reglab/statecodes huggingface dataset:
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7 - Jurisdictional Strikes › Section 1118.

1118. As used in this chapter, “jurisdictional strike” means a concerted refusal to perform work for an employer or any other concerted interference with an employer’s operation or business, arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to bargain collectively with an employer on behalf of his employees or any of them, or arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to have its members perform work for an employer.
(Added by Stats. 1947, Ch. 1388.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7 - Jurisdictional Strikes › Section 1119.

1119. Nothing in this chapter shall be construed to interfere with collective bargaining subject to the prohibitions herein set forth, nor to prohibit any individual voluntarily becoming or remaining a member of a labor organization, or from personally requesting any other individual to join a labor organization.
(Added by Stats. 1947, Ch. 1388.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7 - Jurisdictional Strikes › Section 1120.

1120. If any provision of this chapter or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
(Added by Stats. 1947, Ch. 1388.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7 - Jurisdictional Strikes › Section 1122.

1122. Any person who organizes an employee group which is financed in whole or in part, interfered with or dominated or controlled by the employer or any employer association, as well as such employer or employer association, shall be liable to suit by any person who is injured thereby. Said injured party shall recover the damages sustained by him and the costs of suit.
(Added by Stats. 1955, Ch. 1417.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7.5 - Collective Bargaining Agreements › Section 1126.

1126. Any collective bargaining agreement between an employer and a labor organization shall be enforceable at law or in equity, and a breach of such collective bargaining agreement by any party thereto shall be subject to the same remedies, including injunctive relief, as are available on other contracts in the courts of this State.
(Added by Stats. 1941, Ch. 1188.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7.5 - Collective Bargaining Agreements › Section 1127.

1127. (a) Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause shall be binding upon and enforceable against any successor employer who succeeds to the contracting employer’s business until the expiration date of the agreement stated in the agreement. No such successor clause shall be binding upon or enforceable against any successor employer for more than three years from the effective date of the collective bargaining agreement between the contracting employer and the labor organization.
(b) As used in this section, “successor employer” means any purchaser, assignee, or transferee of a business the employees of which are subject to a collective bargaining agreement, if such purchaser, assignee, or transferee conducts or will conduct substantially the same business operation, or offer the same service, and use the same physical facilities, as the contracting employer.
(c) This section shall not apply to a receiver or trustee in bankruptcy of any contracting employer who has gone into receivership or bankruptcy, or to any employer who acquires a business from a receiver or trustee in bankruptcy, or to any employer which is a public entity, or to any employer who is subject to the National Labor Relations Act, Agricultural Labor Relations Act of 1975, or the Railway Labor Act.
(d) An employer who is a party to a collective bargaining agreement containing a successor clause has the affirmative duty to disclose the existence of such agreement and such clause to any successor employer. Such disclosure requirement shall be satisfied by including in any contract of sale, agreement to purchase, or any similar instrument of conveyance, a statement that the successor employer is bound by such successor clause as provided for in the collective bargaining agreement.
(Added by Stats. 1976, Ch. 1057.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 7.5 - Collective Bargaining Agreements › Section 1128.

1128. (a) Where a party to a collective bargaining agreement prevails in a court action to compel arbitration of disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing party unless the other party has raised substantial and credible issues involving complex or significant questions of law or fact regarding whether or not the dispute is arbitrable under the agreement.
If the dispute is later found to be not arbitrable under the collective bargaining agreement, any award made pursuant to this subdivision shall be vacated and those sums paid to satisfy the award shall be reimbursed to the payor.
(b) Where a party to a collective bargaining agreement appeals the decision of an arbitrator regarding disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing appellee unless the appellant has raised substantial issues involving complex or significant questions of law.
(c) Where a party to a collective bargaining agreement prevails in a court action to compel compliance with the decision or award of an arbitrator or a grievance panel regarding disputes concerning the collective bargaining agreement, the court shall award attorney’s fees to the prevailing party unless the other party has raised substantial issues involving complex or significant questions of law.
(d) This section shall not apply to public employment.
(Amended by Stats. 1986, Ch. 1211, Sec. 2.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 1 - Findings and Declarations › Section 1130.

