State issues guidelines on new card-check lawState issues guidelines on new card-check law

On Dec. 28, California's Agricultural Labor Relations Board issued guidance regarding the implementation of Assembly Bill 2183, which makes significant changes to the Agricultural Labor Relations Act. Agricultural employers may now register online to enter into a labor peace compact pursuant to new Labor Code section 1156.35.

A list of employers who have so registered will be made publicly available on the ALRB’s website. The ALRB also has released updated procedural forms applicable to the labor peace and non-labor peace election alternatives adopted in AB 2183, including a form for requesting mail-ballots for a labor peace election. 

As discussed here, Western Growers strongly urges farm employers to not register for "labor peace" status.  Members should seek legal counsel to fully understand the legal obligations of signing the labor peace compact, as registering to enter the compact requires employers to give up important rights such as preventing union organizers from accessing their private property and speaking with their employees about the disadvantages of joining a union.

Labor peace compacts typically remain valid for one year and renew automatically for successive years, unless revoked during the 30-day period before Jan. 1 of the next calendar year.  Once submitted, this agreement may not be revoked except during this annual 30-day period. 

The ALRB website also contains a form for employees and unions to order mail voting kits and petition forms for unions to petition the ALRB for a "labor peace" mail ballot election or a "non-labor peace" card check election.

The AB 2183 guidance, updated forms, and employer labor peace compact registration page are available on the Procedural Forms page on the ALRB’s web site at: https://www.alrb.ca.gov/forms-publications/procedural-forms/

]Jason Resnick is senior vice president and general counsel for Western Growers.]

Source: Western Growers