BILL ANALYSIS Ó
SB 104
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SENATE THIRD READING
SB 104 (Steinberg)
As Introduced January 12, 2011
Majority vote
SENATE VOTE :24-14
LABOR & EMPLOYMENT 5-1 APPROPRIATIONS 12-3
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|Ayes:|Swanson, Alejo, Allen, |Ayes:|Fuentes, Blumenfield, |
| |Furutani, Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Morrell |Nays:|Harkey, Donnelly, Nielsen |
| | | | |
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SUMMARY : Authorizes agricultural employees to select collective
bargaining representation through a specified "majority signup
election" process, in addition to the existing representation
election process provided for under current law. Specifically,
this bill :
1)Creates an alternative procedure to the secret ballot
election-the majority signup election-which would allow
employees of a bargaining unit to select their representative
for collective bargaining by submitting a petition that
alleges the following:
a) That the number of agricultural employees currently
employed by the employer is not less than 50% of the
employer's peak agricultural employment for the current
calendar year;
b) That no valid election has been conducted within the
previous 12 months;
c) That no labor organization is currently certified as the
exclusive representative of the agricultural employees
named in the petition; and,
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d) That the petition is not barred by an existing
collective bargaining agreement.
2)Requires that the petition must be accompanied with
representation cards signed by more than 50% of the currently
employed employees in the bargaining unit.
3)Specifies the content of representation cards used and
requires the Agricultural Labor Relations Board (ALRB), upon
request of a labor organization, to issue standardized
representation cards for use with a petition for "majority
signup election."
4)Requires the ALRB to keep the information on the cards
confidential.
5)Requires a labor organization submitting a petition for a
"majority signup election" to personally serve the petition on
the employer the same day that the petition is filed with the
ALRB.
6)Requires the employer, within 48 hours after the petition is
served, to file with ALRB its response to the petition,
including a complete and accurate list of all employees in the
bargaining unit.
7)Requires the ALRB to assess a fine of up to $10,000 for each
day an employer fails to provide a complete and timely
response.
8)Requires the ALRB, upon receipt of a petition for "majority
signup election," to immediately commence an investigation.
Within five days of receipt of the petition, the ALRB shall
make an administrative determination whether the petition
requirements have been met and the labor organization has
submitted the requisite number of representation cards by
comparing the names on the cards to the names on the list
submitted by the employer.
9)Specifies that if the ALRB determines that the labor
organization has submitted the requisite number of
representation cards and met other requirements, it shall
immediately certify the labor organization as the exclusive
bargaining representative. If the ALRB determines that the
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labor organization has not submitted the requisite number of
cards, it shall grant the labor organization 30 days to submit
additional representation cards.
10)States that an employer's duty to bargain with the labor
organization begins immediately after the labor organization
is certified.
11)Authorizes any person, within five days after ALRB certifies
a labor organization, to submit an objection to the
certification on one or more of the following grounds:
a) Allegations in the majority signup petition were
false;
b) The ALRB improperly determined the geographical
scope of the bargaining unit;
c) The "majority signup election" was conducted
improperly; or,
d) Improper conduct affected the results of the
"majority signup election."
12)Requires the ALRB to conduct a hearing upon an objection
petition and, if it determines that any of the above
allegations are true, to revoke the certification of the labor
organization.
13)Provides that if the ALRB finds that an employer has
willfully or repeatedly committed specified unfair labor
practices, it may impose a civil penalty of up to $20,000 for
each violation.
14)Adds specified unfair labor practice charges to the list of
charges to which the ALRB must give priority over all other
cases, except cases of a similar character.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs to conduct a majority signup election process
will likely be minor and absorbable. While the majority signup
process is expected to decrease costs, there is the potential
for increased costs due to determining the validity of
representation cards. In addition, there is potential revenue
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from the levying of the $20,000 civil penalty for unfair labor
practices.
COMMENTS : This bill is sponsored by the United Farm Workers
(UFW), who argues that it will allow a majority of farm workers
to choose a representative union by either a secret ballot
election or a "majority signup" process, both to be controlled
and overseen by the ALRB.
Proponents note that farm workers are an unusually vulnerable
workforce demographic in California. Many farm workers are
undocumented workers and have few rights due to recent court
decisions. Proponents also state that many farm workers work in
isolated areas, making inspections for labor regulations
difficult. Proponents argue that these conditions present a
strong need for collective bargaining and a union presence, but
this has been blocked by employers through coercion, anti-union
pamphlets, and captive audience meetings that prevent fair
elections from taking place. Proponents believe that majority
choice elections will allow California's farm workers to truly
and freely choose the best options for their livelihood and
their families' livelihood.
Opponents argue that existing law gives labor organizations many
rights, including the ability for labor organizations to enter a
farmer's property, and that existing remedies available to the
ALRB are sufficient. They also feel that majority choice
elections are not real elections, are fundamentally
undemocratic, open workers up to intimidation from unions in
their homes, and that they deprive farm workers of a proper
debate regarding the pros and cons of union representation.
Opponents also state that the provisions for increased civil
penalties are excessive, possibly unconstitutional, and an undue
burden on business.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000265
SB 104
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