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1140.  This part shall be known and may be referred to as the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975.


1140.2.  It is hereby stated to be the policy of the State of
California to encourage and protect the right of agricultural
employees to full freedom of association, self-organization, and
designation of representatives of their own choosing, to negotiate
the terms and conditions of their employment, and to be free from the
interference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection.  For this
purpose this part is adopted to provide for collective-bargaining
rights for agricultural employees.



1140.4.  As used in this part:
   (a) The term "agriculture" includes farming in all its branches,
and, among other things, includes the cultivation and tillage of the
soil, dairying, the production, cultivation, growing, and harvesting
of any agricultural or horticultural commodities (including
commodities defined as agricultural commodities in Section 1141j(g)
of Title 12 of the United States Code), the raising of livestock,
bees, furbearing animals, or poultry, and any practices (including
any forestry or lumbering operations) performed by a farmer or on a
farm as an incident to or in conjunction with such farming
operations, including preparation for market and delivery to storage
or to market or to carriers for transportation to market.
   (b) The term "agricultural employee" or "employee" shall mean one
engaged in agriculture, as such term is defined in subdivision (a).
However, nothing in this subdivision shall be construed to include
any person other than those employees excluded from the coverage of
the National Labor Relations Act, as amended, as agricultural
employees, pursuant to Section 2(3) of the Labor Management Relations
Act (Section 152(3), Title 29, United States Code), and Section 3(f)
of the Fair Labor Standards Act (Section 203(f), Title 29, United
States Code).
   Further, nothing in this part shall apply, or be construed to
apply, to any employee who performs work to be done at the site of
the construction, alteration, painting, or repair of a building,
structure, or other work (as these terms have been construed under
Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec.
158(e)) or logging or timber-clearing operations in initial
preparation of land for farming, or who does land leveling or only
land surveying for any of the above.
   As used in this subdivision, "land leveling" shall include only
major land moving operations changing the contour of the land, but
shall not include annual or seasonal tillage or preparation of land
for cultivation.
   (c) The term "agricultural employer" shall be liberally construed
to include any person acting directly or indirectly in the interest
of an employer in relation to an agricultural employee, any
individual grower, corporate grower, cooperative grower, harvesting
association, hiring association, land management group, any
association of persons or cooperatives engaged in agriculture, and
shall include any person who owns or leases or manages land used for
agricultural purposes, but shall exclude any person supplying
agricultural workers to an employer, any farm labor contractor as
defined by Section 1682, and any person functioning in the capacity
of a labor contractor.  The employer engaging such labor contractor
or person shall be deemed the employer for all purposes under this
part.
   (d) The term "person" shall mean one or more individuals,
corporations, partnerships, limited liability companies,
associations, legal representatives, trustees in bankruptcy,
receivers, or any other legal entity, employer, or labor organization
having an interest in the outcome of a proceeding under this part.
   (e) The term "representatives" includes any individual or labor
organization.
   (f) The term "labor organization" means any organization of any
kind, or any agency or employee representation committee or plan, in
which employees participate and which exists, in whole or in part,
for the purpose of dealing with employers concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
conditions of work for agricultural employees.
   (g) The term "unfair labor practice" means any unfair labor
practice specified in Chapter 4 (commencing with Section 1153) of
this part.
   (h) The term "labor dispute" includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the
association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.
   (i) The term "board" means Agricultural Labor Relations Board.
   (j) The term "supervisor" means any individual having the
authority, in the interest of the employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline other employees, or the responsibility to direct them, or
to adjust their grievances, or effectively to recommend such action,
if, in connection with the foregoing, the exercise of such authority
is not of a merely routine or clerical nature, but requires the use
of independent judgment.

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1141.  (a) There is hereby created in the Labor and Workforce
Development Agency the Agricultural Labor Relations Board, which
shall consist of five members.
   (b) The members of the board shall be appointed by the Governor
with the advice and consent of the Senate.  The term of office of the
members shall be five years, and the terms shall be staggered at
one-year intervals.  Upon the initial appointment, one member shall
be appointed for a term ending January 1, 1977, one member shall be
appointed for a term ending January 1, 1978, one member shall be
appointed for a term ending January 1, 1979, one member shall be
appointed for a term ending January 1, 1980, and one member shall be
appointed for a term ending January 1, 1981.  Any individual
appointed to fill a vacancy of any member shall be appointed only for
the unexpired term of the member to whose term he or she is
succeeding.  The Governor shall designate one member to serve as
chairperson of the board.  Any member of the board may be removed by
the Governor, upon notice and hearing, for neglect of duty or
malfeasance in office, but for no other cause.



1142.  (a) The principal office of the board shall be in Sacramento,
but it may meet and exercise any or all of its power at any other
place in California.
   (b) Besides the principal office in Sacramento, as provided in
subdivision (a), the board may establish offices in such other cities
as it shall deem necessary.  The board may delegate to the personnel
of these offices such powers as it deems appropriate to determine
the unit appropriate for the purpose of collective bargaining, to
investigate and provide for hearings, to determine whether a question
of representation exists, to direct an election by a secret ballot
pursuant to the provisions of Chapter 5 (commencing with Section
1156), and to certify the results of such election, and to
investigate, conduct hearings and make determinations relating to
unfair labor practices.  The board may review any action taken
pursuant to the authority delegated under this section upon a request
for a review of such action filed with the board by an interested
party.  Any such review made by the board shall not, unless
specifically ordered by the board, operate as a stay of any action
taken.  The entire record considered by the board in considering or
acting upon any such request or review shall be made available to all
parties prior to such consideration or action, and the board's
findings and action thereon shall be published as a decision of the
board.


1142.5.  (a) The board shall maintain, at its principal office, a
telephone line 24 hours a day, seven days a week, for the purpose of
providing interested persons with information concerning their rights
and responsibilities under this part, or for referring such persons
to the appropriate agency or entity with the capacity to render
advice or help in dealing with any situation arising out of
agricultural labor disputes.
   In order to carry out its responsibilities pursuant to this
subdivision, the board may contract with an answering service to
receive telephone messages during periods of time that its principal
office is normally not open for business. Such messages shall be
transmitted to the board on the board's next business day, or at such
earlier time as the board specifies, or to its designated
representative at the earliest possible time.
   (b) Whenever a petition for an election has been filed in a
bargaining unit in which a majority of the employees are engaged in a
strike, the necessary and appropriate services of the board in the
region in which the election will be held shall be available to the
parties involved 24 hours a day until the election is held.



1143.  The board shall, at the close of each fiscal year, make a
report in writing to the Legislature and to the Governor stating in
detail the cases it has heard, the decisions it has rendered, the
names, salaries, and duties of all employees and officers in the
employ or under the supervision of the board, and an account of all
moneys it has disbursed.



1144.  The board may from time to time make, amend, and rescind, in
the manner prescribed in Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, such rules
and regulations as may be necessary to carry out this part.



