?Gov. Gavin Newsom recently signed Assembly Bill 113, which enacts changes to the collective bargaining process for agricultural workers in California.
In September 2022, Newsom signed Assembly Bill 2183, which established new ways for farmworkers to vote in a union election under the Agricultural Labor Relations Act (ALRA), including options for mail-in ballots, and authorization cards submitted to the California Agricultural Labor Relations Board, in addition to the existing in-person voting process.
AB 2183 also imposes civil penalties on agricultural employers that are found to have committed unfair labor practices of up to $10,000 for each violation and up to $25,000 for cases where the employee suffers “serious economic harm.” Significantly, the legislation allows the board to impose personal liability on directors and officers of the employer. In addition, AB 2183 requires employers to post an appeal bond in cases where an employer seeks to appeal an order of the board involving monetary awards or economic benefits to employees or unions.
At the time of signing AB 2183, Newsom, the United Farm Workers, and the California Labor Federation agreed on clarifying language to be made to the enacted law. AB 113 implements the provisions of that agreement.
AB 113 makes the following changes to the collective bargaining process:
- Eliminates the option to conduct union elections using mail-in ballots.
- Retains the option to conduct union elections via card-check system, also referred to as the “the Majority Support Petition.”
- Limits the number of card-check elections that result in the certification of labor organizations to 75 certifications.
Under the bill, these changes would sunset on Jan. 1, 2028, and at that time the card-check elections will no longer be an available option for union elections.
AB 113 took effect immediately as a budget bill.
Jonathan A. Siegel and Allen F. Acosta are attorneys with Jackson Lewis in Irvine, Calif. © 2023. All rights reserved. Reprinted with permission.