1130. The Legislature hereby makes the following findings and declarations:
Relations between organized labor and management in this state have for many years been marked by a mature adherence to the principles of good faith, collective bargaining and mutual respect for the rights, interest and well-being of working people, business and industry. The importation or use in this state of professional strikebreakers as replacements during a strike or lockout endangers such sound and beneficial relations between labor and management.
Experience in this state and in other parts of this country demonstrates that the utilization of professional strikebreakers in labor disputes is inimical to the public welfare and good order, in that such practices tend to produce and prolong industrial strife, frustrate collective bargaining and encourage violence, crimes and other disorders.
The aforementioned evils are beyond the regulation of applicable federal law, and the mitigation and correction thereof requires the exercise of the police power of this state.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 2 - Definitions › Section 1132.

1132. Unless provided otherwise, the definitions in this article govern the construction of this chapter.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 2 - Definitions › Section 1132.2.

1132.2. “Employer” means a person, partnership, firm, corporation, association, or other entity, which employs any person or persons to perform services for a wage or salary, and includes any person, partnership, firm, corporation, limited liability company, association or other entity acting as an agent of an employer, directly or indirectly.
(Amended by Stats. 1994, Ch. 1010, Sec. 180. Effective January 1, 1995.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 2 - Definitions › Section 1132.4.

1132.4. “Employee” means any person who performs services for wages or salary under a contract of employment, express or implied, for an employer.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 2 - Definitions › Section 1132.6.

1132.6. “Strike” means any concerted act of more than 50 percent of the bargaining unit employees in a lawful refusal of such employees under applicable state or federal law to perform work or services for an employer, other than work stoppages based on conflicting union jurisdictions or work stoppages unauthorized by the proper union governing body.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 2 - Definitions › Section 1132.8.

1132.8. “Lockout” means any refusal by an employer to permit any group of five or more employees to work as a result of a dispute with such employees affecting wages, hours or other terms or conditions of employment of such employees.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 2 - Definitions › Section 1133.

1133. “Professional strikebreaker” means any person other than supervisorial personnel who have been in the employ of the employer before the commencement of the strike or lockout or members of the immediate family of the owner of the place of business:
(1) Who during a period of five years immediately preceding the acts described in subdivision (2) of this section has offered himself and has been accepted on repeated occasions to two or more employers at whose places of business a strike or lockout was currently in progress, for employment for the duration of such strike or lockout for the purpose of replacing an employee or employees involved in such strike or lockout, and
(2) Who currently offers himself to an employer at whose place of business a strike or lockout is presently in progress for employment for the purpose of replacing an employee or employees involved in such strike or lockout.
As used in this section:
(a) “Repeated occasions” means on three or more occasions (exclusive of any current offer for employment in connection with a current strike or lockout).
(b) “Employment for the duration of such strike or lockout” includes employment for all or part of the duration of such strike or lockout; and, in connection therewith, includes services during all or part of such strike or lockout which began no more than one month prior to the initiation thereof, or, in the alternative, which concluded not later than one month after the termination of such strike or lockout.
(c) “Employment” means services for an employer, whether compensated by wages, salary, or any other consideration not limited to the foregoing and whether secured, arranged or paid for by an employer or any other person, partnership, firm, corporation, association or other entity.
(d) “Supervisorial personnel” means those employees who have the authority to hire, fire, reward, or discipline other employees of the employer, or who have a history of having had the authority to effectively recommend such action.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 3 - Professional Strikebreakers › Section 1134.

1134. It shall be unlawful for any employer willingly and knowingly to utilize any professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 3 - Professional Strikebreakers › Section 1134.2.