1144.5.  (a) Notwithstanding Section 11425.10 of the Government
Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to a
hearing by the board under this part, except a hearing to determine
an unfair labor practice charge.
   (b) Notwithstanding Sections 11425.30 and 11430.10 of the
Government Code, in a hearing to determine an unfair labor practice
charge, a person who has participated in a determination of probable
cause, injunctive or other pre-hearing relief, or other equivalent
preliminary determination in an adjudicative proceeding may serve as
presiding officer or as a supervisor of the presiding officer or may
assist or advise the presiding officer in the same proceeding.



1145.  The board may appoint an executive secretary and such
attorneys, hearing officers, administrative law officers, and other
employees as it may from time to time find necessary for the proper
performance of its duties.  Attorneys appointed pursuant to this
section may, at the discretion of the board, appear for and represent
the board in any case in court.  All employees appointed by the
board shall perform their duties in an objective and impartial manner
without prejudice toward any party subject to the jurisdiction of
the board.


1146.  The board is authorized to delegate to any group of three or
more board members any or all the powers which it may itself
exercise.  A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the board, and three
members shall at all times constitute a quorum.  A vacancy shall be
filled in the same manner as an original appointment.



1147.  Each member of the board shall receive the salary provided
for by Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code.



1148.  The board shall follow applicable precedents of the National
Labor Relations Act, as amended.



1149.  There shall be a general counsel of the board who shall be
appointed by the Governor, subject to confirmation by a majority of
the Senate, for a term of four years.  The general counsel shall have
the power to appoint such attorneys, administrative assistants, and
other employees as necessary for the proper exercise of his duties.
The general counsel of the board shall exercise general supervision
over all attorneys employed by the board (other than administrative
law officers and legal assistants to board members), and over the
officers and employees in the regional offices.  He shall have final
authority, on behalf of the board, with respect to the investigation
of charges and issuance of complaints under Chapter 6 (commencing
with Section 1160) of this part, and with respect to the prosecution
of such complaints before the board.  He shall have such other duties
as the board may prescribe or as may be provided by law.  All
employees appointed by the general counsel shall perform their duties
in an objective and impartial manner without prejudice toward any
party subject to the jurisdiction of the board.  In case of a vacancy
in the office of the general counsel, the Governor is authorized to
designate the officer or employee who shall act as general counsel
during such vacancy, but no person or persons so designated shall so
act either (1) for more than 40 days when the Legislature is in
session unless a nomination to fill such vacancy shall have been
submitted to the Senate, or (2) after the adjournment sine die of the
session of the Senate in which such nomination was submitted.




1150.  Each member of the board and the general counsel of the board
shall be eligible for reappointment, and shall not engage in any
other business, vocation, or employment.

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1151.  For the purpose of all hearings and investigations, which, in
the opinion of the board, are necessary and proper for the exercise
of the powers vested in it by Chapters 5 (commencing with Section
1156) and 6 (commencing with Section 1160) of this part:
   (a) The board, or its duly authorized agents or agencies, shall at
all reasonable times have access to, for the purpose of examination,
and the right to copy, any evidence of any person being investigated
or proceeded against that relates to any matter under investigation
or in question.  The members of the board or their designees or their
duly authorized agents shall have the right of free access to all
places of labor.  The board, or any member thereof, shall upon
application of any party to such proceedings, forthwith issue to such
party subpoenas requiring the attendance and testimony of witnesses
or the production of any evidence in such proceeding or investigation
requested in such application.  Within five days after the service
of a subpoena on any person requiring the production of any evidence
in his possession or under his control, such person may petition the
board to revoke, and the board shall revoke, such subpoena if in its
opinion the evidence whose production is required does not relate to
any matter under investigation, or any matter in question in such
proceedings, or if in its opinion such subpoena does not describe
with sufficient particularity the evidence whose production is
required.  Any member of the board, or any agent or agency designated
by the board for such purposes, may administer oaths and
affirmations, examine witnesses, and receive evidence.  Such
attendance of witnesses and the production of such evidence may be
required from any place in the state at any designated place of
hearing.
   (b) In case of contumacy or refusal to obey a subpoena issued to
any person, any superior court in any county within the jurisdiction
of which the inquiry is carried on, or within the jurisdiction of
which such person allegedly guilty of contumacy or refusal to obey is
found or resides or transacts business, shall, upon application by
the board, have jurisdiction to issue to such person an order
requiring such person to appear before the board, its member, agent,
or agency, there to produce evidence if so ordered, or there to give
testimony touching the matter under investigation or in question.
Any failure to obey such order of the court may be punished by such
court as a contempt thereof.



1151.2.  (a) No person shall be excused from attending and
testifying, or from producing books, records, correspondence,
documents, or other evidence in obedience to the subpoena of the
board, on the ground that the testimony or evidence required of him
may tend to incriminate him or subject him to a penalty or
forfeiture.  However, no individual shall be prosecuted or subjected
to any penalty or forfeiture for or on account of any transaction,
matter, or thing concerning which he is compelled, after having
claimed his privilege against self-incrimination, to testify or
produce evidence, except that such individual so testifying shall not
be exempt from prosecution and punishment for perjury committed in
so testifying.
   (b) No individual shall be granted immunity pursuant to
subdivision (a) unless, at least 10 calendar days prior thereto, the
board has given written notice, by registered mail, to the district
attorney of each county who may have reasonable grounds for objecting
to such grant of immunity.  Such notice shall specify the subject
matter of the inquiries to which the witness' answers are to be
immunized from use.
   The board may not grant immunity in any case where it finds that a
district attorney has reasonable grounds for objecting to such grant
of immunity provided that the board may disregard objections that
are not accompanied by the declaration of the district attorney that
he or she is familiar with the notice and which sets forth the
grounds for resisting such grant of immunity.



1151.3.  Any party shall have the right to appear at any hearing in
person, by counsel, or by other representative.



1151.4.  (a) Complaints, orders, and other process and papers of the
board, its members, agents, or agency, may be served either
personally or by registered mail or by telegraph, or by leaving a
copy thereof at the principal office or place of business of the
person required to be served.  The verified return by the individual
so serving the same setting forth the manner of such service shall be
proof of the same, and the return post office receipt or telegraph
receipt therefor when registered and mailed or telegraphed as
provided in this subdivision shall be proof of service of the same.
Witnesses summoned before the board, its members, agents, or agency,
shall be paid the same fees and mileage that are paid witnesses in
the courts of the state, and witnesses whose depositions are taken
and the persons taking the same shall severally be entitled to the
same fees as are paid for like services in the courts of the state.
   (b) All process of any court to which application may be made
under this part may be served in the county where the defendant or
other person required to be served resides or may be found.




1151.5.  The several departments and agencies of the state upon
request by the board, shall furnish the board all records, papers,
and information in their possession, not otherwise privileged,
relating to any matter before the board.


1151.6.  Any person who shall willfully resist, prevent, impede, or
interfere with any member of the board or any of its agents or
agencies in the performance of duties pursuant to this part shall be
guilty of a misdemeanor, and shall be punished by a fine of not more
than five thousand ($5,000) dollars.

