Bill Text: CA SB1474 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Labor representatives: elections.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Vetoed) 2010-09-30 - In Senate. To unfinished business. (Veto) [SB1474 Detail]

Download: California-2009-SB1474-Amended.html

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BILL NUMBER: SB 1474	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 5, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010

INTRODUCED BY   Senators Steinberg and Wright
    (   Coauthor:   Assembly Member  
Solorio   ) 

                        FEBRUARY 19, 2010

   An act to amend Section 1156.3 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1474, as amended, Steinberg. Labor representatives: elections.
   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 for a
secret ballot election for employees in agricultural bargaining
units, as defined, to select labor organizations to represent them
for collective bargaining purposes.
   This bill would authorize the Agricultural Labor Relations Board,
under specified circumstances, to set aside an election where there
has been misconduct by the employer affecting the right of the
employees to vote and to certify a labor organization as the
exclusive bargaining representative for a bargaining unit if the
organization had previously presented the board with authorization
cards signed by more than 50% of the employees in that bargaining
unit.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of Legislature to provide the
Agricultural Labor Relations Board, in addition to existing law and
standards, with an alternative basis to set aside an election and a
remedy for misconduct affecting the right of employees to a free and
uncoerced choice in a secret ballot election.
  SEC. 2.  Section 1156.3 of the Labor Code is amended to read:
   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, may be filed by an
agricultural employee or group of agricultural employees, or any
individual or labor organization acting on behalf of those
agricultural employees, in accordance with any rules and regulations
prescribed by the board. The petition shall allege all of the
following:
   (1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from the
employer's payroll immediately preceding the filing of the petition,
is not less than 50 percent of the employer's peak agricultural
employment for the current calendar year.
   (2) That no valid election pursuant to this section has been
conducted among the agricultural employees of the employer named in
the petition within the 12 months immediately preceding the filing of
the petition.
   (3) That no labor organization is currently certified as the
exclusive collective-bargaining representative of the agricultural
employees of the employer named in the petition.
   (4) That the petition is not barred by an existing
collective-bargaining agreement.
   (b) Upon receipt of a signed petition, as described in subdivision
(a), the board shall immediately investigate the petition. If the
board has reasonable cause to believe that a bona fide question of
representation exists, it shall direct a representation election by
secret ballot to be held, upon due notice to all interested parties
and within a maximum of seven days of the filing of the petition. If,
at the time the election petition is filed, a majority of the
employees in a bargaining unit are engaged in a strike, the board
shall, with all due diligence, attempt to hold a secret ballot
election within 48 hours of the filing of the petition. The holding
of elections under strike circumstances shall take precedence over
the holding of other secret ballot elections.
   (c) The board shall make available at any election held under this
chapter ballots printed in English and Spanish. The board may also
make available at the election ballots printed in any other language
as may be requested by an agricultural labor organization or any
agricultural employee eligible to vote under this part. Every
election ballot, except ballots in runoff elections where the choice
is between labor organizations, shall provide the employee with the
opportunity to vote against representation by a labor organization by
providing an appropriate space designated "No Labor Organizations."
   (d) Any other labor organization shall be qualified to appear on
the ballot if it presents authorization cards signed by at least 20
percent of the employees in the bargaining unit at least 24 hours
prior to the election.
   (e) (1) Within five days after an election, any person may file
with the board a signed petition asserting that allegations made in
the petition filed pursuant to subdivision (a) were incorrect,
asserting that the board improperly determined the geographical scope
of the bargaining unit, or objecting to the conduct of the election
or conduct affecting the results of the election.
   (2) Upon receipt of a petition under this subdivision, the board,
upon due notice, shall conduct a hearing to determine whether the
election shall be certified. This hearing may be conducted by an
officer or employee of a regional office of the board. The officer
shall not make any recommendations with respect to the certification
of the election. The board may refuse to certify the election if it
finds, on the record of the hearing, that any of the assertions made
in the petition filed pursuant to this subdivision are correct, that
the election was not conducted properly, that misconduct affecting
the results of the election occurred, or that the employer engaged in
misconduct affecting the right of employees to a free and uncoerced
choice in a secret ballot election. The board shall certify the
election unless it determines that there are sufficient grounds to
refuse to do so.
   (3) The board shall not refuse to certify an election based solely
on a de minimis violation of the law.
   (4) Notwithstanding any other provision of law, if an election has
been set aside pursuant to this section because of employer
misconduct, a labor organization shall be certified as the exclusive
bargaining representative for a bargaining unit if that labor
organization has already presented the board with authorization
cards, determined by the board to be valid, signed by more than 50
percent of the employees in the bargaining unit.
   (f) If the petition filed under this subdivision involves a
bargaining unit having no current certified bargaining
representative, the board shall issue a final order on the matter
within  three months   one year  after the
petition is filed.
   (g) If no petition is filed pursuant to subdivision (e) within
five days of the election, the board shall certify the election.
   (h) The board shall decertify a labor organization if either of
the following occur:
   (1) The Department of Fair Employment and Housing finds that the
labor organization engaged in discrimination on any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, except as otherwise provided in Section 12940 of the Government
Code.
   (2) The United States Equal Employment Opportunity Commission
finds, pursuant to Section 2000e-5 of Title 42 of the United States
Code, that the labor organization engaged in discrimination on the
basis of race, color, national origin, religion, sex, or any other
arbitrary or invidious classification in violation of Subchapter VI
of Chapter 21 of Title 42 of the United States Code during the period
of the labor organization's present certification.