Home Menu
Subscriber Login
....Newsletters
... Labor Resouces
... Labor Requirements
... Overtime Calculator
... Safety
... Wage Survey
Free Resouces
...Supply Catalog
...Labor/Safety Issues
...CA Farm Bureau
About FELS®
...Meet our Staff
...Services
...Contact FELS®
...Map to FELS®
...Legal Notice
FELS Staff Resources

Binding Arbitration Law
SB 1156/AB 2596 SUMMARY
©2002 Farm Employers Labor Service. All Rights Reserved.

Mandatory Mediation/Forced Contracts under the Agricultural Labor Relations Act

• Overview
• Coverage
• Limit on Declarations
• Sunset
• Where the union was certified before 2003
• Where the union is certified on or after January 1, 2003
• Mediator List
• Mediator Selected
• Mediation Costs
• Mediation Process
• Mediators Report
• ALRB Review Substantive
• ALRB Review Procedural
• Enforcement
• Appellate Review

Overview: On September 30, 2002, Governor Davis signed into law Senate Bill 1156 and Assembly Bill 2596. These bills amended the California Agricultural Labor Relations Act (ALRA) by adding to the California Labor Code sections 1164 to 1164.14. This new set of statutes will provide, effective January 1, 2003, a unique process under which parties who cannot reach a collective-bargaining agreement (CBA) on their own may be compelled into mediation.

The process is triggered by the filing with the Agricultural Labor Relations Board (ALRB) of a declaration that the parties have failed to reach a CBA and a request for an order directing the parties to mandatory mediation and conciliation of their issues. If, after mediation, they still cannot arrive at a CBA, the mediator drafts a CBA that will be binding on the parties, subject to very limited ALRB and court review.

Coverage: The process applies to:

 (1) Each union certified by the ALRB to represent for collective-bargaining purposes the agricultural employees of an agricultural employer, and

 (2) Each agricultural employer under a duty to bargain with a union so certified, as long as the employer has employed 25 or more agricultural employees during any calendar week in the year before a declaration requesting mediation is filed with the ALRB. (Because a farm labor contractor's employees supplied to a grower are deemed under the ALRA for representational purposes as the grower's employees, they are counted toward the 25-employee threshold.)

Limit on Declarations: A party may file as many as 75 declarations with the ALRB.

Sunset: The process expires January 1, 2008, unless a statute enacted before then deletes or extends that date.

Where the union was certified before 2003: A declaration may be filed 90 days after a renewed demand to bargain was made if:

(1)the parties have not reached agreement for at least one year after the union made its initial request to bargain,

(2)the employer has committed an unfair labor practice, and

(3)the parties have not previously had a contract between them.

Where the union is certified on or after January 1, 2003: A declaration may be filed180 days after bargaining was initially requested.

Mediator List: Upon receipt of a declaration, the ALRB issues an order directing the parties to mandatory mediation and conciliation of their issues. The ALRB requests from the California State Mediation and Conciliation Service (CSM&CS) a list of nine experienced labor mediators. The list may name CSM&CS mediators or those suggested by the American Arbitration Association or Federal Mediation Service.

Mediator Selected: Within seven days after receiving the list, the parties select a mediator from it. Parties that cannot agree on a mediator strike names from the list until only one is left. If a party refuses to participate in selecting a mediator, the other party may choose a mediator from the list.

Mediation Costs: The parties share the costs of mediation.

Mediation Process: The mediator schedules meetings for negotiations. Mediation proceeds for 30 days. The mediator may extend the mediation period for 30 more days if both parties agree to extend it. If the parties do not reach agreement, the mediator certifies the process has been exhausted.

Mediator's Report: Within 21 days, the mediator files with the ALRB a report that resolves all issues between the parties and establishes the final terms of a CBA between them. The report must state the basis for the mediator's determination as to disputed issues and must be supported by the record. If no petition for review is filed, the report becomes a final order of the ALRB.

ALRB Review--Substantive: Within seven days of the report's filing, either party may petition the ALRB to review it. Within 10 days of the petition's receipt, the ALRB may accept for review those portions of the petition for which a prima facie case has been established that a provision of the CBA is:

(1)unrelated to wages, hours, or other conditions of employment, or

(2)based on clearly erroneous findings of material fact.

If the ALRB does not accept a petition for review, the report becomes a final order of the ALRB.

If it finds grounds exist to grant review, the ALRB orders into effect as a final order the CBA provisions not challenged by the petition.

If it determines that a CBA provision violates (1) or (2) above, then within 21 days the ALRB orders the mediator to modify the CBA's terms. Mediation resumes for up to 30 days. The mediator then prepares and files with the ALRB a second report resolving any outstanding issues.

Within 7 days of the second report's filing, either party may petition the ALRB to review it as above. If no petition is filed, the report takes immediate effect as a final ALRB order.

If a petition is filed, the ALRB issues an order confirming the report and orders it into immediate effect, unless it finds the report is subject to review based on (1) or (2) above, in which case the ALRB determines the issues and issues a final order.

ALRB Review--Procedural: Within seven days of a report's filing, either party may petition the ALRB to set it aside if a prima facie case is established that any of the following have occurred:

(1)the report was procured by corruption, fraud, or other undue means,

(2)there was corruption in the mediator, or

(3)mediator misconduct substantially prejudiced the petitioning party's rights.

On finding that any of these grounds exist, the ALRB within 10 days vacates the report and orders the selection and appointment of a new mediator and 30 more days of mediation.

Enforcement: Within 60 days after the ALRB's order takes effect, either party or the ALRB may file an action to enforce it in the superior court for either Sacramento County or the county where either party's principal place of business is located. The court may stay the order only if it finds the appellant:

(1) will be irreparably harmed by the order's implementation, and

(2) has demonstrated a likelihood of success on appeal.

Appellate Review: Within 30 days after the ALRB's order takes effect, a party may petition the court of appeal or California Supreme Court for a writ of review. Court review is limited to determining whether any of the following occurred:

(1)The ALRB acted without, or in excess of, its powers or jurisdiction.

(2)The ALRB did not proceed in the manner required by law.

(3)The ALRB's order or decision was procured by fraud or was an abuse of discretion.

(4)The ALRB's order or decision violates a constitutional right of the petitioner.

The court may not hold a trial de novo, take evidence other than as specified by the California Rules of Court, or exercise its independent judgment on the evidence.

The ALRB and each party may appear in the review proceeding, after which the court enters judgment either affirming or setting aside the ALRB's order.