SB 126

Bill Subjects

Abstract

Existing law prohibits employers from engaging in unfair labor practices, including interfering in the election by agricultural employees of labor representatives to engage in collective bargaining for the designated bargaining units. Existing law provides that, within 5 days after the above-described election, any person may file with the Agricultural Labor Relations Board a signed petition that, among other things, objects to the conduct of the election or conduct affecting the results of the election. Upon receipt of the petition, existing law requires the board to conduct a hearing to determine whether the election shall be certified. Existing law permits the board to refuse to certify the election if it finds, among other things, that misconduct affecting the results of the election occurred. Existing law also provides for elections to decertify a labor organization, as specified. This bill would provide that if the board refuses to certify an election regarding certification of a labor organization because of employer misconduct that, in addition to affecting the results of the election, would render slight the chances of a new election reflecting the free and fair choice of employees, the labor union shall be certified as the exclusive bargaining representative for the bargaining unit. This bill would specify, with regard to the above-described elections regarding certification or decertification, time limits pertaining to the scheduling of hearings on election objections and challenges to ballots and the issuance of decisions by the board with respect to those objections and challenges. Under existing law, whenever it is charged that a person has engaged in or is engaging in certain unfair labor practices, the board has the power to issue and cause to be served upon the person a complaint stating the charges and containing a notice of hearing, as specified, not less than 5 days after the serving of the complaint. Under existing law, the board has the power, upon issuance of the above-described complaint, to petition the superior court in any county wherein the unfair labor practice in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary relief or a restraining order. Existing law grants the court jurisdiction to grant that relief. This bill would specify what the court is to consider in determining whether temporary relief or a restraining order is just and proper. This bill would provide that when the alleged unfair labor practice is such that, by its nature, it would interfere with the free choice of employees to choose or not choose an exclusive bargaining representative, appropriate temporary relief or a restraining order shall issue on a showing that reasonable cause exists to believe that the unfair labor practice has occurred. This bill would provide that the order shall remain in effect until an election has been held or for 30 days, whichever occurs first. This bill would provide that the temporary relief or restraining order shall not be stayed pending appeal. Existing law specifies the time for filing a declaration by an agricultural employer or a certified labor organization representing agricultural employees that the parties have failed to reach a collective bargaining agreement, thus triggering mandatory mediation. Under existing law, the declaration may be filed 90 days after a renewed demand to bargain where the parties have failed to reach agreement for at least one year, the employer committed an unfair labor practice, and the parties have not previously had a binding contract between them or 180 days after an initial request to bargain. This bill would, instead, provide that the declaration may be filed 90 days after a renewed demand to bargain, as specified above, 90 days after an initial request to bargain, 60 days after the board has certified the labor organization because of employer misconduct and a finding that would render slight the chances of a new election reflecting the free and fair choice of employees, or 60 days after the board has dismissed a decertification petition upon a finding that the employer has unlawfully initiated, supported, sponsored, or assisted in the filing of a decertification petition. Existing law provides that if, upon the preponderance of the testimony taken, the board is of the opinion that any person named in the above-described complaint has engaged in or is engaging in any unfair labor practice, the board is required to state its findings of fact and issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice. Existing law specifies how certification and the record of investigation are to be handled whenever the cease and desist order is based in whole or in part upon the facts certified following an investigation pertaining to elections of bargaining unit representatives, and there is a petition for review of the order. This bill would provide that the filing of the above-described petition for review of the order shall not be grounds for a stay of proceedings pertaining to mandatory mediation.