On April 7, 2025, the Office of Administrative Law (OAL) approved the Agricultural Labor Relations Board’s (ALRB) long-anticipated regulatory package implementing AB 113, the statute that introduced majority support petitions, or “card check,” for union representation among California agricultural employees.  

This final action follows a months-long regulatory process that included multiple rounds of public comment, modifications to the originally proposed regulations, and a brief withdrawal and resubmission to OAL due to a technical filing issue earlier this year. As previously reported, the rulemaking package was initially submitted on January 10, 2025, withdrawn on February 25 due to technical concerns, and resubmitted on March 4 without substantive changes. 

The now-finalized regulations govern procedures for labor organizations to establish majority support through authorization cards, without a secret-ballot election. They also include new rules for employer responses, evidentiary requirements for proof of majority support, service and posting obligations, and procedures for challenging certification outcomes. Notably, the regulations impose detailed documentation and evidentiary burdens on employers seeking to challenge a union’s claimed majority, including strict timelines and presumptions in cases of incomplete employee lists or non-cooperation. 

The approved rules also clarify procedural requirements for appeal bonds and cash deposits in lieu of bonds, ensuring compliance with the new statutory requirements under Labor Code section 1160.11. Employers appealing an ALRB order must now furnish a bond or equivalent deposit as a condition of judicial review, using forms and instructions specified in the final text. 

Western Growers has consistently voiced concerns about the practical burdens these regulations impose on employers, including the limits on employers’ ability to meaningfully respond to majority support petitions. Despite these concerns, the ALRB adopted nearly all of its proposed regulations. 

The regulations became effective on April 7, 2025.