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Notice of Approval of Regulatory Action
The Office of Administrative Law approved file no. 2025-0304-01SR, and filed the regulatory action with the Secretary of State on April 7, 2025. This rulemaking implements statutory amendments to the Agricultural Labor Relations Act enacted by Assembly Bill No. 113 (AB 113), Statutes of 2023, chapter 7. Specifically, the approved regulations provide 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. The approved regulations also implement 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 regulations became effective on April 7, 2025, and the strikeout/underline text can be found here.
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 File No. 2025-0110-01). At the end of OAL’s 30-working day review period, OAL identified technical issues with the file which could not be resolved before the end of the 30-working day review period. The Board then withdrew rulemaking file 2025-0110-01. Per OAL instruction, the Board resubmitted its file on March 4, 2025, triggering an additional 30-working day review period (OAL File No. 2025-03-04-01SR). The new 30-day review period ends on April 16, 2025.
March 26, 2025 subcommittee report
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
- Notice of Further Modifications to Text of Proposed Regulations and of Addition of Documents to Rulemaking File – contains information about the modifications to the proposed regulatory text.
- Third 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.
- Further Modified Regulatory Text – the text of the proposed regulations.
Subcommittee Reports Re: Public Comments
- October 25, 2024 Subcommittee Report
- Subcommittee’s Further Updated Proposed Modified Regulatory Text
Public Comments
- Western Growers Comments to ALRB re Proposed Regs on AB 113 October 17, 2024
- California Farm Bureau Comments to ALRB re Proposed Regs on AB 113 October 17, 2024
- Barsamian & Moody Comments to ALRB re Proposed Regs on AB 113 October 17, 2024
- United Farm Workers Comments to ALRB re Proposed Regs on AB 113 October 16, 2024
- ALRB Regional Director Comment to ALRB re Proposed Regs on AB 113 September 30, 2024
15-Day Notice Materials [Gov. Code, § 11346.8, subd. (c)], October 2, 2024
- Notice of Further Modifications to Text of Proposed Regulations and of Addition of Documents to Rulemaking File – contains information about the modifications to the proposed regulatory text.
- Second 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.
- Further Modified Regulatory Text – the text of the proposed regulations.
Subcommittee Reports Re: Public Comments
- September 11, 2024 Subcommittee Report
- Subcommittee’s Further Updated Proposed Modified Regulatory Text
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
31-Day Notice Materials [Gov. Code, § 11346.8, subd. (c)], June 21, 2024
- 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.
Subcommittee Reports Re: Updated Proposed Modifications to Proposed Rulemaking
Public Comments
Subcommittee Reports Re: Public Comments
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
Initial Notice Materials. March 8, 2024
- 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
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
