The implementation of the Agricultural Labor Relations Board’s (ALRB) card check regulations has encountered another delay. On January 10, 2025, the ALRB submitted its final rulemaking package to the Office of Administrative Law (OAL) for approval. However, on February 25, 2025, the ALRB withdrew the submission due to what has been described as “non-substantive technical issues. ” The package was resubmitted to OAL on March 4, 2025, without substantive changes, restarting the review process. OAL now has until April 16, 2025, to complete its review. 

This delay follows months of scrutiny and public comment over the ALRB’s proposed implementation of AB 113’s card check procedures, which overhaul union election processes for agricultural employers. Western Growers and other agricultural stakeholders have expressed concerns over transparency, procedural fairness, and employer rights to challenge union representation claims. 

As previously reported in the WG Legal Insights Newsletter, the ALRB Subcommittee’s October 2024 report largely upheld the proposed regulations despite industry objections. The finalized rules maintain key provisions such as strict documentation requirements for employer challenges and limited employer ability to contest union support lists. 

With the latest delay, the agricultural industry remains in a state of uncertainty as it awaits OAL’s determination. If OAL approves the regulations by the April 16 deadline, they will become law shortly thereafter. However, if further issues arise, additional delays could push implementation even further into 2025. 

Western Growers will continue to monitor developments and provide updates on this critical regulatory process.