The Agricultural Labor Relations Board (ALRB) recently held a public hearing to discuss proposed regulations related to AB 113 (card check). These regulations focus on majority support petitions, unfair labor practice compliance, and appellate bonds. Over the course of several hearings held in 2024, the ALRB has reviewed public comments and made modifications to these regulations. 

The latest discussions occurred on September 18, 2024, and it is anticipated that the final regulations will soon be submitted to the Office of Administrative Law (OAL) for review. These proposed regulations outline the requirements for employees’ union authorization cards, specifying key information such as the employee’s printed name, contact details, and a declaration that the signature is valid for one year. These cards must meet specific requirements to be valid in future union representation filings. However, cards that were collected before the implementing regulations become effective would be deemed valid. 

Employees are permitted to sign authorization cards during their rest or meal periods or in employer-designated parking areas, as these activities are protected under the Agricultural Labor Relations Act. Employers are prohibited from retaliating against employees for engaging in these activities, and workers can file unfair labor practice charges if they face retaliation. 

In addition to majority support petitions, the proposed regulations cover civil penalties in unfair labor practice cases and provide guidance on the posting of appellate bonds. On October 2, 2024, the ALRB issued a notice of further modifications to these proposed rules and invited stakeholders to submit comments by October 17, 2024. 

The 15-Day Notice Materials include: 

• Notice of Further Modifications to Text of Proposed Regulations and of Addition of Documents to Rulemaking File: This document contains information about the modifications to the proposed regulatory text. 

• Second Addendum to Initial Statement of Reasons in Support of Proposed Regulatory Action: This addendum provides further explanation for the reasons behind certain proposed changes. 

• Further Modified Regulatory Text: The text of the proposed regulations.