AB 616

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 10, 2021
  • Passed Senate Aug 26, 2021
  • Governor

Agricultural labor relations: labor representative elections: representation ballot card election.

Abstract

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 requires the Agricultural Labor Relations 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 secret ballot election as a polling place election. This bill would also permit agricultural employees, as an alternative election procedure, to select their labor representatives through a representation ballot card election by submitting a petition to the board supported by representation ballot cards signed by a majority of employees in the bargaining unit. This bill would require the board to conduct an immediate investigation regarding the validity of the petition and the supporting representation ballot cards and, within 5 days after receiving a petition, to make an administrative decision as to whether the petition meets certain requirements and as to whether the labor organization submitted the requisite number of cards. The bill would require the board to certify the labor organization as the exclusive bargaining representative if the board determines that the labor organization has submitted the required number of representation ballot cards and the cards meet specified criteria. 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.

Bill Sponsors (48)

Gonzalez

     
Coauthor

Votes


Actions


Feb 03, 2022

Assembly

Consideration of Governor's veto stricken from file.

Jan 03, 2022

Assembly

Consideration of Governor's veto pending.

Sep 22, 2021

Assembly

Vetoed by Governor.

Sep 08, 2021

California State Legislature

Enrolled and presented to the Governor at 4:30 p.m.

Sep 01, 2021

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 19. Page 2618.).

Aug 26, 2021

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 11. Page 2115.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

Aug 16, 2021

Senate

Read second time. Ordered to third reading.

Jul 15, 2021

Senate

From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

Jun 30, 2021

Senate

In committee: Hearing postponed by committee.

Jun 17, 2021

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 08, 2021

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 7). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

May 19, 2021

Senate

Referred to Com. on L., P.E. & R.

  • Referral-Committee
Com. on L., P.E. & R.

May 11, 2021

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 10, 2021

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 50. Noes 17. Page 1360.)

May 06, 2021

Assembly

Read second time. Ordered to third reading.

May 05, 2021

Assembly

From committee: Do pass. (Ayes 12. Noes 4.) (May 5).

Apr 26, 2021

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 22). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 23, 2021

Assembly

Coauthors revised.

Feb 25, 2021

Assembly

Referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

Feb 13, 2021

Assembly

From printer. May be heard in committee March 15.

Feb 12, 2021

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB616 HTML
02/12/21 - Introduced PDF
06/17/21 - Amended Senate PDF
09/03/21 - Enrolled PDF

Related Documents

Document Format
04/22/21- Assembly Labor and Employment PDF
05/03/21- Assembly Appropriations PDF
05/07/21- ASSEMBLY FLOOR ANALYSIS PDF
06/04/21- Senate Committee on Labor, Public Employment and Retirement PDF
08/20/21- Sen. Floor Analyses PDF
08/27/21- ASSEMBLY FLOOR ANALYSIS PDF
10/13/21- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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