reglab/statecodes huggingface dataset:
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20249 - Prehearing Conference

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Prior to any hearing held pursuant to section
				20260, a pre-hearing conference
				shall be held. The conference shall be conducted by an administrative law judge
				and shall be attended by the parties or their representatives, who shall be
				familiar with the case and shall have authority with respect to all matters on
				the agenda, including settlement.
(b) Prior to the pre-hearing conference the
				parties shall confer in person or by telephone in an attempt to resolve or
				define any issues relating to compliance with the provisions of
Giumarra Vineyards
, 3 ALRB No. 21, or with outstanding
				subpoenas. Where full agreement cannot be reached, they shall agree on such
				matters as are reasonably susceptible to agreement, and on the time, place and
				manner of their compliance with such understandings and agreements. In
				addition, they shall also discuss and attempt to reach agreement on:
(1) Those facts which are not reasonably
				disputable;
(2) The identification,
				authentication and/or admissibility of all documents which are to be offered in
				evidence;
(3) Additional evidence
				to be subpoenaed if no agreement can be reached for its voluntary
				exchange;
(4) Anticipated
				evidentiary issues, including issues of privilege and work product;
(5) A firm estimate of hearing time;
				and
(6) Amendments, dismissals,
				consolidations, severances, and transfer.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20251 - Immunity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A party
				intending to call a witness who it believes will, pursuant to a claim of
				privilege against self-incrimination, refuse to testify or to produce evidence,
				and for whom the party intends to request, pursuant to section
				1151.2(b) of the
				Act, immunity from prosecution, shall file with the executive secretary a
				request that the Board grant immunity and direct the witness to testify.
(1) The request shall be filed with the
				executive secretary no later than 15 days prior to the time specified for
				compliance with the subpoena, or, if the witness is scheduled to appear at
				hearing, 15 days prior to the scheduled commencement of the hearing.
(2) A request for a grant of immunity shall
				contain the following information: the case name and number; the name of the
				witness; the details of any criminal prosecution currently pending against that
				witness; the name and address of the district attorney and United States
				Attorney of each county or district who may have reasonable grounds for
				objecting to a grant of immunity, including, but not limited to, the district
				attorney or United States Attorney for any county or district in which a
				criminal prosecution is currently pending against the witness and the district
				attorney or United States Attorney for the county or district in which the
				events to which the witness will testify occurred; why the grant of immunity to
				the witness will further the purposes and policies of the Act; and any other
				argument in support of its request that it wishes to make. A copy of the
				subpoena and any accompanying declaration shall be attached to the
				request.
(3) Immediately upon
				receipt of a request for a grant of immunity the executive secretary shall
				forward a copy of it by certified or registered mail to the California Attorney
				General and to the district attorney and United States Attonrey of each county
				or district who may have grounds for objecting to the grant of immunity. The
				request shall otherwise remain confidential unless and until the witness is
				called to testify.
Within 10 days of the date on which the executive secretary
				  serves the request, the California Attorney General, a district attorney or a
				  United States Attorney who wishes to oppose the granting of immunity to the
				  witness shall do so by filing a statement in opposition to the grant of
				  immunity with the executive secretary. The statement shall contain a
				  declaration that the prosecuting authority is familiar with the substance of
				  the request and shall set forth the grounds for opposing the grant of
				  immunity.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20255 - Refusal of a Witness to Answer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The refusal of a witness at any hearing to answer any
				  question which has been ruled proper shall, in the discretion of the
				  administrative law judge, be grounds for striking all testimony previously
				  given by such witness on related matters and/or for making such inferences as
				  may be appropriate under the circumstances, unless the refusal to answer is
				  privileged.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20260 - Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If there is a conflict in the evidence upon which an unfair
				  labor practice is based, an evidentiary hearing shall be held. The hearing
				  shall be public. If there is no conflict in the evidence, the parties may,
				  where appropriate, file with the Board a stipulated set of facts and briefs and
				  request permission to make oral arguments concerning matters of
				  law.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20261 - Time of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Hearings may be held at any time that the administrative law
				  judge considers appropriate. Hearings shall continue from day to day until
				  completed or recessed. Once a hearing has commenced, continuances or recesses
				  will not be granted except in extraordinary circumstances, and then only by
				  order of the executive secretary or, for recesses of two (2) working days or
				  less, by order of the assigned administrative law judge.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20263 - Disqualification of Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No administrative law judge shall try any
				motion, hearing, or other proceeding which involves a contested issue of law or
				fact when it shall be established as hereinafter provided that such
				administrative law judge is prejudiced against any party or attorney or the
				interest of any party or attorney appearing in such action or
				proceeding.
