extent specified in this article, shall have jurisdiction to review, reverse,…
- § 1164.10 (a) At the conclusion of any review proceedings commenced under this chapter in which the board’s order is affirmed, and the terms set forth in the board’s…
- § 1164.11 A demand made pursuant to paragraph (1) of subdivision (a) of Section 1164 may be made only in cases which meet all of the following criteria: (a) the parties…
- § 1164.12 To ensure an orderly implementation of the mediation process ordered by this chapter, a party may not file a total of more than 75 declarations with the board…
- § 1164.13 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
CHAPTER 7. Suits Involving Employers and Labor Organizations §§ 1165–1165.4 · 4 sections
- § 1165 (a) Suits for violation of contracts between an agricultural employer and an agricultural labor organization representing agricultural employees, as defined in…
- § 1165.2 For the purpose of this part, the superior court shall have jurisdiction over a labor organization in this state if such organization maintains its principal…
- § 1165.3 The service of summons, subpoena, or other legal process of any superior court upon an officer or agent of a labor organization, in his capacity as such, shall…
- § 1165.4 For the purpose of this part, in determining whether any person is acting as an agent of another person so as to make such other person responsible for his…
CHAPTER 8. Limitations §§ 1166–1166.3 · 3 sections
- § 1166 Nothing in this part, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right…
- § 1166.2 Nothing in this part shall prohibit any individual employed as a supervisor from becoming or remaining a member of a labor organization, but no employer…
- § 1166.3 (a) If any provision of this part, or the application of such provision to any person or circumstances, shall be held invalid, the remainder of this part, or…