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1152.  Employees shall have the right to self-organization, to form,
join, or assist labor organizations, to bargain collectively through
representatives of their own choosing, and to engage in other
concerted activities for the purpose of collective bargaining or
other mutual aid or protection, and shall also have the right to
refrain from any or all of such activities except to the extent that
such right may be affected by an agreement requiring membership in a
labor organization as a condition of continued employment as
authorized in subdivision (c) of Section 1153.

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1153.  It shall be an unfair labor practice for an agricultural
employer to do any of the following:
   (a) To interfere with, restrain, or coerce agricultural employees
in the exercise of the rights guaranteed in Section 1152.
   (b) To dominate or interfere with the formation or administration
of any labor organization or contribute financial or other support to
it.  However, subject to such rules and regulations as may be made
and published by the board pursuant to Section 1144, an agricultural
employer shall not be prohibited from permitting agricultural
employees to confer with him during working hours without loss of
time or pay.
   (c) By discrimination in regard to the hiring or tenure of
employment, or any term or condition of employment, to encourage or
discourage membership in any labor organization.
   Nothing in this part, or in any other statute of this state, shall
preclude an agricultural employer from making an agreement with a
labor organization (not established, maintained, or assisted by any
action defined in this section as an unfair labor practice) to
require as a condition of employment, membership therein on or after
the fifth day following the beginning of such employment, or the
effective date of such agreement whichever is later, if such labor
organization is the representative of the agricultural employees as
provided in Section 1156 in the appropriate collective-bargaining
unit covered by such agreement.  No employee who has been required to
pay dues to a labor organization by virtue of his employment as an
agricultural worker during any calendar month, shall be required to
pay dues to another labor organization by virtue of similar
employment during such month. For purposes of this chapter,
membership shall mean the satisfaction of all reasonable terms and
conditions uniformly applicable to other members in good standing;
provided, that such membership shall not be denied or terminated
except in compliance with a constitution or bylaws which afford full
and fair rights to speech, assembly, and equal voting and membership
privileges for all members, and which contain adequate procedures to
assure due process to members and applicants for membership.
   (d) To discharge or otherwise discriminate against an agricultural
employee because he has filed charges or given testimony under this
part.
   (e) To refuse to bargain collectively in good faith with labor
organizations certified pursuant to the provisions of Chapter 5
(commencing with Section 1156) of this part.
   (f) To recognize, bargain with, or sign a collective-bargaining
agreement with any labor organization not certified pursuant to the
provisions of this part.


1154.  It shall be an unfair labor practice for a labor organization
or its agents to do any of the following:
   (a) To restrain or coerce:
   (1) Agricultural employees in the exercise of the rights
guaranteed in Section 1152. This paragraph shall not impair the right
of a labor organization to prescribe its own rules with respect to
the acquisition or retention of membership therein.
   (2) An agricultural employer in the selection of his
representatives for the purposes of collective bargaining or the
adjustment of grievances.
   (b) To cause or attempt to cause an agricultural employer to
discriminate against an employee in violation of subdivision (c) of
Section 1153, or to discriminate against an employee with respect to
whom membership in such organization has been denied or terminated
for reasons other than failure to satisfy the membership requirements
specified in subdivision (c) of Section 1153.
   (c) To refuse to bargain collectively in good faith with an
agricultural employer, provided it is the representative of his
employees subject to the provisions of Chapter 5 (commencing with
Section 1156) of this part.
   (d) To do either of the following: (i) To engage in, or to induce
or encourage any individual employed by any person to engage in, a
strike or a refusal in the course of his employment to use,
manufacture, process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities, or to perform any
services; or (ii) to threaten, coerce, or restrain any person; where
in either case (i) or (ii) an object thereof is any of the following:

   (1) Forcing or requiring any employer or self-employed person to
join any labor or employer organization or to enter into any
agreement which is prohibited by Section 1154.5.
   (2) Forcing or requiring any person to cease using, selling,
transporting, or otherwise dealing in the products of any other
producer, processor, or manufacturer, or to cease doing business with
any other person, or forcing or requiring any other employer to
recognize or bargain with a labor organization as the representative
of his employees unless such labor organization has been certified as
the representative of such employees. Nothing contained in this
paragraph shall be construed to make unlawful, where not otherwise
unlawful, any primary strike or primary picketing.
   (3) Forcing or requiring any employer to recognize or bargain with
a particular labor organization as the representative of his
agricultural employees if another labor organization has been
certified as the representative of such employees under the
provisions of Chapter 5 (commencing with Section 1156) of this part.

   (4) Forcing or requiring any employer to assign particular work to
employees in a particular labor organization or in a particular
trade, craft, or class, unless such employer is failing to conform to
an order or certification of the board determining the bargaining
representative for employees performing such work.
   Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing for the purpose of truthfully
advising the public, including consumers, that a product or products
or ingredients thereof are produced by an agricultural employer with
whom the labor organization has a primary dispute and are
distributed by another employer, as long as such publicity does not
have an effect of inducing any individual employed by any person
other than the primary employer in the course of his employment to
refuse to pick up, deliver, or transport any goods, or not to perform
any services at the establishment of the employer engaged in such
distribution, and as long as such publicity does not have the effect
of requesting the public to cease patronizing such other employer.
   However, publicity which includes picketing and has the effect of
requesting the public to cease patronizing such other employer, shall
be permitted only if the labor organization is currently certified
as the representative of the primary employer's employees.
   Further, publicity other than picketing, but including peaceful
distribution of literature which has the effect of requesting the
public to cease patronizing such other employer, shall be permitted
only if the labor organization has not lost an election for the
primary employer's employees within the preceding 12-month period,
and no other labor organization is currently certified as the
representative of the primary employer's employees.
   Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing, which may not be prohibited
under the United States Constitution or the California Constitution.

   Nor shall anything in this subdivision (d) be construed to apply
or be applicable to any labor organization in its representation of
workers who are not agricultural employees.  Any such labor
organization shall continue to be governed in its intrastate
activities for nonagricultural workers by Section 923 and applicable
judicial precedents.
   (e) To require of employees covered by an agreement authorized
under subdivision (c) of Section 1153 the payment, as a condition
precedent to becoming a member of such organization, of a fee in an
amount which the board finds excessive or discriminatory under all
circumstances.  In making such a finding, the board shall consider,
among other relevant factors, the practices and customs of labor
organizations in the agriculture industry and the wages currently
paid to the employees affected.
   (f) To cause or attempt to cause an agricultural employer to pay
or deliver, or agree to pay or deliver, any money or other thing of
value, in the nature of an exaction, for services which are not
performed or not to be performed.
   (g) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with a labor
organization as the representative of his employees, or forcing or
requiring the employees of an employer to accept or select such labor
organization as their collective-bargaining representative, unless
such labor organization is currently certified as the representative
of such employees, in any of the following cases:
   (1) Where the employer has lawfully recognized in accordance with
this part any other labor organization and a question concerning
representation may not appropriately be raised under Section 1156.3.

