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Gordie Webster

published on July 29, 2021 - 11:16 AM
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The California Chamber of Commerce has identified another job killer bill in Sacramento that could have a substantial impact on the Central Valley’s farm employers.

AB 616, introduced by Mark Stone (D-Scotts Valley), would eliminate the right of agricultural employees to cast a vote in a secret ballot election on whether to join a union.

Introduced back in February, the bill awaits action by the full Senate when legislators return from their summer recess next month.

Current rules under the Agricultural Labor Relations Act outline a formal and secure secret ballot election for farmworkers to select a collective bargaining representative — or not. AB 616 would throw that out the window, allowing unions to bypass elections with a “ballot card” procedure, according to the CalChamber.

Under AB 616, a union would be installed merely by submitting a petition to the Agricultural Labor Relations Board as well as representation cards signed by a majority of affected employees.

As the CalChamber point outs, that procedure provides no safeguards to ensure employees make a free, uncoerced choice. Under the current ballot system, employees could check off a box indicating they want “No Labor Organizations.” These cards have no such option.

The bill also has a presumption of retaliation clause that could really hamstring the way employers run their businesses. Once a representation card is signed, it is valid for one year. So a union drive could go on for weeks or even months. And during that period, employers could find themselves in hot water if they have to discipline an employee.

Gov. Jerry Brown vetoed nearly identical legislation back in 2011. Let’s hope common sense wins out again and AB 616 doesn’t even reach the governor’s desk this time.


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