Mandatory Mediation and Conciliation

On September 30, 2002, Governor Davis signed two companion bills, SB 1156 and AB 2596, that amended the Agricultural Labor Relations Act, effective January 1, 2003, to provide for binding mediation in selected circumstances where the parties have been unable to reach a collective bargaining agreement. The bills apply only if the employer has employed 25 or more agricultural employees during any calendar week in the year preceding the filing of the request for mediation. In addition, the bills sunset on January 1, 2008 unless future legislation deletes or extends that date.

If the certification of the union occurred after January 1, 2003, the mediation process may be triggered where at least 180 days have elapsed after the initial demand to bargain. If the certification occurred prior to January 1, 2003, the process may be triggered 90 days after a renewed demand to bargain, and where the following conditions are met:

1. The parties have failed to reach agreement for at least one year after the union made its initial demand to bargain;
2. The employer has committed an unfair labor practice; and
3. The parties have not previously had a binding contract between them.

Once a mediator is selected in accordance with the process set forth in the legislation and implementing regulations, the mediation will continue for 30 days, with an option for an extension of 30 days if mutually agreed by the parties. If this process does not result in resolution of all issues to the mutual satisfaction of the parties, the mediator will certify that the process has been exhausted. Thereafter, the mediator will have 21 days to file a report that establishes the terms of a collective bargaining agreement. The new law further provides for Board review of the mediator's report and appellate court review of the Board's decisions.

On May 7, 2003, the regulations adopted by the Board on March 4 and March 26, 2003 to implement SB 1156 and AB 2596 were approved by the Office of Administrative Law.As requested, the regulations went into effect upon filing with the Secretary of State, which also occurred on May 7. The Board's entire regulations are codified at Title 8, California Code of Regulations, section 20100, et seq., and may be found on this website under "information." The regulations specific to the mandatory mediation process are sections 20400 through 20408.

Below are links to a summary of the new law and regulations in a question and answer format and the implementing regulations.

Summary of the Law and Regulations

Mandatory Mediation and Conciliation Regulations