The Union Has Submitted Proof of Majority Support (Card Check). Now What Do You Do? By Jason Resnick, Senior Vice President and General Counsel
When Gov. Gavin Newsom signed AB 113 into law on May 15, 2023, AB 2183 was immediately amended and the new law went into effect. Gone is the “Labor Peace Compact” and the promise of mail-in ballot elections—a Hobson’s choice no employer signed up for. It retains the card check provisions under the new moniker—“Majority Support Petition.” Untouched are the onerous penalties of $10,000 for each unfair labor practices charge and up to $25,000 for cases involving retaliation or discrimination. The bond requirements, the presumption that any adverse employment action taken against an employee was retaliatory, which can only be overcome by “clear, convincing and overwhelming” evidence, and personal liability for directors and officers of the employer are still in there. So, what happens if the union presents a Majority Support Petition to the Agricultural Labor Relations Board (ALRB)? You better find out now, because you will have only 48 hours to respond. 48 Hours…Starting Now! Labor Code Section 1156.37 outlines the obligations organization. Employers should not wait until they are served with a Majority Support Petition to gather and organize this information. Agricultural employers should be gathering and updating their employees’
of employers after receiving a Majority Support Petition from a qualified labor organization seeking to represent a group of agricultural employees, called a bargaining unit. Within 48 hours of being served with the petition, the employer must provide a comprehensive and accurate list of currently employed employees in the bargaining unit. The list should include the full names, current street addresses, telephone numbers, job classifications and crew or department of each employee. Additionally, the employer must organize this information into separate columns, both in hard copy and electronic format, and submit it to the labor board and the petitioning labor
contact information on a regular basis, at least seasonally. If the employee does not have a regular current street address, they should describe where they are residing with reasonable accuracy. Defining the Bargaining Unit The crucial question that arises in this context is what is the “bargaining unit”? The answer is not straightforward. When a union files a majority support petition, it must describe the bargaining unit it seeks to represent. This description may or may not be limited
8
SEPTEMBER | OCTOBER 2023
Western Grower & Shipper | www.wga.com
Made with FlippingBook Digital Publishing Software