SECTIONS 57031-57039

57031.  (a) Any union representing registered unloaders isauthorized and entitled to bargain with the employer of theregistered unloaders to establish a scale of charges for unloadingproduce. (b) If the union or unions representing registered unloaders andthe employer of registered unloaders are unable to agree on a scaleof charges, the director shall mediate the dispute pursuant toSection 65 of the Labor Code. (c) The scale of charges in effect on December 31, 1978, shallremain in effect until new charges are established pursuant to thissection.57032.  The scale of charges which is established shall be thestandard charge for unloading any farm product in the market.57033.  A person shall not charge or receive any payment forunloading any farm product in excess of the standard charge which isestablished for the market.57034.  Each produce dealer shall post and maintain a legible copyof the effective scale of charges established under this article in aconspicuous place at his place of business where it is readilyvisible at all times during which any farm product is delivered tosuch place of business.57035.  The commissioner or his representative shall investigate anycomplaint brought to his attention involving produce dealers orregistered unloaders.57036.  If a scale of charges is not established pursuant tobargaining as provided for in Section 57031, the union may propose ascale of charges for approval by the director.57037.  After receipt of the scale of charges proposed by the unionpursuant to Section 57036, the director shall fix a time and placefor a hearing on the matter. Notice of the hearing shall be publishedand mailed to each produce dealer in the Counties of Alameda and SanMateo and in the City and County of San Francisco and to the union.The director shall also notify any or all haulers and producers ofany farm product which is delivered to the market.57038.  (a) At the hearing the director shall consider any relevantmatters that may be presented. (b) At or after the conclusion of the hearing, the director shalldetermine whether or not the proposed scale is reasonable. If thedirector determines that the proposed scale is reasonable, thedirector shall approve it and thereafter that scale of charges shallbe the standard charge for unloading any farm product in the market.If the director determines that the scale is unreasonable, thedirector shall adjust the scale or any item of the scale so that thescale is not unreasonably higher than the prevailing rate for similarwork which is performed under similar conditions. After thisadjustment, the scale shall be the standard charge for unloading anyfarm product in the market. (c) In making the determination and, if necessary, the adjustmentrequired in subdivision (b), the director shall compare the scaleproposed by the union with any available information relating to thecharges for similar work which is performed under similar conditionsin the city in, or for, which the market is operated. The directormay take into consideration any rates set by the Public UtilitiesCommission for the performance of work of a similar nature.57039.  The director may by regulation establish a fee in the amountnecessary to cover the costs that are incurred by the Department ofIndustrial Relations in implementing this article. Each partyparticipating in a hearing conducted pursuant to this article shallpay an equal share of the fee.