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AB-2751 Agricultural labor relations: collective bargaining: mediation.(2017-2018)

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Date Published: 03/23/2018 04:00 AM
AB2751:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2751


Introduced by Assembly Member Mark Stone

February 16, 2018


An act to add Section 1150.5 to the Labor Code, relating to agricultural labor relations.


LEGISLATIVE COUNSEL'S DIGEST


AB 2751, as amended, Mark Stone. Agricultural labor relations. relations: collective bargaining: mediation.
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. The act creates the Agricultural Labor Relations Board.
The act provides a mediation procedure applicable to specified agricultural employers and a labor organization certified as the exclusive bargaining agent of a bargaining unit of agricultural employees. Under the act, either party is permitted to file with the board, following a specified period, a declaration that the parties have failed to reach a collective bargaining agreement. The act requires the board, upon receipt of a declaration pursuant to this procedure, to immediately issue an order directing the parties to mandatory mediation and conciliation with an appointed mediator of the issues for a specified period.
The act requires the mediator, if the parties do not resolve the issues to their mutual satisfaction, to certify that the mediation process has been exhausted and requires the mediator to file a report with the board that resolves all issues between the parties and establishes the final terms of a collective bargaining agreement. The act permits either party, within a specified period, to petition the board to review the mediator’s report, and requires the mediator’s report to become the final order of the board, unless the board accepts the petition for review.
This bill would require the board to conduct and complete an expedited study by January 31, 2019, on how to eliminate delays and expedite the implementation of collective bargaining agreements ordered by the board after the completion of the mandatory mediation procedures and would require the board to provide for recommendations and adopt regulations to implement any recommendations by June 1, 2019.

Existing law, the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975, affords agricultural employees the right to self-organization and to form, join, or assist labor organizations.

This bill would state the intent of the Legislature to enact legislation to amend that act to protect the rights of agricultural employees.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1150.5 is added to the Labor Code, to read:

1150.5.
 The board shall conduct and complete an expedited study by January 31, 2019, on how to eliminate delays and expedite the implementation of collective bargaining agreements ordered by the board after the completion of the mandatory mediation and conciliation procedures in Chapter 6.5 (commencing with Section 1164). The board shall provide for recommendations and adopt regulations to implement any recommendations by June 1, 2019.

SECTION 1.

It is the intent of the Legislature to enact legislation to amend the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 (Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code) to protect the rights of agricultural employees.