1134.2. It shall be unlawful for any professional strikebreaker willingly and knowingly to offer himself for employment or to replace an employee or employees involved in a strike or lockout at a place of business located within this state.
(Added by Stats. 1976, Ch. 1079.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 4 - Miscellaneous › Section 1136.

1136. Any person, partnership, firm, corporation, association or other entity, or officer or agent thereof, who shall violate any of the provisions of this chapter shall upon conviction thereof be subject to a fine not to exceed one thousand dollars ($1,000), or imprisonment for a period not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
(Amended by Stats. 1983, Ch. 1092, Sec. 204. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 8 - Professional Strikebreakers › ARTICLE 4 - Miscellaneous › Section 1136.2.

1136.2. If any part of the provisions of this chapter, or the application thereof, to any person or circumstance is held invalid in the final judgment of a court of competent jurisdiction, the remainder of this chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby, and this chapter shall otherwise continue in full force and effect and shall otherwise be fully operative. To this end, the provisions of this chapter, and each of them, are hereby declared to be severable.
(Amended by Stats. 1977, Ch. 579.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 10 - Unlawful Acts During Labor Disputes › Section 1138.

1138. No officer or member of any association or organization, and no association or organization, participating or interested in a labor dispute, shall be held responsible or liable in any court of this state for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of those acts.
(Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 10 - Unlawful Acts During Labor Disputes › Section 1138.2.

1138.2. No restraining order or injunctive relief shall be granted to any complainant involved in the labor dispute in question who has failed to comply with any obligation imposed by law, or who has failed to make every reasonable effort to settle that dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration.
(Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 10 - Unlawful Acts During Labor Disputes › Section 1138.3.

1138.3. No restraining order or temporary or permanent injunction shall be granted in a case involving or growing out of a labor dispute, except on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of the restraining order or injunction; and every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of the specific act or acts as may be expressly complained of in the complaint or petition filed in such case and as shall be expressly included in findings of fact made and filed by the court.
(Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 10 - Unlawful Acts During Labor Disputes › Section 1138.4.

1138.4. The term “labor dispute” as used in this chapter has the same meaning as set forth in clauses (i), (ii), and (iii) of paragraph (4) of subdivision (b) of Section 527.3 of the Code of Civil Procedure.
(Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3 - PRIVILEGES AND IMMUNITIES › CHAPTER 10 - Unlawful Acts During Labor Disputes › Section 1138.5.

1138.5. Sections 1138.1, 1138.2, and 1138.3 shall not apply to any peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code.
(Added by Stats. 1999, Ch. 616, Sec. 1. Effective January 1, 2000.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 1 - General Provisions and Definitions › Section 1140.

1140. This part shall be known and may be referred to as the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of 1975.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 1 - General Provisions and Definitions › Section 1140.2.

1140.2. It is hereby stated to be the policy of the State of California to encourage and protect the right of agricultural employees to full freedom of association, self-organization, and designation of representatives of their own choosing, to negotiate the terms and conditions of their employment, and to be free from the interference, restraint, or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. For this purpose this part is adopted to provide for collective-bargaining rights for agricultural employees.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1141.

1141. (a) There is hereby created in the Labor and Workforce Development Agency the Agricultural Labor Relations Board, which shall consist of five members.
(b) The members of the board shall be appointed by the Governor with the advice and consent of the Senate. The term of office of the members shall be five years, and the terms shall be staggered at one-year intervals. Upon the initial appointment, one member shall be appointed for a term ending January 1, 1977, one member shall be appointed for a term ending January 1, 1978, one member shall be appointed for a term ending January 1, 1979, one member shall be appointed for a term ending January 1, 1980, and one member shall be appointed for a term ending January 1, 1981. Any individual appointed to fill a vacancy of any member shall be appointed only for the unexpired term of the member to whose term he or she is succeeding. The Governor shall designate one member to serve as chairperson of the board. Any member of the board may be removed by the Governor, upon notice and hearing, for neglect of duty or malfeasance in office, but for no other cause.
(Amended by Stats. 2002, Ch. 859, Sec. 12. Effective January 1, 2003.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1142.