   (2) Where within the preceding 12 months a valid election under
Chapter 5 (commencing with Section 1156) of this part has been
conducted.
   Nothing in this subdivision shall be construed to prohibit any
picketing or other publicity for the purpose of truthfully advising
the public (including consumers) that an employer does not employ
members of, or have a contract with, a labor organization, unless an
effect of such picketing is to induce any individual employed by any
other person in the course of his employment, not to pick up,
deliver, or transport any goods or not to perform any services.
   Nothing in this subdivision (g) shall be construed to permit any
act which would otherwise be an unfair labor practice under this
section.
   (h) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with the
labor organization as a representative of his employees unless such
labor organization is currently certified as the
collective-bargaining representative of such employees.
   (i) Nothing contained in this section shall be construed to make
unlawful a refusal by any person to enter upon the premises of any
agricultural employer, other than his own employer, if the employees
of such employer are engaged in a strike ratified or approved by a
representative of such employees whom such employer is required to
recognize under this part.


1154.5.  It shall be an unfair labor practice for any labor
organization which represents the employees of the employer and such
employer to enter into any contract or agreement, express or implied,
whereby such employer ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting, or otherwise
dealing in any of the products of any other employer, or to cease
doing business with any other person, and any contract or agreement
entered into heretofore or hereafter containing such an agreement
shall be, to such extent, unenforceable and void.  Nothing in this
section shall apply to an agreement between a labor organization and
an employer relating to a supplier of an ingredient or ingredients
which are integrated into a product produced or distributed by such
employer where the labor organization is certified as the
representative of the employees of such supplier, but no
collective-bargaining agreement between such supplier and such labor
organization is in effect.  Further, nothing in this section shall
apply to an agreement between a labor organization and an
agricultural employer relating to the contracting or subcontracting
of work to be done at the site of the farm and related operations.
Nothing in this part shall prohibit the enforcement of any agreement
which is within the foregoing exceptions.
   Nor shall anything in this section be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees.  Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.



1154.6.  It shall be an unfair labor practice for an employer or
labor organization, or their agents, willfully to arrange for persons
to become employees for the primary purpose of voting in elections.



1155.  The expressing of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute evidence of an unfair labor
practice under the provisions of this part, if such expression
contains no threat of reprisal or force, or promise of benefit.




1155.2.  (a) For purposes of this part, to bargain collectively in
good faith is the performance of the mutual obligation of the
agricultural employer and the representative of the agricultural
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment, or the negotiation of an agreement, or any questions
arising thereunder, and the execution of a written contract
incorporating any agreement reached if requested by either party, but
such obligation does not compel either party to agree to a proposal
or require the making of a concession.
   (b) Upon the filing by any person of a petition not earlier than
the 90th day nor later than the 60th day preceding the expiration of
the 12-month period following initial certification, the board shall
determine whether an employer has bargained in good faith with the
currently certified labor organization.  If the board finds that the
employer has not bargained in good faith, it may extend the
certification for up to one additional year, effective immediately
upon the expiration of the previous 12-month period following initial
certification.


1155.3.  (a) Where there is in effect a collective-bargaining
contract covering agricultural employees, the duty to bargain
collectively shall also mean that no party to such contract shall
terminate or modify such contract, unless the party desiring such
termination or modification does all of the following:
   (1) Serves a written notice upon the other party to the contract
of the proposed termination or modification not less than 60 days
prior to the expiration date thereof, or, in the event such contract
contains no expiration date, 60 days prior to the time it is proposed
to make such termination or modification.
   (2) Offers to meet and confer with the other party for the purpose
of negotiating a new contract or a contract containing the proposed
modifications.
   (3) Notifies the Conciliation Service of the State of California
within 30 days after such notice of the existence of a dispute,
provided no agreement has been reached by that time.
   (4) Continues in full force and effect, without resorting to
strike or lockout, all the terms and conditions of the existing
contract, for a period of 60 days after such notice is given, or
until the expiration date of such contract, whichever occurs later.
   (b) The duties imposed upon agricultural employers and labor
organizations by paragraphs (2), (3), and (4) of subdivision (a)
shall become inapplicable upon an intervening certification of the
board that the labor organization or individual which is a party to
the contract has been superseded as, or has ceased to be the
representative of the employees, subject to the provisions of Chapter
5 (commencing with Section 1156) of this part, and the duties so
imposed shall not be construed to require either party to discuss or
agree to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened under the
provisions of the contract.  Any agricultural employee who engages in
a strike within the 60-day period specified in this section shall
lose his status as an agricultural employee of the agricultural
employer engaged in the particular labor dispute, for the purposes of
Section 1153 to 1154 inclusive, and Chapters 5 (commencing with
Section 1156) and 6 (commencing with Section 1160) of this part, but
such loss of status for such employee shall terminate if and when he
is reemployed by such employer.


1155.4.  It shall be unlawful for any agricultural employer or
association of agricultural employers, or any person who acts as a
labor relations expert, adviser, or consultant to an agricultural
employer, or who acts in the interest of an agricultural employer, to
pay, lend, or deliver, any money or other thing of value to any of
the following:
   (a) Any representative of any of his agricultural employees.
   (b) Any agricultural labor organization, or any officer or
employee thereof, which represents, seeks to represent, or would
admit to membership, any of the agricultural employees of such
employer.
   (c) Any employee or group or committee of employees of such
employer in excess of their normal compensation for the purpose of
causing such employee or group or committee directly or indirectly to
influence any other employees in the exercise of the right to
organize and bargain collectively through representatives of their
own choosing.
   (d) Any officer or employee of an agricultural labor organization
with intent to influence him in respect to any of his actions,
decisions, or duties as a representative of agricultural employees or
as such officer or employee of such labor organization.



1155.5.  It shall be unlawful for any person to request, demand,
receive, or accept, or agree to receive or accept, any payment, loan,
or delivery of any money or other thing of value prohibited by
Section 1155.4.


1155.6.  Nothing in Section 1155.4 or 1155.5 shall apply to any
matter set forth in subsection (c) of Section 186 of Title 29 of the
United States Code.


1155.7.  Nothing in this chapter shall be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees.  Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.

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1156.  Representatives designated or selected by a secret ballot for
the purposes of collective bargaining by the majority of the
agricultural employees in the bargaining unit shall be the exclusive
representatives of all the agricultural employees in such unit for
the purpose of collective bargaining with respect to rates of pay,
wages, hours of employment, or other conditions of employment.  Any
individual agricultural employee or a group of agricultural employees
shall have the right at any time to present grievances to their
agricultural employer and to have such grievances adjusted, without
the intervention of the bargaining representative, as long as the
adjustment is not inconsistent with the terms of a
collective-bargaining contract or agreement then in effect, if the
bargaining representative has been given opportunity to be present at
such adjustment.


