Attorney General No.

SA83RF0034

Secretary of State No.

346

Description

AGRICULTURAL LABOR-MANAGEMENT RELATIONS ACT. INITIATIVE STATUTE. Repeals present Agricultural Labor Relations Act (ALRA). Enacts new ALMRA statute, which changes manner in which agricultural labor relations are regulated. Measure's stated purpose---to conform the state act to the federal National Labor Relations Act, providing that specified federal precedents be followed in judicial and administrative interpretations. Changes from current law include, among others, allowing ALMRB discretion in timing employee representation elections, defining labor contractors as employers, limiting secondary boycotts, limiting make whole remedy against employers, redefining union membership obligation requirements, and modifying administrative and other procedures used. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: At present, the state spends approximately $7 million to administer the provisions of the ALRA. This initiative would increase these costs, based on provisions which require the Agricultural Labor Relations Board to: (1) Determine on a case-by-case basis that bargaining units are "appropriate" (Existing law establishes a single bargaining unit for all agricultural employees of an agricultural employer.); (2) Hold additional elections--at the request of not less than 30 percent of the affected workers--to rescind organizational security arrangements that have been negotiated by the union and the employer (There are currently no such elections under the ALRA.); and (3) Investigate and prosecute additional unfair labor practice charges in cases where unions are accused of violating the initiative's more restrictive secondary boycott language. The initiative also has provisions which would result in decreased costs. For example, a provision eliminating the need to hold hearings to determine the proper penalties for make whole remedies in cases where employers fail to bargain in good faith would reduce workload and costs. Overall, the increased costs of the initiative would probably exceed savings, by an unknown amount, primarily because of the major revisions of the ALRA election procedures.

Proponents

James Wiley Nielsen, 1742 Brown Avenue, Woodland, Ca 95695 (916) 445-3353

Date

1-25-1984

Document Type

Initiative

Qualified

Failed to Qualify

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