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Notice of Proposed Regulatory Action – Notice File No. Z2024-0226-02
This proposed regulatory action implements statutory amendments to the Agricultural Labor Relations Act enacted by Assembly Bill No. 113 (AB 113), Statutes of 2023, chapter 7. Specifically, this proposed rulemaking provides guidance regarding the processing of majority support petitions under new Labor Code section 1156.37, restructures the rules governing the Board’s unfair labor practice compliance proceedings, and provides instructions regarding the posting of appellate bonds in unfair labor practice and mandatory mediation and conciliation proceedings. This proposed rulemaking also implements procedures for determining and assessing civil penalties in unfair labor practice proceedings under Labor Code section 1160.10, as enacted by Assembly Bill No. 2183 (AB 2183), Statutes of 2022, chapter 673.
On June 21, 2024, the Agricultural Labor Relations Board provided notice of modifications to these proposed regulations concerning the implementation of recent statutory amendments to the Agricultural Labor Relations Act and of materials added to the Board’s rulemaking file for this matter. Any interested person, or the representative of any interested person, may submit written comments relevant to the proposed modifications to the proposed regulatory text or the documents added to the rulemaking file. Comments may be submitted by email to Santiago Avila-Gomez, Executive Secretary, at Santiago.Avila-Gomez@alrb.ca.gov. Written comments also may be submitted by mail to Santiago Avila-Gomez, Executive Secretary, Agricultural Labor Relations Board, 1325 J Street, Suite 1900-B, Sacramento, CA 95814. The public comment period closes on July 22, 2024, which is 31 days after publication of the notice of proposed rulemaking.
31-Day Notice Materials [Gov. Code, § 11346.8, subd. (c)]
- Notice of Modifications to Text of Proposed Regulations and of Addition of Documents to Rulemaking File – contains information about the modifications to the proposed regulatory text.
- Addendum to Initial Statement of Reasons in Support of Proposed Regulatory Action – provides further explanation for reasons why certain of the proposed changes are being made.
- Modified Regulatory Text. – the text of the proposed regulations.
Public Comments
- UFW Comments to ALRB re Proposed Regs on AB 113 July 15, 2024
- Assembly Member, AD-29 (Ret.) comments to ALRB re Proposed Regs on AB 113 July 18, 2024
- California Labor Federation Comments to ALRB re Proposed Regs on AB 113 July 22, 2024
Initial Notice Materials
- Notice of Proposed Rulemaking – contains information about the proposed regulatory changes and procedural information
- Express Terms of the Proposed Regulatory Text – the text of the proposed regulations
- Initial Statement of Reasons – explains the reasons why the proposed regulatory changes are being made
Public Comments
- California Association of Winegrape Growers, April 22, 2024
- California Farm Bureau, April 22, 2024
- Agricultural Council of California, April 22, 2024
- California Fresh Fruit Association & California Citrus Mutual, April 22, 2024
- San Diego County Farm Bureau, April 22, 2024
- ALRB Regional Directors, April 22, 2024
- Western Growers, April 22, 2024
Subcommittee Reports Re: Public Comments
Pre-Rulemaking: AB 113 Implementing Regulations
On June 9, 2023, the Agricultural Labor Relations Board’s Regulations Subcommittee published a report regarding proposed regulations to implement the recent statutory amendments to the Agricultural Labor Relations Act enacted by Assembly Bill No. 113 (2023-2024 Reg. Sess.; Stats. 2023, ch. 7), which took effect on May 15, 2023. The subcommittee hosted a public workshop meeting on June 23, 2023, to receive input from interested parties and stakeholders and members of the public regarding the proposed regulations.
On September 27, 2023, the Regulations Subcommittee published a report setting forth updated proposed regulatory language to implement the provisions of AB 113. Specifically, the subcommittee’s report includes proposals designed to implement the new majority support petition 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 Labor Code sections 1149.3, 1160.3, 1160.11, and 1164.5. On October 4, 2023, the Board approved the Regulations Subcommittee’s proposed regulatory language as set forth in its September 27, 2023 Report.
- Subcommittee Report and Draft Regulations Regarding Proposed Rulemaking (AB 113): Majority Support Petitions and Appeal Bonds
- Report of the Regulations Subcommittee Regarding Proposed Regulations to Implement the Provisions of AB 113, June 9, 2023
- June 23, 2023 Regulations Subcommittee Public Workshop Notice
Public Comments