1156.2.  The bargaining unit shall be all the agricultural employees
of an employer.  If the agricultural employees of the employer are
employed in two or more noncontiguous geographical areas, the board
shall determine the appropriate unit or units of agricultural
employees in which a secret ballot election shall be conducted.




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
may 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, or that misconduct affecting
the results of the election occurred.  The board shall certify the
election unless it determines that there are sufficient grounds to
refuse to do so.
   (f) If no petition is filed pursuant to subdivision (e) within
five days of the election, the board shall certify the election.
   (g) 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.



1156.4.  Recognizing that agriculture is a seasonal occupation for a
majority of agricultural employees, and wishing to provide the
fullest scope for employees' enjoyment of the rights included in this
part, the board shall not consider a representation petition or a
petition to decertify as timely filed unless the employer's payroll
reflects 50 percent of the peak agricultural employment for such
employer for the current calendar year for the payroll period
immediately preceding the filing of the petition.
   In this connection, the peak agricultural employment for the prior
season shall alone not be a basis for such determination, but rather
the board shall estimate peak employment on the basis of acreage and
crop statistics which shall be applied uniformly throughout the
State of California and upon all other relevant data.



1156.5.  The board shall not direct an election in any bargaining
unit where a valid election has been held in the immediately
preceding 12-month period.


1156.6.  The board shall not direct an election in any bargaining
unit which is represented by a labor organization that has been
certified within the immediately preceding 12-month period or whose
certification has been extended pursuant to subdivision (b) of
Section 1155.2.



1156.7.  (a) No collective-bargaining agreement executed prior to
the effective date of this chapter shall bar a petition for an
election.
   (b) A collective-bargaining agreement executed by an employer and
a labor organization certified as the exclusive bargaining
representative of his employees pursuant to this chapter shall be a
bar to a petition for an election among such employees for the term
of the agreement, but in any event such bar shall not exceed three
years, provided that both the following conditions are met:
   (1) The agreement is in writing and executed by all parties
thereto.
   (2) It incorporates the substantive terms and conditions of
employment of such employees.
   (c) Upon the filing with the board by an employee or group of
employees of a petition signed by 30 percent or more of the
agricultural employees in a bargaining unit represented by a
certified labor organization which is a party to a valid
collective-bargaining agreement, requesting that such labor
organization be decertified, the board shall conduct an election by
secret ballot pursuant to the applicable provisions of this chapter,
and shall certify the results to such labor organization and
employer.
   However, such a petition shall not be deemed timely unless it is
filed during the year preceding the expiration of a
collective-bargaining agreement which would otherwise bar the holding
of an election, and when the number of agricultural employees is not
less than 50 percent of the employer's peak agricultural employment
for the current calendar year.
   (d) Upon the filing with the board of a signed petition by an
agricultural employee or group of agricultural employees, or any
individual or labor organization acting in their behalf, accompanied
by authorization cards signed by a majority of the employees in an
appropriate bargaining unit, and alleging all the conditions of
paragraphs (1), (2), and (3), the board shall immediately investigate
such petition and, if it has reasonable cause to believe that a bona
fide question of representation exists, it shall direct an election
by secret ballot pursuant to the applicable provisions of this
chapter:
   (1) That the number of agricultural employees currently employed
by the employer named in the petition, as determined from his payroll
immediately preceding the filing of the petition, is not less than
50 percent of his 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
thereof.
   (3) That a labor organization, certified for an appropriate unit,
has a collective-bargaining agreement with the employer which would
otherwise bar the holding of an election and that this agreement will
expire within the next 12 months.



1157.  All agricultural employees of the employer whose names appear
on the payroll applicable to the payroll period immediately
preceding the filing of the petition of such an election shall be
eligible to vote.  An economic striker shall be eligible to vote
under such regulations as the board shall find are consistent with
the purposes and provisions of this part in any election, provided
that the striker who has been permanently replaced shall not be
eligible to vote in any election conducted more than 12 months after
the commencement of the strike.
   In the case of elections conducted within 18 months of the
effective date of this part which involve labor disputes which
commenced prior to such effective date, the board shall have the
jurisdiction to adopt fair, equitable, and appropriate eligibility
rules, which shall effectuate the policies of this part, with respect
to the eligibility of economic strikers who were paid for work
performed or for paid vacation during the payroll period immediately
preceding the expiration of a collective-bargaining agreement or the
commencement of a strike; provided, however, that in no event shall
the board afford eligibility to any such striker who has not
performed any services for the employer during the 36-month period
immediately preceding the effective date of this part.



1157.2.  In any election where none of the choices on the ballot
receives a majority, a runoff shall be conducted, the ballot
providing for a selection between the two choices receiving the
largest and second largest number of valid votes cast in the
election.



1157.3.  Employers shall maintain accurate and current payroll lists
containing the names and addresses of all their employees, and shall
make such lists available to the board upon request.



1158.  Whenever an order of the board made pursuant to Section
1160.3 is based in whole or in part upon the facts certified
following an investigation pursuant to Sections 1156.3 to 1157.2
inclusive, and there is a petition for review of such order, such
certification and the record of such investigation shall be included
in the transcript of the entire record required to be filed under
Section 1160.8 and thereupon the decree of the court enforcing,
modifying, or setting aside in whole or in part the order of the
board shall be made and entered upon the pleadings, testimony, and
proceedings set forth in such transcript.



1159.  In order to assure the full freedom of association,
self-organization, and designation of representatives of the
employees own choosing, only labor organizations certified pursuant
to this part shall be parties to a legally valid
collective-bargaining agreement.

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1160.  The board is empowered, as provided in this chapter, to
prevent any person from engaging in any unfair labor practice, as set
forth in Chapter 4 (commencing with Section 1153) of this part.



1160.2.  Whenever it is charged that any person has engaged in or is
engaging in any such unfair labor practice, the board, or any agent
or agency designated by the board for such purposes, shall have power
to issue and cause to be served upon such person a complaint stating
the charges in that respect, and containing a notice of hearing
before the board or a member thereof, or before a designated agency
or agencies, at a place therein fixed, not less than five days after
the serving of such complaint.  No complaint shall issue based upon
any unfair labor practice occurring more than six months prior to the
filing of the charge with the board and the service of a copy
thereof upon the person against whom such charge is made, unless the
person aggrieved thereby was prevented from filing such charge by
reason of service in the armed forces, in which event the six-month
period shall be computed from the day of his discharge.  Any such
complaint may be amended by the member, agent, or agency conducting
the hearing, or the board in its discretion, at any time prior to the
issuance of an order based thereon.  The person so complained
against shall have the right to file an answer to the original or
amended complaint and to appear in person or otherwise and give
testimony at the place and time fixed in the complaint.  In the
discretion of the member, agent, or agency conducting the hearing or
the board, any other person may be allowed to intervene in the
proceeding and to present testimony.  Any such proceeding shall, so
far as practicable, be conducted in accordance with the Evidence
Code.  All proceedings shall be appropriately reported.



