On September 27, 2023, the Agricultural Labor Relations Board’s Regulations Subcommittee published a report regarding proposed regulations to implement the amendments to the Agricultural Labor Relations Act enacted by Assembly Bill No. 113, which took effect on May 15, 2023. Specifically, the subcommittee’s report includes proposals designed to implement the new “majority support petition” (card check) procedure codified in Labor Code section 1156.37, as well as the new unfair labor practice and mandatory mediation and conciliation appeal bond provisions set forth in the ALRA.[1] The report and proposed regulatory language will be presented to the Board at its October 4 public meeting.

Of note, is the proposed provision which reads:

“Authorization cards or petitions submitted as evidence of majority support also shall identify the name of the agricultural employer to which the cards or petitions pertain and shall clearly state that (i) signing the card or petition is equivalent to a vote in support of the petitioning labor organization; (ii) a signature on the card or petition is valid for one year from the date it is signed; and (iii) a signature on the card or petition may not be revoked.”[2]

A copy of the subcommittee’s report, including the proposed regulatory language, as well as further information concerning this proposed rulemaking also is available on the ALRB’s web site at https://www.alrb.ca.gov/statutes-regulations/rulemaking/ab-113-implementing-regulations/

[1] Labor Code sections 1149.3, 1160.3, 1160.11, and 1164.5.

[2] See Section 20391 (a) (1):