(b) Whenever an
				administrative law judge shall have knowledge of any fact, which by reason of
				bias or prejudice makes it appear probable that a fair and impartial hearing
				cannot be held before him or her, it shall be his or her duty to immediately
				notify the executive secretary, setting forth all reasons for his or her
				belief.
(c) Any party may request
				the administrative law judge to disqualify himself or herself whenever it
				appears that it is probable that a fair and impartial hearing cannot be held by
				the administrative law judge to whom the matter is assigned. Such request shall
				be written, or if oral, reduced to writing within 24 hours of the request. The
				request shall be under oath and shall specifically set forth all facts
				constituting the ground for the disqualification of such administrative law
				judge. The request must be made prior to the taking of any evidence in an
				evidentiary hearing or the actual commencement of any other proceeding.
If such administrative law judge admits his or her
				  disqualification, such admission shall be immediately communicated to the
				  executive secretary who shall designate another administrative law judge to
				  hear the matter.
Notwithstanding his or her disqualification, an
				  administrative law judge who is disqualified may request another administrative
				  law judge who has been agreed upon by all parties to conduct the
				  hearing.
(d) If the
				administrative law judge does not disqualify himself or herself and withdraw
				from the proceeding, he or she shall so rule on the record, state the grounds
				for the ruling, and proceed with the hearing and the issuance of the decision.
				The party requesting the disqualification may file exceptions to the hearing on
				the ground of the personal bias or disqualification of the administrative law
				judge along with exceptions to the decision.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section heading and section filed 7-8-99; operative 8-7-99
				  (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20266 - Unavailability of Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the administrative law judge assigned to a hearing becomes
				  unavailable for any reason, at any time between the beginning of the hearing
				  and the issuance of the decision, the Board may transfer the case to itself for
				  purposes of completing the hearing and decision, or the chief administrative
				  law judge may designate another administrative law judge for such
				  purpose.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
3. Amendment of section heading and section filed 7-8-99;
				  operative 8-7-99 (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code, Reference: Sections
					 1145,
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20268 - Parties, Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The necessary parties to an unfair labor practice hearing are
				  the general counsel and the respondent. The charging party may become a party
				  to the hearing as a matter of right by notifying the Board or the assigned
				  administrative law judge, orally or in writing, of its desire to intervene,
				  provided that such notice is given prior to or at the prehearing conference.
				  Thereafter, intervention shall be by motion to the assigned administrative law
				  judge who shall grant the motion upon good cause shown for the failure to
				  intervene earlier and upon such terms as he or she deems proper. Other persons
				  may intervene and thereby become party to the hearing at the discretion of the
				  executive secretary or the assigned administrative law judge by filing an
				  appropriate motion.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20269 - Rights of Parties to a Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any necessary party and any person granted party status
				  pursuant to section
				  20268 shall have the right to
				  appear at the hearing in person, or by counsel or other representative; to
				  call, examine, and cross-examine witnesses; to introduce all relevant and
				  material evidence, except that the participation of any intervening party may
				  be limited by the administrative law judge.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No. 8).
2.
				  Amendment of section filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
3. Amendment filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20270 - Exclusion from Hearing. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
2. Repealer filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20272 - Evidence. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 12-31-82; effective thirtieth day thereafter (Register 83, No.
				  1).