1142. (a) The principal office of the board shall be in Sacramento, but it may meet and exercise any or all of its power at any other place in California.
(b) Besides the principal office in Sacramento, as provided in subdivision (a), the board may establish offices in such other cities as it shall deem necessary. The board may delegate to the personnel of these offices such powers as it deems appropriate to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists, to direct an election by a secret ballot pursuant to the provisions of Chapter 5 (commencing with Section 1156), and to certify the results of such election, or to certify a labor organization pursuant to Section 1156.37 and to investigate, conduct hearings and make determinations relating to unfair labor practices. The board may review any action taken pursuant to the authority delegated under this section upon a request for a review of such action filed with the board by an interested party. Any such review made by the board shall not, unless specifically ordered by the board, operate as a stay of any action taken. The entire record considered by the board in considering or acting upon any such request or review shall be made available to all parties prior to such consideration or action, and the board’s findings and action thereon shall be published as a decision of the board.
(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 7, Sec. 1. (AB 113) Effective May 15, 2023. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 2 of Stats. 2023, Ch. 7.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1142.

1142. (a) The principal office of the board shall be in Sacramento, but it may meet and exercise any or all of its power at any other place in California.
(b) Besides the principal office in Sacramento, as provided in subdivision (a), the board may establish offices in such other cities as it shall deem necessary. The board may delegate to the personnel of these offices such powers as it deems appropriate to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists, to direct an election by a secret ballot pursuant to the provisions of Chapter 5 (commencing with Section 1156), and to certify the results of such election, and to investigate, conduct hearings and make determinations relating to unfair labor practices. The board may review any action taken pursuant to the authority delegated under this section upon a request for a review of such action filed with the board by an interested party. Any such review made by the board shall not, unless specifically ordered by the board, operate as a stay of any action taken. The entire record considered by the board in considering or acting upon any such request or review shall be made available to all parties prior to such consideration or action, and the board’s findings and action thereon shall be published as a decision of the board.
(c) This section shall be operative January 1, 2028.
(Repealed (in Sec. 1) and added by Stats. 2023, Ch. 7, Sec. 2. (AB 113) Effective May 15, 2023. Operative January 1, 2028, by its own provisions.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1142.5.

1142.5. (a) The board shall maintain, at its principal office, a telephone line 24 hours a day, seven days a week, for the purpose of providing interested persons with information concerning their rights and responsibilities under this part, or for referring such persons to the appropriate agency or entity with the capacity to render advice or help in dealing with any situation arising out of agricultural labor disputes.
In order to carry out its responsibilities pursuant to this subdivision, the board may contract with an answering service to receive telephone messages during periods of time that its principal office is normally not open for business. Such messages shall be transmitted to the board on the board’s next business day, or at such earlier time as the board specifies, or to its designated representative at the earliest possible time.
(b) Whenever a petition for an election has been filed in a bargaining unit in which a majority of the employees are engaged in a strike, the necessary and appropriate services of the board in the region in which the election will be held shall be available to the parties involved 24 hours a day until the election is held.
(Amended by Stats. 1979, Ch. 468.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1143.

1143. The board shall, at the close of each fiscal year, make a report in writing to the Legislature and to the Governor stating in detail the cases it has heard, the decisions it has rendered, the names, salaries, and duties of all employees and officers in the employ or under the supervision of the board, and an account of all moneys it has disbursed.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1144.

1144. The board may from time to time make, amend, and rescind, in the manner prescribed in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, such rules and regulations as may be necessary to carry out this part.
(Amended by Stats. 1983, Ch. 142, Sec. 99.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1144.5.