1160.3.  The testimony taken by such member, agent, or agency, or
the board in such hearing shall be reduced to writing and filed with
the board.  Thereafter, in its discretion, the board, upon notice,
may take further testimony or hear argument.  If, upon the
preponderance of the testimony taken, the board shall be of the
opinion that any person named in the complaint has engaged in or is
engaging in any such unfair labor practice, the board shall state its
findings of fact and shall issue and cause to be served on such
person an order requiring such person to cease and desist from such
unfair labor practice, to take affirmative action, including
reinstatement of employees with or without backpay, and making
employees whole, when the board deems such relief appropriate, for
the loss of pay resulting from the employer's refusal to bargain, and
to provide such other relief as will effectuate the policies of this
part.  Where an order directs reinstatement of an employee, backpay
may be required of the employer or labor organization, as the case
may be, responsible for the discrimination suffered by him.  Such
order may further require such person to make reports from time to
time showing the extent to which it has complied with the order.  If,
upon the preponderance of the testimony taken, the board shall be of
the opinion that the person named in the complaint has not engaged
in or is not engaging in any unfair labor practice, the board shall
state its findings of fact and shall issue an order dismissing the
complaint.  No order of the board shall require the reinstatement of
any individual as an employee who has been suspended or discharged,
or the payment to him of any backpay, if such individual was
suspended or discharged for cause.  In case the evidence is presented
before a member of the board, or before an administrative law
officer thereof, such member, or such administrative law officer, as
the case may be, shall issue and cause to be served on the parties to
the proceedings a proposed report, together with a recommended
order, which shall be filed with the board, and, if no exceptions are
filed within 20 days after service thereof upon such parties, or
within such further period as the board may authorize, such
recommended order shall become the order of the board and become
effective as therein prescribed.
   Until the record in a case shall have been filed in a court, as
provided in this chapter, the board may, at any time upon reasonable
notice and in such manner as it shall deem proper, modify or set
aside, in whole or in part, any finding or order made or issued by
it.


1160.4.  The board shall have power, upon issuance of a complaint as
provided in Section 1160.2 charging that any person has engaged in
or is engaging in an unfair labor practice, to petition the superior
court in any county wherein the unfair labor practice in question is
alleged to have occurred, or wherein such person resides or transacts
business, for appropriate temporary relief or restraining order.
Upon the filing of any such petition, the board shall cause notice
thereof to be served upon such person, and thereupon the court shall
have jurisdiction to grant to the board such temporary relief or
restraining order as the court deems just and proper.



1160.5.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) of
subdivision (d) of Section 1154, the board is empowered and directed
to hear and determine the dispute out of which such unfair labor
practice shall have arisen, unless within 10 days after notice that
such charge has been filed, the parties to such dispute submit to the
board satisfactory evidence that they have adjusted, or agreed upon
methods for the voluntary adjustment of the dispute.  Upon compliance
by the parties to the dispute with the decision of the board or upon
such voluntary adjustment of the dispute, such charge shall be
dismissed.



1160.6.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (1), (2), or
(3) of subdivision (d), or of subdivision (g), of Section 1154, or of
Section 1155, the preliminary investigation of such charge shall be
made forthwith and given priority over all other cases except cases
of like character in the office where it is filed or to which it is
referred.  If, after such investigation, the officer or regional
attorney to whom the matter may be referred has reasonable cause to
believe such charge is true and that a complaint should issue, he
shall, on behalf of the board, petition the superior court in the
county in which the unfair labor practice in question has occurred,
is alleged to have occurred, or where the person alleged to have
committed the unfair labor practice resides or transacts business,
for appropriate injunctive relief pending the final adjudication of
the board with respect to the matter.  The officer or regional
attorney shall make all reasonable efforts to advise the party
against whom the restraining order is sought of his intention to seek
such order at least 24 hours prior to doing so.  In the event the
officer or regional attorney has been unable to advise such party of
his intent at least 24 hours in advance, he shall submit a
declaration to the court under penalty of perjury setting forth in
detail the efforts he has made.  Upon the filing of any such
petition, the superior court shall have jurisdiction to grant such
injunctive relief or temporary restraining order as it deems just and
proper. Upon the filing of any such petition, the board shall cause
notice thereof to be served upon any person involved in the charge
and such person, including the charging party, shall be given an
opportunity to appear by counsel and present any relevant testimony.
For the purposes of this section, the superior court shall be deemed
to have jurisdiction of a labor organization either in the county in
which such organization maintains its principal office, or in any
county in which its duly authorized officers or agents are engaged in
promoting or protecting the interests of employee members.  The
service of legal process upon such officer or agent shall constitute
service upon the labor organization and make such organization a
party to the suit.  In situations where such relief is appropriate,
the procedure specified herein shall apply to charges with respect to
paragraph (4) of subdivision (d) of Section 1154.



1160.7.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of subdivision (c) of
Section 1153 or subdivision (b) of Section 1154, such charge shall be
given priority over all other cases except cases of like character
in the office where it is filed or to which it is referred and cases
given priority under Section 1160.6.



1160.8.  Any person aggrieved by the final order of the board
granting or denying in whole or in part the relief sought may obtain
a review of such order in the court of appeal having jurisdiction
over the county wherein the unfair labor practice in question was
alleged to have been engaged in, or wherein such person resides or
transacts business, by filing in such court a written petition
requesting that the order of the board be modified or set aside.
Such petition shall be filed with the court within 30 days from the
date of the issuance of the board's order.  Upon the filing of such
petition, the court shall cause notice to be served upon the board
and thereupon shall have jurisdiction of the proceeding.  The board
shall file in the court the record of the proceeding, certified by
the board within 10 days after the clerk's notice unless such time is
extended by the court for good cause shown.  The court shall have
jurisdiction to grant to the board such temporary relief or
restraining order it deems just and proper and in like manner to make
and enter a decree enforcing, modifying and enforcing as so
modified, or setting aside in whole or in part, the order of the
board.  The findings of the board with respect to questions of fact
if supported by substantial evidence on the record considered as a
whole shall in like manner be conclusive.
   An order directing an election shall not be stayed pending review,
but such order may be reviewed as provided in Section 1158.
   If the time for review of the board order has lapsed, and the
person has not voluntarily complied with the board's order, the board
may apply to the superior court in any county in which the unfair
labor practice occurred or wherein such person resides or transacts
business for enforcement of its order.  If after hearing, the court
determines that the order was issued pursuant to procedures
established by the board and that the person refuses to comply with
the order, the court shall enforce such order by writ of injunction
or other proper process.  The court shall not review the merits of
the order.