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20274 - Production of Statements of Witnesses After Direct Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After direct examination of a witness,
				and upon motion of any party, the administrative law judge shall order the
				production of any statements of the witness in the possession of any other
				party that relate to the subject matter of the testimony. Should the statements
				produced be in a language other than English, a translation of the statement
				shall be made by the official interpreter retained for the
				proceeding.
(b) A statement
				includes a written declaration by the witness, signed or otherwise adopted or
				approved by the witness, or a recording or transcription of a recording which
				is a verbatim recital of an oral statement that was recorded at the time the
				statement was made.
(c) If the
				party sponsoring the testimony claims that a statement ordered to be produced
				under this section contains matter which does not relate to the subject matter
				of the testimony or matter which is privileged, the party shall deliver the
				statement to the administrative law judge for private inspection. The
				administrative law judge may excise those portions of the statements which do
				not relate to the subject matter of the testimony or the subject matter of the
				hearing, or which are privileged. The remainder of the statement shall be
				delivered to the moving party.
1. Amendment
				  of subsection (a) filed 1-26-79; effective thirtieth day thereafter (Register
				  79, No. 4).
2. Editorial correction of NOTE filed 2-16-83 (Register
				  83, No. 8).
3. Amendment of subsections (a) and (c) filed 7-8-99;
				  operative 8-7-99 (Register 99, No. 28).
4. Amendment of subsections
				  (b)-(c) filed 8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1151 and
					 1160.2, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20276 - Reporting of Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The hearing and the prehearing conference shall be reported
				  or recorded by any appropriate means designated by the Board. The transcript of
				  the reporter or the recorded tapes shall constitute the official record of the
				  hearing or prehearing conference. In case of material inaccuracies, corrections
				  may be made by motion presented to the administrative law judge or, after the
				  case has been transferred, to the Board.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
3. Amendment of section filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20277 - Close of Hearing; Argument

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any party may present an oral argument on the record at the
				  close of the taking of testimony.
1. Editorial
				  correction adding NOTE filed 2-16-83 (Register 83, No.
				  8).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20278 - Briefs to the Administrative Law Judge

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in subsection (e)
				below, following the close of the hearing, any party may file a post-hearing
				brief.
(b) Where no party orders
				transcripts prior to the close of the hearing, any brief shall be filed within
				20 days of the close of the hearing or within such other period as the assigned
				administrative law judge may direct.
(c) Where any party orders a transcript prior
				to the close of the hearing, any brief shall be filed within 20 days of the
				postmark date of mailing of the last volume of the transcript or within such
				other period as the assigned administrative law judge may direct.
(d) Briefs shall be filed with the executive
				secretary and served on the parties as defined in section
				20130 and in the manner provided in
				sections 20160 and
				20166 and, in addition, a copy
				shall be served on the assigned administrative law judge. Briefs filed by
				parties shall, so far as possible, cite to those portions of the transcript
				which support their position. No brief shall exceed 50 pages in length except
				that, upon prior request, the administrative law judge may permit longer briefs
				when necessary. Any brief which exceeds 20 pages shall contain a table of
				contents and a table of authorities cited. Any table of contents or table of
				authorities shall not be counted as part of the 50 pages.
(e) The administrative law judge may order
				briefs dispensed with and the case submitted upon oral argument on the record
				at the close of the taking of testimony where:
(1) the administrative law judge assigned to
				the hearing determines:
(i) that counsel will
				be able to effectively present their positions orally and
(ii) determines that the legal and factual
				issues are not sufficiently novel or complex so as to necessitate briefing;
				and
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20279 - Administrative Law Judge's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The administrative law judge shall file a decision with the
				  executive secretary within 30 days of the administrative law judge's receipt of
				  all transcripts or records of the proceedings, exhibits, and briefs from those
				  parties who submit briefs, or within such other period as the executive
				  secretary may direct in extraordinary circumstances. The decision shall contain
				  findings of fact, conclusions of law, and the reasons for the conclusions. If
				  the administrative law judge finds that an unfair labor practice has been
				  committed, the decision shall contain an order for such affirmative action by
				  the respondent as will effectuate the policies of the Act.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Amendment filed 8-28-81; effective thirtieth day thereafter
				  (Register 81, No. 35).