1144.5. (a) Notwithstanding Section 11425.10 of the Government Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to a hearing by the board under this part, except a hearing to determine an unfair labor practice charge.
(b) Notwithstanding Sections 11425.30 and 11430.10 of the Government Code, in a hearing to determine an unfair labor practice charge, a person who has participated in a determination of probable cause, injunctive or other pre-hearing relief, or other equivalent preliminary determination in an adjudicative proceeding may serve as presiding officer or as a supervisor of the presiding officer or may assist or advise the presiding officer in the same proceeding.
(Added by Stats. 1995, Ch. 938, Sec. 73. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1145.

1145. The board may appoint an executive secretary and such attorneys, hearing officers, administrative law officers, and other employees as it may from time to time find necessary for the proper performance of its duties. Attorneys appointed pursuant to this section may, at the discretion of the board, appear for and represent the board in any case in court. All employees appointed by the board shall perform their duties in an objective and impartial manner without prejudice toward any party subject to the jurisdiction of the board.
(Amended by Stats. 1978, Ch. 1072.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1146.

1146. The board is authorized to delegate to any group of three or more board members any or all the powers which it may itself exercise. A vacancy in the board shall not impair the right of the remaining members to exercise all the powers of the board, and three members shall at all times constitute a quorum. A vacancy shall be filled in the same manner as an original appointment.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1147.

1147. Each member of the board shall receive the salary provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1983, Ch. 803, Sec. 40.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1148.

1148. The board shall follow applicable precedents of the National Labor Relations Act, as amended.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1149.

1149. There shall be a general counsel of the board who shall be appointed by the Governor, subject to confirmation by a majority of the Senate, for a term of four years. The general counsel shall have the power to appoint such attorneys, administrative assistants, and other employees as necessary for the proper exercise of his duties. The general counsel of the board shall exercise general supervision over all attorneys employed by the board (other than administrative law officers and legal assistants to board members), and over the officers and employees in the regional offices. He shall have final authority, on behalf of the board, with respect to the investigation of charges and issuance of complaints under Chapter 6 (commencing with Section 1160) of this part, and with respect to the prosecution of such complaints before the board. He shall have such other duties as the board may prescribe or as may be provided by law. All employees appointed by the general counsel shall perform their duties in an objective and impartial manner without prejudice toward any party subject to the jurisdiction of the board. In case of a vacancy in the office of the general counsel, the Governor is authorized to designate the officer or employee who shall act as general counsel during such vacancy, but no person or persons so designated shall so act either (1) for more than 40 days when the Legislature is in session unless a nomination to fill such vacancy shall have been submitted to the Senate, or (2) after the adjournment sine die of the session of the Senate in which such nomination was submitted.
(Amended by Stats. 1978, Ch. 1072.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1149.3.

1149.3. (a) In cases that the board is required to determine the specific amount of a monetary remedy before issuing a final board order pursuant to Section 1160.3, the determination shall be completed within one year of any board order finding unfair labor practice liability and directing the payment of a monetary remedy.
(b) In cases that a determination is made concerning the amount of a monetary remedy that is continuing to accrue as described in Section 1160.3, and the board is required to determine any additional portion of the monetary remedy that has accrued after a final decision on employer liability, the board shall process to final board order a decision concerning the additional amount or amounts owed within one year of a final decision on employer liability, unless the board certifies to the parties that there is good cause for exceeding this time limit and provides a reasoned explanation for the assertion of good cause. For purposes of this subdivision, “final decision on employer liability” means the date when a board order determining the specific amount of a monetary remedy owed by a respondent found to have engaged in an unfair labor practice becomes final because no appeal was sought or the date when a reviewing court dismisses an employer’s appeal or otherwise affirms the board’s order.
(c) If an employer’s liability and compliance proceedings are consolidated, the board shall act reasonably and without delay in reaching a final decision concerning the liability and amounts owed to workers, and shall explain to the parties any good cause for delay.
(Amended by Stats. 2023, Ch. 7, Sec. 3. (AB 113) Effective May 15, 2023.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 1 - Agricultural Labor Relations Board: Organization › Section 1150.

