California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 12 - Conflict of Interest Code › Appendix A

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Disclosure
						  Employees
Designated Categories
The Chairman and All Board Members
						  ..........................
.......................... 1,2,3
Board
						  Counsel..........................
..........................
						  1,2,3
Senior Board Counsel..........................
.......................... 1,2,3
The Executive Secretary..........................
.......................... 1,2,3
The Deputy Executive
						  Secretary..........................
..........................
						  1,2,3
Chief Administrative Law
						  Judge..........................
..........................
						  1,2,3
Administrative Law Judges..........................
.......................... 1
Hearing Site Clerk..........................
.......................... 3
The General Counsel..........................
.......................... 1,2,3
The Deputy General Counsel..........................
.......................... 1,2,3
Assistant General Counsel..........................
.......................... 1
Legal Counsel..........................
.......................... 1
Staff Counsel III..........................
.......................... 1
Field Examiners..........................
.......................... 1
Regional Directors..........................
.......................... 1,2,3
Chief of Administration..........................
.......................... 2,3
Fiscal Officer..........................
.......................... 2,3
Staff Services Manager..........................
.......................... 2
Business Services Officer
						  ..........................
.......................... 2,3
Accounting Officer..........................
.......................... 2,3
Consultants..........................
.......................... *
Disclosure Categories
1.
Designated employees in Category 1 must
				  report:
(a) All investments and business positions in, and income,
				  including gifts, loans and travel payments, from any business entity which does
				  business in agriculture or is an agricultural employer, farm labor contractor,
				  labor organization or representative;
(b) Interests in real property which, during the past two
				  years, have been used in agriculture or agricultural activity, or which
				  foreseeably may be so used.
2.
Designated employees in Category 2 must
				  report:
(a) Investments and business positions in, and income,
				  including gifts, loans and travel payments, from any business entity of the
				  type that has contracted, within the last two (2) years, with the Agricultural
				  Labor Relations Board to provide services, supplies, materials, machinery or
				  equipment to the Board.
3.
Designated employees in Category 3 must
				  report:
(a) Investments and business positions in, and income,
				  including gifts, loans and travel payments, from any business entity which is
				  of the type that has arranged within the last two (2) years to provide premises
				  for lease, rental, or sale to the Agricultural Labor Relations Board or the
				  State of California on behalf of the Board;
(b) Interests in real property located in California which
				  have been arranged for by the Agricultural Labor Relations Board or the State
				  of California on behalf of the Board as premises, such as office or storage
				  space, hearing rooms, etc. The designated employee is required to report such
				  interest in real property if it is foreseeable that said property may be the
				  subject of such an arrangement, lease, rental, or sale.
* Consultants shall be included in the list of designated
				  employees and shall disclose pursuant to the broadest disclosure category in
				  the code subject to the following limitations:
The Executive Secretary may determine in writing that a
				  particular consultant, although a "designated position," is hired to perform a
				  range of duties that are limited in scope and thus is not required to fully
				  comply with the disclosure requirements described in this section. Such written
				  determination shall include a description of the consultant's duties and, based
				  on that description, a statement of the extent of the disclosure requirements.
				  The Executive Secretary's determination is a public record and shall be
				  retained for public inspection in the same manner and location as this conflict
				  of interest code.
Definitions
"
Agricultural employer
" as defined by Labor
				  Code Section
				  1140.4
				  (c) means any person acting directly or
				  indirectly in the interest of an employer in relation to an agricultural
				  employee, any individual grower, corporate grower, cooperative grower,
				  harvesting association, hiring association, land management group, any
				  association of persons or cooperatives engaged in agriculture, and shall
				  include any person who owns or leases or manages land used for agricultural
				  purposes.
"Agriculture"
or "
In
				  agriculture
" as defined by Labor Code Section
				  1140.4
				  (a) means farming in all its branches, and
				  among other things, includes the cultivation and tillage of the soil, dairying,
				  the production, cultivation, growing, and harvesting of any agricultural or
				  horticultural commodities (including commodities defined in any agricultural
				  commodities in Section
				  1141 j (g) of Title 12 of the
				  United States Code), the raising of livestock, bees, furbearing animals, or
				  poultry, and any practices (including any forestry or lumbering operations)
				  performed by a farmer or on a farm as an incident to or in conjunction with
				  such farming operations, including preparation for market and delivery to
				  storage or to market or to carriers for transportation to market. The
				  definition of Section
				  1140.4
				  (a) of the Labor Code is hereby incorporated
				  by reference into this Code.
"
Doing Business in Agriculture.
" Any
				  business or source of income that engages in the processing and/or distribution
				  of agricultural or food products, or the manufacture or sale of farm equipment
				  or farm supplies; or whose primary course of activity is the transportation of
				  agricultural products is deemed to be doing business in agriculture.
"Farm Labor Contractor"
as defined by Labor
				  Code Section
				  1682
				  (b) means any person who, for a fee, employs
				  workers to render personal services in connection with the production of any
				  farm products to, for, or under the direction of a third person, or who
				  recruits, solicits, supplies, or hires workers on behalf of any employer
				  engaged in the growing or producing of farm products, and who, for a fee,
				  provides in connection therewith one or more of the following services:
				  furnishes board, lodging, or transportation for such workers; supervises,
				  times, checks, counts, weighs, or otherwise directs or measures their work; or
				  disburses wage payments to such persons, whether licensed or unlicensed.
"Labor Organization"
as defined by Labor
				  Code Section
				  1140.4(f).1
				  means any organization of any kind, or any agency or employee representation
				  committee or plan, in which employees participate and which exists, in whole or
				  in part, for the purpose of dealing with concerning grievances, labor disputes,
				  wages, rates of pay, hours of employment, or conditions of work for
				  agricultural employees.
"Representative"
is any individual, group or
				  organization which stands in the place of or represents the interests of any
				  person or entity in agriculture, agricultural employer, farm labor contractor
				  or labor organization. "Representative" shall include, but not be limited to
				  business agents, labor relations personnel, legal representatives, or trade
				  associations.