3. Editorial correction of NOTE filed 2-16-83
				  (Register 83, No. 8).
4. Amendment of section heading and section
				  filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20280 - Transfer of Case to Board; Contents of Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the filing of the decision of the
				administrative law judge, the case shall be deemed transferred to the Board,
				and the executive secretary shall serve copies of the decision of the
				administrative law judge on all the parties pursuant to section
				20164.
(b) The charge upon which the complaint was
				issued and any amendments thereto, the complaint and any amendments thereto,
				notice of hearing, answer and any amendments thereto, motions, responses,
				rulings, orders, the official record of the prehearing conference and of the
				hearing, stipulations, exhibits, documentary evidence, depositions,
				post-hearing briefs, the administrative law judge's decision and exceptions
				thereto, supporting briefs, and any answering briefs as provided in section
				20282 shall constitute the record
				in the case.
1. Amendment
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
2. Editorial correction adding NOTE filed 2-16-83 (Register 83,
				  No. 8).
3. Amendment of section filed 9-20-91; operative 10-21-91
				  (Register 92, No. 4).
4. Amendment of subsection (a) filed 7-8-99;
				  operative 8-7-99 (Register 99, No. 28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20282 - Exceptions to the Administrative Law Judge's Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 20 days after the service of the
				decision of the administrative law judge, or within such other period as the
				executive secretary may direct, any party may file with the executive secretary
				for submission to the Board exceptions to the decision or any other part of the
				proceedings, with a brief in support of the exceptions, accompanied by proof of
				service, as provided in sections
				20160,
				20164,
				20166, and
				20169.
(1) The exceptions shall state the ground for
				each exception, identify by page number that part of the administrative law
				judge's decision to which exception is taken, and cite to those portions of the
				record which support the exception.
(2) A brief in support of exceptions which
				exceeds 20 pages shall contain a table of contents and a table of authorities
				cited. No brief shall exceed 50 pages in length, except that upon prior request
				the executive secretary may permit longer briefs when necessary. The table of
				contents and the table of authorities cited shall not be counted as part of the
				50 pages. If a post-hearing brief is incorporated by reference, the portions
				incorporated shall be identified by page number and shall count as part of the
				50-page limitation on the brief in support of exceptions.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20284 - Transcriptions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 3-14-78; effective thirtieth day thereafter (Register 78, No.
				  11).
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20286 - Board Action on Unfair Labor Practice Cases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If no exceptions are filed, the decision
				of the administrative law judge shall automatically become final 20 days after
				the date on which the decision of the administrative law judge is served on the
				parties. Unless expressly adopted by the Board, the statement of reasons in
				support of the decision shall be without precedent for future cases.
(b) Where one or more parties take exception
				to the decision of the administrative law judge, the Board shall review the
				applicable law and the evidence and determine whether the factual findings are
				supported by a preponderance of the evidence taken.
(c) A party to an unfair labor practice
				proceeding before the Board may, because of extraordinary circumstances, move
				for reconsideration or reopening of the record after issuance of the Board's
				final decision and order, in accordance with the provisions set forth in
				section 20160(a)(1), and
				served on the parties, in accordance with the provisions set forth in sections
				20166 and
				20169. The motion may alternatively
				request reconsideration and reopening. Such motions shall be in writing and
				state with particularity the grounds for reconsideration or reopening. Any
				motion pursuant to this section shall be filed within 10 days after the service
				of the Board's final decision and order. A motion filed under this section
				shall not operate to stay the decision and order of the Board.
(d) A party to an unfair labor practice
				proceeding may, because of extraordinary circumstances, move for
				reconsideration of the record after issuance of any Board action other than a
				final decision and order, in accordance with the provisions set forth in
				section 20286(c), except
				that the motion and supporting documents must be filed within five days after
				service of the non-final Board action.
1. Amendment
				  of subsection (c) and new subsection (d) filed 3-14-78; effective thirtieth day
				  thereafter (Register 78, No. 11).