1150. Each member of the board and the general counsel of the board shall be eligible for reappointment, and shall not engage in any other business, vocation, or employment.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 2 - Investigatory Powers › Section 1151.

1151. For the purpose of all hearings and investigations, which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by Chapters 5 (commencing with Section 1156) and 6 (commencing with Section 1160) of this part:
(a) The board, or its duly authorized agents or agencies, shall at all reasonable times have access to, for the purpose of examination, and the right to copy, any evidence of any person being investigated or proceeded against that relates to any matter under investigation or in question. The members of the board or their designees or their duly authorized agents shall have the right of free access to all places of labor. The board, or any member thereof, shall upon application of any party to such proceedings, forthwith issue to such party subpoenas requiring the attendance and testimony of witnesses or the production of any evidence in such proceeding or investigation requested in such application. Within five days after the service of a subpoena on any person requiring the production of any evidence in his possession or under his control, such person may petition the board to revoke, and the board shall revoke, such subpoena if in its opinion the evidence whose production is required does not relate to any matter under investigation, or any matter in question in such proceedings, or if in its opinion such subpoena does not describe with sufficient particularity the evidence whose production is required. Any member of the board, or any agent or agency designated by the board for such purposes, may administer oaths and affirmations, examine witnesses, and receive evidence. Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing.
(b) In case of contumacy or refusal to obey a subpoena issued to any person, any superior court in any county within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which such person allegedly guilty of contumacy or refusal to obey is found or resides or transacts business, shall, upon application by the board, have jurisdiction to issue to such person an order requiring such person to appear before the board, its member, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 2 - Investigatory Powers › Section 1151.2.

1151.2. (a) No person shall be excused from attending and testifying, or from producing books, records, correspondence, documents, or other evidence in obedience to the subpoena of the board, on the ground that the testimony or evidence required of him may tend to incriminate him or subject him to a penalty or forfeiture. However, no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
(b) No individual shall be granted immunity pursuant to subdivision (a) unless, at least 10 calendar days prior thereto, the board has given written notice, by registered mail, to the district attorney of each county who may have reasonable grounds for objecting to such grant of immunity. Such notice shall specify the subject matter of the inquiries to which the witness’ answers are to be immunized from use.
The board may not grant immunity in any case where it finds that a district attorney has reasonable grounds for objecting to such grant of immunity provided that the board may disregard objections that are not accompanied by the declaration of the district attorney that he or she is familiar with the notice and which sets forth the grounds for resisting such grant of immunity.
(Amended by Stats. 1980, Ch. 1282.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 2 - Investigatory Powers › Section 1151.3.

1151.3. Any party shall have the right to appear at any hearing in person, by counsel, or by other representative.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 2 - Investigatory Powers › Section 1151.4.

1151.4. (a) Complaints, orders, and other process and papers of the board, its members, agents, or agency, may be served either personally or by registered mail or by telegraph, or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving the same setting forth the manner of such service shall be proof of the same, and the return post office receipt or telegraph receipt therefor when registered and mailed or telegraphed as provided in this subdivision shall be proof of service of the same. Witnesses summoned before the board, its members, agents, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of the state, and witnesses whose depositions are taken and the persons taking the same shall severally be entitled to the same fees as are paid for like services in the courts of the state.
(b) All process of any court to which application may be made under this part may be served in the county where the defendant or other person required to be served resides or may be found.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 2 - Investigatory Powers › Section 1151.5.

1151.5. The several departments and agencies of the state upon request by the board, shall furnish the board all records, papers, and information in their possession, not otherwise privileged, relating to any matter before the board.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 2 - Agricultural Labor Relations Board › ARTICLE 2 - Investigatory Powers › Section 1151.6.