1160.9.  The procedures set forth in this chapter shall be the
exclusive method of redressing unfair labor practices.



1161.  (a) The Agricultural Employee Relief Fund is hereby created
as a special fund in the State Treasury and is continuously
appropriated to the Agricultural Labor Relations Board for the
purposes specified in subdivision (c).  The board shall act as a
trustee of all moneys deposited in the fund.
   (b) Any monetary relief ordered by the board pursuant to this part
to be paid by an employer to an employee shall be collected by the
board on behalf of the employee.  All monetary relief so collected by
the board shall be remitted to the employee for whom the board
collected the money.
   (c) (1) Notwithstanding Section 1519 of the Code of Civil
Procedure, if the board has made a diligent effort to locate an
employee on whose behalf the board has collected monetary relief
pursuant to this part, and is unable to locate the employee or the
lawful representative of the employee for a period of two years after
the date the board collected the monetary relief, the board shall
deposit those moneys in the fund.
   (2) Moneys in the fund shall be used by the board to pay employees
the unpaid balance of any monetary relief ordered by the board to be
paid by an employer to an employee.  Prior to making any payment
from the fund, the board first shall make a finding that, in an
individual case, the collection of the full amount of the monetary
relief ordered is not possible after reasonable efforts have been
made to collect the balance from the employer.
   (d) As used in this section, "fund" means the Agricultural
Employee Relief Fund.
   (e) On or before July 1, 2002, the board shall report to the
Legislature on the status of the fund.

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1164.  (a) An agricultural employer or a labor organization
certified as the exclusive bargaining agent of a bargaining unit of
agricultural employees may file with the board, at any time following
(1) 90 days after a renewed demand to bargain by an agricultural
employer or a labor organization certified prior to January 1, 2003,
which meets the conditions specified in Section 1164.11 or (2) 180
days after an initial request to bargain by an agricultural employer
or a labor organization certified after January 1, 2003, a
declaration that the parties have failed to reach a collective
bargaining agreement and a request that the board issue an order
directing the parties to mandatory mediation and conciliation of
their issues.  "Agricultural employer," for purposes of this chapter,
means an agricultural employer, as defined in subdivision (c) of
Section 1140.4, who has employed or engaged 25 or more agricultural
employees during any calendar week in the year preceding the filing
of a declaration pursuant to this subdivision.
   (b) Upon receipt of a declaration pursuant to subdivision (a), the
board shall immediately issue an order directing the parties to
mandatory mediation and conciliation of their issues.  The board
shall request from the California State Mediation and Conciliation
Service a list of nine mediators who have experience in labor
mediation.  The California State Mediation and Conciliation Service
may include names chosen from its own mediators, or from a list of
names supplied by the American Arbitration Association or the Federal
Mediation Service.  The parties shall select a mediator from the
list within seven days of receipt of the list.  If the parties cannot
agree on a mediator, they shall strike names from the list until a
mediator is chosen by process of elimination.  If a party refuses to
participate in selecting a mediator, the other party may choose a
mediator from the list.  The costs of mediation and conciliation
shall be borne equally by the parties.
   (c) Upon appointment, the mediator shall immediately schedule
meetings at a time and location reasonably accessible to the parties.
  Mediation shall proceed for a period of 30 days.  Upon expiration
of the 30-day period, if the parties do not resolve the issues to
their mutual satisfaction, the mediator shall certify that the
mediation process has been exhausted.  Upon mutual agreement of the
parties, the mediator may extend the mediation period for an
additional 30 days.
   (d) Within 21 days, the mediator shall file a report with the
board that resolves all of the issues between the parties and
establishes the final terms of a collective bargaining agreement,
including all issues subject to mediation and all issues resolved by
the parties prior to the certification of the exhaustion of the
mediation process.  With respect to any issues in dispute between the
parties, the report shall include the basis for the mediator's
determination.  The mediator's determination shall be supported by
the record.
   (e) In resolving the issues in dispute, the mediator may consider
those factors commonly considered in similar proceedings, including:

   (1) The stipulations of the parties.
   (2) The financial condition of the employer and its ability to
meet the costs of the contract in those instances where the employer
claims an inability to meet the union's wage and benefit demands.
   (3) The corresponding wages, benefits, and terms and conditions of
employment in other collective bargaining agreements covering
similar agricultural operations with similar labor requirements.
   (4) The corresponding wages, benefits, and terms and conditions of
employment prevailing in comparable firms or industries in
geographical areas with similar economic conditions, taking into
account the size of the employer, the skills, experience, and
training required of the employees, and the difficulty and nature of
the work performed.
   (5) The average consumer prices for goods and services according
to the California Consumer Price Index, and the overall cost of
living, in the area where the work is performed.



1164.3.  (a) Either party, within seven days of the filing of the
report by the mediator, may petition the board for review of the
report.  The petitioning party shall, in the petition, specify the
particular provisions of the mediator's report for which it is
seeking review by the board and shall specify the specific grounds
authorizing review by the board.  The board, within 10 days of
receipt of a petition, may accept for review those portions of the
petition for which a prima facie case has been established that (1) a
provision of the collective bargaining agreement set forth in the
mediator's report is unrelated to wages, hours, or other conditions
of employment within the meaning of Section 1155.2, (2) a provision
of the collective bargaining agreement set forth in the mediator's
report is based on clearly erroneous findings of material fact, or
(3) a provision of the collective bargaining agreement set forth in
the mediator's report is arbitrary or capricious in light of the
mediator's findings of fact.
   (b) If it finds grounds exist to grant review within the meaning
of subdivision (a), the board shall order the provisions of the
report that are not the subject of the petition for review into
effect as a final order of the board.  If the board does not accept a
petition for review or no petition for review is filed, then the
mediator's report shall become a final order of the board.
   (c) The board shall issue a decision concerning the petition and
if it determines that a provision of the collective bargaining
agreement contained in the mediator's report violates the provisions
of subdivision (a), it shall, within 21 days, issue an order
requiring the mediator to modify the terms of the collective
bargaining agreement.  The mediator shall meet with the parties for
additional mediation for a period not to exceed 30 days.  At the
expiration of this mediation period, the mediator shall prepare a
second report resolving any outstanding issues.  The second report
shall be filed with the board.
   (d) Either party, within seven days of the filing of the mediator'
s second report, may petition the board for a review of the mediator'
s second report pursuant to the procedures specified in subdivision
(a).  If no petition is filed, the mediator's report shall take
immediate effect as a final order of the board.  If a petition is
filed, the board shall issue an order confirming the mediator's
report and order it into immediate effect, unless it finds that the
report is subject to review for any of the grounds specified in
subdivision (a), in which case the board shall determine the issues
and shall issue a final order of the board.
   (e) Either party, within seven days of the filing of the report by
the mediator, may petition the board to set aside the report if a
prima facie case is established that any of the following have
occurred:  (1) the mediator's report was procured by corruption,
fraud, or other undue means, (2) there was corruption in the
mediator, or (3) the rights of the petitioning party were
substantially prejudiced by the misconduct of the mediator.  For the
sole purpose of interpreting the terms of paragraphs (1), (2), and
(3), case law that interprets similar terms used in Section 1286.2 of
the Code of Civil Procedure shall apply.  If the board finds that
any of these grounds exist, the board shall within 10 days vacate the
report of the mediator and shall order the selection and appointment
of a new mediator, and an additional mediation period of 30 days,
pursuant to Section 1164.
   (f) Within 60 days after the order of the board takes effect,
either party or the board may file an action to enforce the order of
the board, in the superior court for the County of Sacramento or in
the county where either party's principal place of business is
located.  No final order of the board shall be stayed during any
appeal under this section, unless the court finds that (1) the
appellant will be irreparably harmed by the implementation of the
board's order, and (2) the appellant has demonstrated a likelihood of
success on appeal.