2. Editorial correction adding
				  NOTE filed 2-16-83 (Register 83, No. 8).
3. Amendment of subsections
				  (c)-(d) filed 10-19-95; operative 11-18-95 (Register 95, No. 42).
4.
				  Amendment of subsections (a) and (b) filed 7-8-99; operative 8-7-99 (Register
				  99, No. 28).
5. Amendment of subsection (c) filed 5-23-2017;
				  operative 5-23-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 21).
6. Amendment of subsection (c) filed
				  8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20287 - Precedential Nature of Board Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All Board decisions published in the format bearing a volume
				  and decision number (example: 1 ALRB No. 1) shall constitute precedent for
				  future cases. Numbered administrative orders shall be precedential only if
				  expressly so designated by the Board.
1. New section
				  filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Sections
					 1142(b),
					 1160.2 and
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20290 - Initiation of Compliance Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If it appears that a controversy exists
				with respect to the compliance with a Board order, a court decree enforcing a
				Board order, or an administrative law judge's decision which has become final,
				and such controversy cannot be resolved without a formal proceeding, the
				regional director shall issue in the name of the Board and serve on all parties
				a compliance specification as provided in subdivisions (a), (b), (c) or (d) of
				section 20291. The specification shall be
				consistent with precedent under the Act and shall contain, or be accompanied
				by, a notice of hearing. In the alternative and in appropriate circumstances,
				the regional director shall issue and serve on the parties a notice of hearing
				without a specification as provided in section
				20291(e). The
				notice of hearing with or without specification may provide for a hearing to be
				held before an administrative law judge not less than fifteen (15) days after
				the service of the notice; it shall be filed with the executive secretary and
				served on each party as provided in sections
				20160,
				20164, and
				20169.
(b) Whenever the regional director deems it
				appropriate in order to effectuate the purposes and policies of the Act or to
				avoid unnecessary costs and delay, the regional director may consolidate with a
				complaint and notice of hearing issued pursuant to section
				20220, a compliance specification
				based on that complaint. After the opening of the pre-hearing conference,
				consolidation shall be subject to approval of the administrative law judge or
				the Board as provided in section
				20244. Issuance of a compliance
				specification shall not be a prerequisite or bar to Board initiation of
				proceedings in an administrative or judicial forum which the Board or regional
				director determines to be appropriate for obtaining compliance with a Board
				order.
1. New section
				  filed 1-26-79; effective thirtieth day thereafter (Register 79, No.
				  4).
2. Amendment filed 12-31-82; effective thirtieth day thereafter
				  (Register 83, No. 1).
3. Editorial correction of NOTE filed 2-16-83
				  (Register 83, No. 8).
4. Repealer and new section filed 9-20-91;
				  operative 10-21-91 (Register 92, No. 4).
5. Amendment filed
				  8-29-2023; operative 10/1/2023 (Register 2023, No.
				  35).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20291 - Contents of Compliance Specification or Notice of Hearing without Specification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Contents of specification with respect to allegations concerning the amount of
				backpay due. With respect to allegations concerning the amount of backpay due,
				the specification shall specifically and in detail show, for each employee:
(1) The backpay period;
(2) The amount of gross backpay owed, the
				method of its computation, the data used in making the computation, and the
				reasons for selecting the method and data utilized;
(3) The amount and source of interim
				earnings, the method of allocation, e.g., weekly average, and the reasons for
				selecting that method;
(4) Amount
				and type of expenses claimed;
(5)
				Net backpay, including the method of calculation and the reasons for selecting
				that method;
(6) Missing or
				deceased discriminatees and the requested method for handling their
				claims;
(7) The interest due to the
				date of the specification and a demand for appropriate interest thereafter;
				and
(8) Any other pertinent
				information.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20292 - Answer to Compliance Specification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Filing and Service of Answer; Form. Each
				person alleged as a respondent in the specification or notice of hearing
				without specification shall, within fifteen (15) days from the service of the
				specification or notice of hearing without specification, file and serve an
				answer thereto as provided in sections
				20160 and
				20166.
