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AB-3092 Agricultural labor relations: unfair labor practices.(2017-2018)

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Date Published: 02/16/2018 09:00 PM
AB3092:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3092


Introduced by Assembly Member Patterson

February 16, 2018


An act to amend Section 1154 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 3092, as introduced, Patterson. Agricultural labor relations: unfair labor practices.
Existing law establishes the right of agricultural employees to form, join, or assist labor organizations to engage in collective bargaining activities with agricultural employers regarding wages, working conditions, or other aspects of employment. Existing law prohibits a labor organization or its agents from engaging in specified unfair labor practices.
This bill would additionally prohibit a labor organization from abandoning or failing to represent a bargaining unit for 3 or more years. This bill would require the Agricultural Labor Relations Board to decertify a labor organization that violates this provision.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1154 of the Labor Code is amended to read:

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 in the exercise of the rights guaranteed in Section 1152. This paragraph shall not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein.
(2) An agricultural employer in the selection of his representatives for the purposes of collective bargaining or the adjustment of grievances.
(b) To cause or attempt to cause an agricultural employer to discriminate against an employee in violation of subdivision (c) of Section 1153, or to discriminate against an employee with respect to whom membership in such the organization has been denied or terminated for reasons other than failure to satisfy the membership requirements specified in subdivision (c) of Section 1153.
(c) To refuse to bargain collectively in good faith with an agricultural employer, provided it is the employees representative of his employees subject to the provisions of Chapter 5 (commencing with Section 1156) of this part. 1156).
(d) To do either of the following: (i) To engage in, or to induce or encourage any individual employed by any person to engage in, a strike or a refusal in the course of his the individual’s employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities, or to perform any services; or (ii) to threaten, coerce, or restrain any person; where in either case (i) or (ii) an object thereof is any of the following:
(1) Forcing or requiring any employer or self-employed person to join any labor or employer organization or to enter into any agreement which is prohibited by Section 1154.5.
(2) Forcing or requiring any person to cease using, selling, transporting, or otherwise dealing in the products of any other producer, processor, or manufacturer, or to cease doing business with any other person, or forcing or requiring any other employer to recognize or bargain with a labor organization as the employee’s representative of his employees unless such the labor organization has been certified as the representative of such the employees. Nothing contained in this paragraph shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing.
(3) Forcing or requiring any employer to recognize or bargain with a particular labor organization as the employees representative of his agricultural employees if another labor organization has been certified as the representative of such the employees under the provisions of Chapter 5 (commencing with Section 1156) of this part. 1156).
(4) Forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class, unless such the employer is failing to conform to an order or certification of the board determining the bargaining representative for employees performing such the work.
Nothing contained in this subdivision (d) shall be construed to prohibit publicity, including picketing for the purpose of truthfully advising the public, including consumers, that a product or products or ingredients thereof are produced by an agricultural employer with whom the labor organization has a primary dispute and are distributed by another employer, as long as such the publicity does not have an effect of inducing any individual employed by any person other than the primary employer in the course of his the individual’s employment to refuse to pick up, deliver, or transport any goods, or not to perform any services at the establishment of the employer engaged in such the distribution, and as long as such the publicity does not have the effect of requesting the public to cease patronizing such the other employer.
However, publicity which includes picketing and has the effect of requesting the public to cease patronizing such the other employer, shall be permitted only if the labor organization is currently certified as the representative of the primary employer’s employees.
Further, publicity other than picketing, but including peaceful distribution of literature which has the effect of requesting the public to cease patronizing such the other employer, shall be permitted only if the labor organization has not lost an election for the primary employer’s employees within the preceding 12-month period, and no other labor organization is currently certified as the representative of the primary employer’s employees.
Nothing contained in this subdivision (d) shall be construed to prohibit publicity, including picketing, which may not be prohibited under the United States Constitution or the California Constitution.
Nor shall anything in this subdivision (d) be construed to apply or be applicable to any labor organization in its representation of workers who are not agricultural employees. Any such labor organization shall continue to be governed in its intrastate activities for nonagricultural workers by Section 923 and applicable judicial precedents.
(e) To require of employees covered by an agreement authorized under subdivision (c) of Section 1153 the payment, as a condition precedent to becoming a member of such the organization, of a fee in an amount which the board finds excessive or discriminatory under all circumstances. In making such a the finding, the board shall consider, among other relevant factors, the practices and customs of labor organizations in the agriculture industry and the wages currently paid to the employees affected.
(f) To cause or attempt to cause an agricultural employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed.
(g) To picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is either forcing or requiring an employer to recognize or bargain with a labor organization as the representative of his employees, employees’ representative, or forcing or requiring the employees of an employer to accept or select such the labor organization as their collective-bargaining representative, unless such the labor organization is currently certified as the representative of such the employees, in any of the following cases:
(1) Where the employer has lawfully recognized in accordance with this part any other labor organization and a question concerning representation may not appropriately be raised under Section 1156.3.
(2) Where within the preceding 12 months a valid election under Chapter 5 (commencing with Section 1156) of this part has been conducted.
Nothing in this subdivision shall be construed to prohibit any picketing or other publicity for the purpose of truthfully advising the public (including consumers) that an employer does not employ members of, or have a contract with, a labor organization, unless an effect of such the picketing is to induce any individual employed by any other person in the course of his the individual’s employment, not to pick up, deliver, or transport any goods or not to perform any services.
Nothing in this subdivision (g) shall be construed to permit any act which would otherwise be an unfair labor practice under this section.
(h) To picket or cause to be picketed, or threaten to picket or cause to be picketed, any employer where an object thereof is either forcing or requiring an employer to recognize or bargain with the labor organization as a representative of his the employer’s employees unless such the labor organization is currently certified as the collective-bargaining representative of such the employees.
(i) To abandon or fail to represent the bargaining unit for a period of three years or more. The board shall decertify a labor organization that violates this subdivision.

(i)Nothing

Nothing contained in this section shall be construed to make unlawful a refusal by any person to enter upon the premises of any agricultural employer, other than his the person’s own employer, if the employees of such the employer are engaged in a strike ratified or approved by a representative of such the employees whom such the employer is required to recognize under this part.