1164.5.  (a) Within 30 days after the order of the board takes
effect, a party may petition for a writ of review in the court of
appeal or the California Supreme Court.  If the writ issues, it shall
be made returnable at a time and place specified by court order and
shall direct the board to certify its record in the case to the court
within the time specified.  The petition for review shall be served
personally upon the executive director of the board and the
nonappealing party personally or by service.
   (b) The review by the court shall not extend further than to
determine, on the basis of the entire record, whether any of the
following occurred:
   (1) The board acted without, or in excess of, its powers or
jurisdiction.
   (2) The board has not proceeded in the manner required by law.
   (3) The order or decision of the board was procured by fraud or
was an abuse of discretion.
   (4) The order or decision of the board violates any right of the
petitioner under the Constitution of the United States or the
California Constitution.
   (c) Nothing in this section shall be construed to permit the court
to hold a trial de novo, to take evidence other than as specified by
the California Rules of Court, or to exercise its independent
judgment on the evidence.



1164.7.  (a) The board and each party to the action or proceeding
before the mediator may appear in the review proceeding.  Upon the
hearing, the court of appeal or the Supreme Court shall enter
judgment either affirming or setting aside the order of the board.
   (b) The provisions of the Code of Civil Procedure relating to
writs of review shall, so far as applicable, apply to proceedings
instituted under this chapter.



1164.9.  No court of this state, except the court of appeal or the
Supreme Court, to the extent specified in this article, shall have
jurisdiction to review, reverse, correct, or annul any order or
decision of the board to suspend or delay the execution or operation
thereof, or to enjoin, restrain, or interfere with the board in the
performance of its official duties, as provided by law and the rules
of court.



1164.11.  A demand made pursuant to paragraph (1) of subdivision (a)
of Section 1164 may be made only in cases which meet all of the
following criteria:  (a) the parties have failed to reach agreement
for at least one year after the date on which the labor organization
made its initial request to bargain, (b) the employer has committed
an unfair labor practice, and (c) the parties have not previously had
a binding contract between them.



1164.12.  To ensure an orderly implementation of the mediation
process ordered by this chapter, a party may not file a total of more
than 75 declarations with the board prior to January 1, 2008.  In
calculating the number of declarations so filed, the identity of the
other party with respect to whom the declaration is filed, shall be
irrelevant.



1164.13.  The provisions of this chapter are severable.  If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

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1165.  (a) Suits for violation of contracts between an agricultural
employer and an agricultural labor organization representing
agricultural employees, as defined in this part, or between any such
labor organizations, may be brought in any superior court having
jurisdiction of the parties, without respect to the amount in
controversy.
   (b) Any agricultural labor organization which represents
agricultural employees and any agricultural employer shall be bound
by the acts of its agents.  Any such labor organization may sue or be
sued as an entity and in behalf of the employees whom it represents
in the courts of this state.  Any money judgment against a labor
organization in a superior court shall be enforceable only against
the organization as an entity and against its assets, and shall not
be enforceable against any individual member or his assets.



1165.2.  For the purpose of this part, the superior court shall have
jurisdiction over a labor organization in this state if such
organization maintains its principal office in this state, or if its
duly authorized officers or agents are engaged in representing or
acting for employee members.



1165.3.  The service of summons, subpoena, or other legal process of
any superior court upon an officer or agent of a labor organization,
in his capacity as such, shall constitute service upon the labor
organization.


1165.4.  For the purpose of this part, in determining whether any
person is acting as an agent of another person so as to make such
other person responsible for his acts, the question of whether the
specific acts performed were actually authorized or subsequently
ratified shall not be controlling.

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1166.  Nothing in this part, except as specifically provided for
herein, shall be construed so as either to interfere with or impede
or diminish in any way the right to strike, or to affect the
limitations or qualifications on such right.


1166.2.  Nothing in this part shall prohibit any individual employed
as a supervisor from becoming or remaining a member of a labor
organization, but no employer subject to this part shall be compelled
to deem individuals defined herein as supervisors as employees for
the purpose of any law, either national or local, relating to
collective bargaining.



1166.3.  (a) If any provision of this part, or the application of
such provision to any person or circumstances, shall be held invalid,
the remainder of this part, or the application of such provision to
persons or circumstances other than those as to which it is held
invalid, shall not be affected thereby.
   (b) If any other act of the Legislature shall conflict with the
provisions of this part, this part shall prevail.

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1171.  The provisions of this chapter shall apply to and include
men, women and minors employed in any occupation, trade, or industry,
whether compensation is measured by time, piece, or otherwise, but
shall not include any individual employed as an outside salesman or
any individual participating in a national service program carried
out using assistance provided under Section 12571 of Title 42 of the
United States Code.
   Any individual participating in a national service program
pursuant to Section 12571 of Title 42 of the United States Code shall
be informed by the nonprofit, educational institution or other
entity using his or her service, prior to the commencement of service
of the requirement, if any, to work hours in excess of eight hours
per day, or 40 hours per week, or both, and shall have the
opportunity to opt out of that national service program at that time.
  Individuals participating in a national service program pursuant to
Section 12571 of Title 42 of the United States Code shall not be
discriminated against or be denied continued participation in the
program for refusing to work overtime for a legitimate reason.



1171.5.  The Legislature finds and declares the following:
   (a) All protections, rights, and remedies available under state
law, except any reinstatement remedy prohibited by federal law, are
available to all individuals regardless of immigration status who
have applied for employment, or who are or who have been employed, in
this state.
   (b) For purposes of enforcing state labor and employment laws, a
person's immigration status is irrelevant to the issue of liability,
and in proceedings or discovery undertaken to enforce those state
laws no inquiry shall be permitted into a person's immigration status
except where the person seeking to make this inquiry has shown by
clear and convincing evidence that the inquiry is necessary in order
to comply with federal immigration law.
   (c) The provisions of this section are declaratory of existing
law.
   (d) The provisions of this section are severable.  If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.




1173.  It is the continuing duty of the Industrial Welfare
Commission, hereinafter referred to in this chapter as the
commission, to ascertain the wages paid to all employees in this
state, to ascertain the hours and conditions of labor and employment
in the various occupations, trades, and industries in which employees
are employed in this state, and to investigate the health, safety,
and welfare of those employees.
   The commission shall conduct a full review of the adequacy of the
minimum wage at least once every two years.  The commission may, upon
its own moti