(b) Contents of Answer. The answer shall
				state which facts alleged in the specification or notice of hearing without
				specification are admitted, which are denied, and which are outside the
				knowledge of the respondent or any of its agents. Any allegation not denied
				shall be considered admitted. Except for matters not reasonably ascertainable
				by a respondent, a general denial or a denial on information and belief shall
				not suffice. As to such reasonably ascertainable matters, including, but not
				limited to, gross backpay, actual wages, comparable contract(s), and fringe
				benefits, if respondent disputes either the accuracy of the facts or figures in
				the specification or the premises on which they are based, it shall
				specifically state the basis for its disagreement, setting forth in detail its
				position as to the applicable premises and furnishing the appropriate
				supporting facts and figures, including a specific alternative methodology for
				computing amounts owed should the respondent dispute the validity of the
				methodology used in the specification.
(c) Effect of Failure to Answer or to Plead
				Specifically and in Detail to Backpay and Makewhole Specification. If a
				respondent fails to file an answer within the time prescribed by this section,
				the administrative law judge may, either with or without taking evidence in
				support of the allegations and without notice to the respondent, find the
				allegations of the specification or the notice of hearing without specification
				to be true and issue an appropriate recommended order. If a respondent files an
				answer, but fails to deny any allegation of the specification or notice of
				hearing without specification in the manner required by subsection (b) of this
				section, and the failure to deny is not adequately explained, such allegation
				shall be deemed admitted, and may be so found without the taking of evidence
				supporting such allegation, and the respondent shall be precluded from
				introducing any evidence controverting said allegation.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No. 4).
2. Editorial
				  correction of subsection (c) (Register 96, No. 52).
3. Amendment of
				  subsection (b) filed 7-8-99; operative 8-7-99 (Register 99, No.
				  28).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20293 - Processing of Compliance Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Specifications, notices of hearings
				without specification, and answers to them may be amended in the same manner as
				complaints and answers to complaint.
(b) Specifications and notices of hearing
				without specification may be withdrawn in the same manner as
				complaints.
(c) After the issuance
				of a specification or notice of hearing without specification, the procedures
				provided for in sections
				20235 through
				20298 shall be followed so far as
				applicable.
1. New section
				  filed 9-20-91; operative 10-21-91 (Register 92, No.
				  4).
Note: Authority cited: Section
					 1144, Labor
					 Code. Reference: Section
					 1160.3, Labor
					 Code.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20298 - Settlement Agreements; Review of Objections to Settlement Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Matters
				settled: Settlement agreements of all types settle only the allegations
				contained in the cases, designated by number, which appear in the captions of
				the agreements and do not constitute settlement of any other cases or
				allegations, regardless of whether such matters are known to, or readily
				discoverable by, the General Counsel at the time the agreement is
				reached.
(b) Difference between
				formal settlement agreements and informal settlement agreements:
(1) A
formal
settlement
				agreement is a written agreement that must be approved by the Regional Director
				and the Board or the assigned Administrative Law Judge.
(2) An
informal
settlement
				agreement is a written agreement that must be approved by the Regional
				Director, but does not require approval by the Board or assigned Administration
				Law Judge.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 2 - Unfair Labor Practice Regulations › Section 20299 - Agricultural Employee Relief Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This subdivision shall apply to all cases
				in which the Board has ordered monetary relief for agricultural employees or
				has issued an order approving a settlement agreement providing for payment of
				monies to agricultural employees, where the collection of monies pursuant to
				such orders or settlement agreements occurred on or after January 1, 2002. In
				addition, this subdivision shall apply where the collection of monies occurred
				prior to January 1, 2002, if the monies were not subject to an enforceable
				promise to return them to the employer and had not escheated to the State by
				operation of law as of January 1, 2002.
(1)
				Where, despite diligent efforts, the Board has been unable to locate employees
				or any person(s) legally entitled to collect money on their behalf for a period
				of two years after the date the Board collected monies on behalf of such
				employees, those monies shall be deposited in a special fund in the State
				Treasury that shall be named the Agricultural Employee Relief Fund
				(Fund).
