On October 25, 2024, the Agricultural Labor Relations Board (ALRB) Subcommittee released its report addressing public feedback on further regulatory modifications under AB 113, focusing on card check provisions and appeal bonds. Western Growers, along with other agricultural interests, submitted comments, underscoring concerns related to transparency, fairness, and practical compliance with the proposed regulations. 

Key areas of focus included the legitimacy of pre-regulation authorization cards, the ability of employers to challenge labor organizations’ support lists, and procedural requirements for service notifications. The subcommittee recommended retaining most of the proposed language, noting the importance of original documents over electronic submissions for investigating petitions, and upheld the current employer notification process despite objections. 

The subcommittee also recommended preserving requirements for timely original documentation and affirmed the modified 48-hour employer response time, excluding weekends and holidays, to better accommodate agricultural operational realities. Despite objections from agricultural organizations, the subcommittee reinforced restrictions on the scope of employer challenges to maintain balanced and efficient review processes.

It is anticipated that the AB 113 regulations will soon be approved by the Board and submitted to the Office of Administrative Law for approval.