| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1409Introduced by Senator GroveFebruary 18, 2022 An act to add Chapter 9 (commencing with Section 1167) to Part 3.5 of, and to repeal Part 3.5 of, Division 2 of the Labor Code, relating to labor relations.LEGISLATIVE COUNSEL'S DIGESTSB 1409, as introduced, Grove. Agricultural Labor Relations Board: abolishment of the board: appropriation of funds.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 creates the Agricultural Labor Relations Board in the Labor and Workforce Development Agency and provides the board specified powers and responsibilities with regard to agricultural labor disputes and representation elections.This bill would repeal the provisions of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 on January 1, 2025. The bill would express the intent of the Legislature to enact legislation in the year 2023 that would, among other objectives, abolish the board, encourage and protect the associational rights of agricultural employees, and appropriate specified funds for the development, improvement, and maintenance of farmworker housing. By July 1, 2023, the bill would require the board to submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives of the legislation in the year 2023 described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 9 (commencing with Section 1167) is added to Part 3.5 of Division 2 of the Labor Code, to read: CHAPTER 9. Abolishment of the Agricultural Labor Relations Board 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed.1167.1. The Legislature finds and declares all of the following:(a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error.(b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following:(1) Encourage and protect the associational rights of agricultural employees.(2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer.(3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated.(c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing.1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1409Introduced by Senator GroveFebruary 18, 2022 An act to add Chapter 9 (commencing with Section 1167) to Part 3.5 of, and to repeal Part 3.5 of, Division 2 of the Labor Code, relating to labor relations.LEGISLATIVE COUNSEL'S DIGESTSB 1409, as introduced, Grove. Agricultural Labor Relations Board: abolishment of the board: appropriation of funds.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 creates the Agricultural Labor Relations Board in the Labor and Workforce Development Agency and provides the board specified powers and responsibilities with regard to agricultural labor disputes and representation elections.This bill would repeal the provisions of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 on January 1, 2025. The bill would express the intent of the Legislature to enact legislation in the year 2023 that would, among other objectives, abolish the board, encourage and protect the associational rights of agricultural employees, and appropriate specified funds for the development, improvement, and maintenance of farmworker housing. By July 1, 2023, the bill would require the board to submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives of the legislation in the year 2023 described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1409 |
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| 15 | 15 | | Introduced by Senator GroveFebruary 18, 2022 |
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| 17 | 17 | | Introduced by Senator Grove |
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| 18 | 18 | | February 18, 2022 |
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| 20 | 20 | | An act to add Chapter 9 (commencing with Section 1167) to Part 3.5 of, and to repeal Part 3.5 of, Division 2 of the Labor Code, relating to labor relations. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1409, as introduced, Grove. Agricultural Labor Relations Board: abolishment of the board: appropriation of funds. |
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| 27 | 27 | | |
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| 28 | 28 | | 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 creates the Agricultural Labor Relations Board in the Labor and Workforce Development Agency and provides the board specified powers and responsibilities with regard to agricultural labor disputes and representation elections.This bill would repeal the provisions of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 on January 1, 2025. The bill would express the intent of the Legislature to enact legislation in the year 2023 that would, among other objectives, abolish the board, encourage and protect the associational rights of agricultural employees, and appropriate specified funds for the development, improvement, and maintenance of farmworker housing. By July 1, 2023, the bill would require the board to submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives of the legislation in the year 2023 described above. |
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| 30 | 30 | | 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 creates the Agricultural Labor Relations Board in the Labor and Workforce Development Agency and provides the board specified powers and responsibilities with regard to agricultural labor disputes and representation elections. |
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| 32 | 32 | | This bill would repeal the provisions of the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975 on January 1, 2025. The bill would express the intent of the Legislature to enact legislation in the year 2023 that would, among other objectives, abolish the board, encourage and protect the associational rights of agricultural employees, and appropriate specified funds for the development, improvement, and maintenance of farmworker housing. By July 1, 2023, the bill would require the board to submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives of the legislation in the year 2023 described above. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Chapter 9 (commencing with Section 1167) is added to Part 3.5 of Division 2 of the Labor Code, to read: CHAPTER 9. Abolishment of the Agricultural Labor Relations Board 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed.1167.1. The Legislature finds and declares all of the following:(a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error.(b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following:(1) Encourage and protect the associational rights of agricultural employees.(2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer.(3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated.(c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing.1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Chapter 9 (commencing with Section 1167) is added to Part 3.5 of Division 2 of the Labor Code, to read: CHAPTER 9. Abolishment of the Agricultural Labor Relations Board 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed.1167.1. The Legislature finds and declares all of the following:(a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error.(b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following:(1) Encourage and protect the associational rights of agricultural employees.(2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer.(3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated.(c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing.1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 46 | 46 | | SECTION 1. Chapter 9 (commencing with Section 1167) is added to Part 3.5 of Division 2 of the Labor Code, to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | CHAPTER 9. Abolishment of the Agricultural Labor Relations Board 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed.1167.1. The Legislature finds and declares all of the following:(a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error.(b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following:(1) Encourage and protect the associational rights of agricultural employees.(2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer.(3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated.(c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing.1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 52 | 52 | | CHAPTER 9. Abolishment of the Agricultural Labor Relations Board 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed.1167.1. The Legislature finds and declares all of the following:(a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error.(b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following:(1) Encourage and protect the associational rights of agricultural employees.(2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer.(3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated.(c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing.1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 54 | 54 | | CHAPTER 9. Abolishment of the Agricultural Labor Relations Board |
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| 56 | 56 | | CHAPTER 9. Abolishment of the Agricultural Labor Relations Board |
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| 58 | 58 | | 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed. |
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| 62 | 62 | | 1167. This part shall remain in effect until January 1, 2025, and as of that date is repealed. |
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| 64 | 64 | | 1167.1. The Legislature finds and declares all of the following:(a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error.(b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following:(1) Encourage and protect the associational rights of agricultural employees.(2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer.(3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated.(c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing. |
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| 68 | 68 | | 1167.1. The Legislature finds and declares all of the following: |
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| 70 | 70 | | (a) According to a 2020 national employment survey from the United State Bureau of Labor Statistics, the percentage of California farmworkers who belong to a union is statistically zero, which means that there are so few active members they fall within the margin of error. |
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| 72 | 72 | | (b) Therefore, it is the intent of the Legislature to enact legislation in the year 2023 that would abolish the board and amend or replace the provisions of this part to achieve all of the following: |
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| 74 | 74 | | (1) Encourage and protect the associational rights of agricultural employees. |
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| 76 | 76 | | (2) Ensure secret ballot elections are conducted so that farmworkers in California may decide whether to have a union represent them in collective bargaining with their employer. |
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| 78 | 78 | | (3) Ensure unfair labor practice disputes are investigated, prosecuted, and adjudicated. |
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| 80 | 80 | | (c) After enacting legislation to abolish the board, it is the intent of the Legislature to subsequently enact legislation in the year 2023 that would appropriate an amount of funds appropriated to the board in the year 2022 to support the development, improvement, and maintenance of farmworker housing. |
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| 82 | 82 | | 1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1.(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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| 86 | 86 | | 1167.2. (a) By July 1, 2023, the board shall submit to the Legislature a report detailing a process for its abolishment that includes recommendations for subsequent legislation to achieve the objectives described in Section 1167.1. |
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| 88 | 88 | | (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. |
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