On December 11, 2024, the Agricultural Labor Relations Board (ALRB) voted to approve regulations implementing AB 113, often referred to as the “card check” law. This action marks a significant step in the development of labor relations in California’s agricultural industry. The approved regulations now head to the Office of Administrative Law (OAL) for final approval, a process that must be completed within 30 working days. 

Throughout 2024, the ALRB reviewed public comments, including those submitted by Western Growers, and modified the proposed regulatory text to address concerns raised by stakeholders. The version approved by the Board mirrors the Proposed Modified Regulatory Text, adopted without further changes. 

Key Features of the Regulations 

Majority Support Petitions: 

• Submission and Validation: Labor organizations seeking to represent agricultural employees must file majority support petitions with the ALRB, accompanied by evidence such as authorization cards or petitions. These documents must clearly indicate that signing constitutes a vote for representation. 

• Employer Responsibilities: Employers must respond to petitions within 48 hours (excluding weekends and holidays) by providing a list of current employees, including contact information (including cell phone numbers and emails), to facilitate the validation process. 

• Employee Notification: Regional directors are required to notify employees of petition filings and provide opportunities for questions about the process. 

• Challenged Eligibility: Provisions allow for the resolution of disputes regarding the eligibility of employees included in or excluded from the bargaining unit. 

Unfair Labor Practice Compliance: 

• Monetary Remedies: The regulations outline detailed procedures for calculating and enforcing backpay or bargaining make-whole remedies for unfair labor practices. Employers must provide accurate documentation or risk default judgments. 

• Non-Monetary Compliance: The regulations establish formal proceedings for ensuring compliance with non-monetary orders, such as bargaining obligations or cease-and-desist directives. 

Appellate Bonds: 

• Employers seeking to appeal an ALRB decision involving monetary remedies must post a bond or cash deposit equal to the amount owed. Bonds must meet specific legal standards, and deposits are held in interest-bearing accounts to protect employee rights during judicial review. 

Next Steps 

The OAL will review the approved regulations for consistency with state law. If approved, the regulations will become effective, solidifying the procedural framework for AB 113 implementation.  

For employers, compliance requires careful attention to documentation and procedural timelines, particularly in timely and thoroughly responding to petitions and addressing compliance orders.