Rulemaking: ALRB Procedural Revisions

Notice of Approval of Regulatory Action

The Office of Administrative Law approved OAL File Nos. 2023-0215-02S and 2023-0718-04SR, and filed the regulatory action with the Secretary of State on August 29, 2023. This rulemaking updates the Agricultural Labor Relations Board’s procedures regarding the filing and service of documents, unfair labor practice proceedings, representation proceedings, and mandatory mediation and conciliation proceedings, as well as changing gendered language to gender-neutral language and making other non-substantive changes.

The regulations become effective on October 1, 2023, and the strikeout/underline text can be found here.

Notice of Proposed Regulatory Action – Notice File No. Z2022-1121-01

The proposed amendments update the Board’s procedures regarding filing and service of documents with the ALRB, unfair labor practice, representation, and mandatory mediation and conciliation proceedings.

On May 16, 2023, the Agricultural Labor Relations Board provided notice of modifications to these proposed regulations concerning updates to the Board’s administrative procedures 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 written comment period closes on May 31, 2023, which is 15 days after the publication of this notice.

15-Day Notice Materials

• 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

• California Farm Bureau Public Comment

• Report of the Regulations Subcommittee – Public Comments, June 14, 2023

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

• UFCW Western States Council and California Teamsters Public Affairs Council Public Comment
• Report of the Regulations Subcommittee – Public Comments, Jan. 23, 2023

Preliminary Rulemaking Activities

The Board approved this proposed rulemaking at its February 22, 2022 public meeting. Information regarding the Board’s pre-rulemaking activities is listed below:

• Report of the Regulations Subcommittee – Regs. 20202, 20220, Feb. 11, 2022
• Updated Regulatory Proposal – Cannabis, Feb. 11, 2022
• Updated Regulatory Proposals – Mandatory Mediation and Conciliation, Feb. 11, 2022
• Updated Regulatory Proposals – Procedural Provisions and Unfair Labor Practices, Feb. 11, 2022
• Updated Regulatory Proposals – Representation Proceedings (Elections), Feb. 11, 2022
• ALRB General Counsel Public Comment
• Barsamian & Moody Public Comment
• Ventura County Agricultural Association Public Comment
• ALRB Regulation Subcommittee Accepting Written Public Comments Until October 29, 2021
• Regulatory Proposals – Mandatory Mediation and Conciliation, Sept. 22, 2021
• Regulatory Proposals – Procedural Provisions and Unfair Labor Practices, Sept. 22, 2021
• Regulatory Proposals – Representation Proceedings (Elections), Sept. 22, 2021
• Regulatory Proposals – Cannabis, Sept. 22, 2021
• Regulatory Proposals – Filing and Service Regulations, Sept. 22, 2021
• Regulatory Proposals – Gendered Language Changes, Sept. 22, 2021
• Regulations Subcommittee Report, April 7, 2021
• Regulation Subcommittee – Public Workshop Meeting Notice, March 11, 2021