(2) Provisions requiring
				that monies collected on behalf of employees who are not located within two
				years after the date of collection be deposited in the Fund may be included,
				pursuant to the mutual agreement of the Regional Director and the employer, in
				informal settlement agreements reached in accordance with section
				20298.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20305 - Contents of Petition for Certification; Construction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Contents -- A petition for certification
				shall contain the following, in addition to those requirements set forth in
				Labor Code section
				1156.3(a):
(1) The name and address of the petitioner
				and its affiliation, if any.
(2)
				The name, location, and mailing address of the employer.
(3) The nature of the employer's agricultural
				commodity or commodities encompassed by the unit.
(4) A description of the bargaining unit
				which the petitioner claims is appropriate. If the unit sought encompasses less
				than all the agricultural employees of the employer, the petition shall include
				a specific and complete description of the unit, including its geographical
				limits, and a statement of inclusion or exclusion of processing or packing
				sheds or cooling facilities and the location of such sheds or
				facilities.
(5) The approximate
				number of employees currently employed in the alleged unit.
(6) Whether a strike is in progress for the
				unit involved, and if so, the approximate number of employees participating and
				the date such strike commenced.
(7)
				A statement of which languages, if any, other than Spanish and English, the
				petitioner requests be included on the ballots in any election conducted
				pursuant to said petition and the approximate number of employees who can
				effectively read the requested language and no other language in which the
				ballot would otherwise be printed.
(8) Name, telephone number, and email address
				of one representative of the filing party authorized to make agreements with
				the Board and the parties and to accept service of papers.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20313 - Availability of Employer's Payroll List

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regional director will make available a copy of the
				  employer's payroll list referred to in Section
				  20310(a)(2) to the
				  petitioner upon the determination that it has submitted a majority showing of
				  interest and to any intervenor upon the determination that it has submitted a
				  20% showing of interest.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20320 - Foreign Language Ballots

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requests pursuant to Labor Code Section
				  1156.3(a)
				  that the Board make available ballots in a language or languages other than
				  English and Spanish shall be made by any petitioner by completing the
				  appropriate section of the petition for certification form, by any intervenor
				  as part of its written motion to intervene, and by any employer as provided in
				  Section 20310(a)(8). Any
				  supplemental request by a petitioner, intervenor, or employer or any request by
				  an agricultural employee eligible to vote in the election shall be in writing
				  and shall state the languages required and the approximate number of employees
				  who can effectively read the requested language and no other language in which
				  the ballot would otherwise be printed. Such request shall be filed with a
				  regional office of the Board which is processing the petition no later than 24
				  hours prior to the scheduled time of the election. Where practicable, requests
				  for additional foreign languages on the ballot will be
				  granted.
California Code of Regulations › Title 8 - Industrial Relations › Division 2 - Agricultural Labor Relations Board › Chapter 3 - Procedure Under Chapter 5 of the Act for the Determination of Questions Concerning Representation of Employees › Section 20325 - Intervention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the
				provisions of Labor Code section
				1156.3(b),
				any labor organization which seeks to intervene in an election proceeding based
				on a petition filed under Labor Code section
				1156.3(a)
				must file with the regional office of the Board in which the petition is being
				processed a written petition for intervention. In order to be filed, an
				intervention petition must be accompanied by proof of service of the
				intervention petition on the employer and on the original petitioner. Service
				of an intervention petition shall be in accordance with the provisions of
				section 20300(e) of these
				regulations. Upon the filing of an intervention petition, the regional director
				shall notify the employer and petitioner that an intervention petition has been
				filed.
(b) A petition for
				intervention shall include:
(1) the name and
				address of the intervening union and its affiliation, if any;
(2) the name, telephone number, and email
				address of a representative of the intervenor authorized to make agreements
				with the Board and the parties and to accept service of papers; and
(3) a statement of what language or languages
				other than English or Spanish are required for the election, if any.