1151.6. Any person who shall willfully resist, prevent, impede, or interfere with any member of the board or any of its agents or agencies in the performance of duties pursuant to this part shall be guilty of a misdemeanor, and shall be punished by a fine of not more than five thousand ($5,000) dollars.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 3 - Rights of Agricultural Employees › Section 1152.

1152. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of continued employment as authorized in subdivision (c) of Section 1153.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 4 - Unfair Labor Practices and Regulation of Secondary Boycotts › Section 1153.

1153. It shall be an unfair labor practice for an agricultural employer to do any of the following:
(a) To interfere with, restrain, or coerce agricultural employees in the exercise of the rights guaranteed in Section 1152.
(b) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. However, subject to such rules and regulations as may be made and published by the board pursuant to Section 1144, an agricultural employer shall not be prohibited from permitting agricultural employees to confer with him during working hours without loss of time or pay.
(c) By discrimination in regard to the hiring or tenure of employment, or any term or condition of employment, to encourage or discourage membership in any labor organization.
Nothing in this part, or in any other statute of this state, shall preclude an agricultural employer from making an agreement with a labor organization (not established, maintained, or assisted by any action defined in this section as an unfair labor practice) to require as a condition of employment, membership therein on or after the fifth day following the beginning of such employment, or the effective date of such agreement whichever is later, if such labor organization is the representative of the agricultural employees as provided in Section 1156 in the appropriate collective-bargaining unit covered by such agreement. No employee who has been required to pay dues to a labor organization by virtue of his employment as an agricultural worker during any calendar month, shall be required to pay dues to another labor organization by virtue of similar employment during such month. For purposes of this chapter, membership shall mean the satisfaction of all reasonable terms and conditions uniformly applicable to other members in good standing; provided, that such membership shall not be denied or terminated except in compliance with a constitution or bylaws which afford full and fair rights to speech, assembly, and equal voting and membership privileges for all members, and which contain adequate procedures to assure due process to members and applicants for membership.
(d) To discharge or otherwise discriminate against an agricultural employee because he has filed charges or given testimony under this part.
(e) To refuse to bargain collectively in good faith with labor organizations certified pursuant to the provisions of Chapter 5 (commencing with Section 1156) of this part.
(f) To recognize, bargain with, or sign a collective-bargaining agreement with any labor organization not certified pursuant to the provisions of this part.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)
2023 California Code › Labor Code - LAB › DIVISION 2 - EMPLOYMENT REGULATION AND SUPERVISION › PART 3.5 - AGRICULTURAL LABOR RELATIONS › CHAPTER 4 - Unfair Labor Practices and Regulation of Secondary Boycotts › Section 1154.5.

1154.5. It shall be an unfair labor practice for any labor organization which represents the employees of the employer and such employer to enter into any contract or agreement, express or implied, whereby such employer ceases or refrains, or agrees to cease or refrain, from handling, using, selling, transporting, or otherwise dealing in any of the products of any other employer, or to cease doing business with any other person, and any contract or agreement entered into heretofore or hereafter containing such an agreement shall be, to such extent, unenforceable and void. Nothing in this section shall apply to an agreement between a labor organization and an employer relating to a supplier of an ingredient or ingredients which are integrated into a product produced or distributed by such employer where the labor organization is certified as the representative of the employees of such supplier, but no collective-bargaining agreement between such supplier and such labor organization is in effect. Further, nothing in this section shall apply to an agreement between a labor organization and an agricultural employer relating to the contracting or subcontracting of work to be done at the site of the farm and related operations. Nothing in this part shall prohibit the enforcement of any agreement which is within the foregoing exceptions.
Nor shall anything in this section be construed to apply or be applicable to any labor organization in its representation of workers who are not agricultural employees. Any such labor organization shall continue to be governed in its intrastate activities for nonagricultural workers by Section 923 and applicable judicial precedents.
(Added by Stats. 1975, 3rd Ex. Sess., Ch. 1.)