Vote Smart's Synopsis:

Vote to pass a bill that authorizes "card check" for farm workers unions.

Highlights:

• Authorizes a petition that is either signed by, or accompanied by authorization cards signed by, a majority of the currently employed employees in the bargaining unit may be filed by an agricultural employee or group of agricultural employees, or any individual or labor organization acting on behalf of those agricultural employees, following any rules and regulations prescribed by the board. The petition will allege all of the following (Sec. 2.a):

• That the number of agricultural employees currently employed by the employer named in the petition, as determined from the employer’s payroll immediately preceding the filing of the petition, is not less than 50% of the employer’s peak agricultural employment for the current calendar year;

• That no valid election according to this law has been conducted among the agricultural employees of the employer named in the petition within the 12 months immediately preceding the filing of the petition;

• That no labor organization is currently certified as the exclusive collective bargaining representative of the agricultural employees of the employer named in the petition; and

• That the petition is not barred by an existing collective bargaining agreement.

• Requires the board to decertify a labor organization if either of the following occurs (Sec. 2-2.h):

• The Department of Fair Employment and Housing finds that the labor organization engaged in discrimination on any basis; and

• The United States Equal Employment Opportunity Commission finds, that the labor organization engaged in discrimination based on race, color, national origin, religion, sex, or any other arbitrary or invidious classification during the period of the labor organization’s present certification.

• Establishes the following time limits for action by the board, and agents acting according to authority delegated by the board (Sec. 2-2.i):

• The board will, within 21 days of the filing of election objections or the submittal of evidence in support of challenges to ballots, evaluate the election objections or challenged ballots and issue a decision determining which, if any, must be set for hearing; and

• The hearing on election objections or challenged ballots will be scheduled to commence within 28 days of the date of the board’s decision to set a hearing.

• Authorizes a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through a representation ballot card election. A representation ballot card election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without holding a polling place election (Sec. 3.a).

• Requires each representation ballot card to include both of the following (Sec. 3-3):

• A statement that the employee signing it wishes to have a specified labor organization as the employee’s collective bargaining representative concerning rates of pay, wages, hours of employment, benefits, and other terms and conditions of employment; and

• Sufficient space to provide all of the following information:

• The name of the labor organization;

• The name of the agricultural employer or farm labor contractor used by the agricultural employer;

• The employee’s name;

• The signature of the employee;

• The date; and

• The signature of the person witnessing that the employee signed the ballot card or assisting them in filling out the ballot card, or both.

• Specifies within 5 days after the board certifies a labor organization through a representation ballot card election, any person may file with the board a petition objecting to the certification on one or more of the following grounds (Sec. 3.f-1):

• Allegations in the representation ballot card petition were false;

• The board improperly determined the geographical scope of the bargaining unit;

• The representation ballot card election was conducted improperly; and

• Improper conduct affected the results of the representation ballot card election.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes "card check" for farm workers unions.

Highlights:

• Authorizes a petition that is either signed by, or accompanied by authorization cards signed by, a majority of the currently employed employees in the bargaining unit may be filed by an agricultural employee or group of agricultural employees, or any individual or labor organization acting on behalf of those agricultural employees, following any rules and regulations prescribed by the board. The petition will allege all of the following (Sec. 2.a):

• That the number of agricultural employees currently employed by the employer named in the petition, as determined from the employer’s payroll immediately preceding the filing of the petition, is not less than 50% of the employer’s peak agricultural employment for the current calendar year;

• That no valid election according to this law has been conducted among the agricultural employees of the employer named in the petition within the 12 months immediately preceding the filing of the petition;

• That no labor organization is currently certified as the exclusive collective bargaining representative of the agricultural employees of the employer named in the petition; and

• That the petition is not barred by an existing collective bargaining agreement.

• Requires the board to decertify a labor organization if either of the following occurs (Sec. 2-2.h):

• The Department of Fair Employment and Housing finds that the labor organization engaged in discrimination on any basis; and

• The United States Equal Employment Opportunity Commission finds, that the labor organization engaged in discrimination based on race, color, national origin, religion, sex, or any other arbitrary or invidious classification during the period of the labor organization’s present certification.

• Establishes the following time limits for action by the board, and agents acting according to authority delegated by the board (Sec. 2-2.i):

• The board will, within 21 days of the filing of election objections or the submittal of evidence in support of challenges to ballots, evaluate the election objections or challenged ballots and issue a decision determining which, if any, must be set for hearing; and

• The hearing on election objections or challenged ballots will be scheduled to commence within 28 days of the date of the board’s decision to set a hearing.

• Authorizes a labor organization to be certified as the exclusive bargaining representative of a bargaining unit through a representation ballot card election. A representation ballot card election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without holding a polling place election (Sec. 3.a).

• Requires each representation ballot card to include both of the following (Sec. 3-3):

• A statement that the employee signing it wishes to have a specified labor organization as the employee’s collective bargaining representative concerning rates of pay, wages, hours of employment, benefits, and other terms and conditions of employment; and

• Sufficient space to provide all of the following information:

• The name of the labor organization;

• The name of the agricultural employer or farm labor contractor used by the agricultural employer;

• The employee’s name;

• The signature of the employee;

• The date; and

• The signature of the person witnessing that the employee signed the ballot card or assisting them in filling out the ballot card, or both.

• Specifies within 5 days after the board certifies a labor organization through a representation ballot card election, any person may file with the board a petition objecting to the certification on one or more of the following grounds (Sec. 3.f-1):

• Allegations in the representation ballot card petition were false;

• The board improperly determined the geographical scope of the bargaining unit;

• The representation ballot card election was conducted improperly; and

• Improper conduct affected the results of the representation ballot card election.

Full Bill Text