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.

The Board approved the regulatory package on December 11, 2024, and submitted the file to the Office of Administrative Law (OAL) on January 10, 2025. OAL has until February 25, 2025, to make a final determination (OAL File No. 2025-0110-01).

Final Express Terms of the Modified Proposed Regulatory Text, December 30, 2024

Updated Informative Digest 2024-12-30 [Z2024_00226_02]

Final Statement of Reasons in Support of Proposed Regulatory Action

Public Meeting Summary Re: Final Approval of Regulatory package, December 11, 2024

Subcommittee Report

15-Day Notice Materials [Gov. Code, § 11346.8, subd. (c)], November 1, 2024

Subcommittee Reports Re: Public Comments

Public Comments

15-Day Notice Materials [Gov. Code, § 11346.8, subd. (c)], October 2, 2024

Subcommittee Reports Re: Public Comments

Public Comments

31-Day Notice Materials [Gov. Code, § 11346.8, subd. (c)], June 21, 2024

Subcommittee Reports Re: Updated Proposed Modifications to Proposed Rulemaking

Public Comments

Subcommittee Reports Re: Public Comments

Public Comments

Initial Notice Materials. March 8, 2024

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.

 

Public Comments

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