1140. This part shall be known and may be referred to as the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975.
1140.2. It is hereby stated to be the policy of the State of
California to encourage and protect the right of agricultural
employees to full freedom of association, self-organization, and
designation of representatives of their own choosing, to negotiate
the terms and conditions of their employment, and to be free from the
interference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection. For this
purpose this part is adopted to provide for collective-bargaining
rights for agricultural employees.
1140.4. As used in this part:
(a) The term "agriculture" includes 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 as agricultural commodities in Section 1141j(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.
(b) The term "agricultural employee" or "employee" shall mean one
engaged in agriculture, as such term is defined in subdivision (a).
However, nothing in this subdivision shall be construed to include
any person other than those employees excluded from the coverage of
the National Labor Relations Act, as amended, as agricultural
employees, pursuant to Section 2(3) of the Labor Management Relations
Act (Section 152(3), Title 29, United States Code), and Section 3(f)
of the Fair Labor Standards Act (Section 203(f), Title 29, United
States Code).
Further, nothing in this part shall apply, or be construed to
apply, to any employee who performs work to be done at the site of
the construction, alteration, painting, or repair of a building,
structure, or other work (as these terms have been construed under
Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec.
158(e)) or logging or timber-clearing operations in initial
preparation of land for farming, or who does land leveling or only
land surveying for any of the above.
As used in this subdivision, "land leveling" shall include only
major land moving operations changing the contour of the land, but
shall not include annual or seasonal tillage or preparation of land
for cultivation.
(c) The term "agricultural employer" shall be liberally construed
to include 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, but shall exclude any person supplying
agricultural workers to an employer, any farm labor contractor as
defined by Section 1682, and any person functioning in the capacity
of a labor contractor. The employer engaging such labor contractor or
person shall be deemed the employer for all purposes under this
part.
(d) The term "person" shall mean one or more individuals,
corporations, partnerships, limited liability companies,
associations, legal representatives, trustees in bankruptcy,
receivers, or any other legal entity, employer, or labor organization
having an interest in the outcome of a proceeding under this part.
(e) The term "representatives" includes any individual or labor
organization.
(f) The term "labor organization" 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 employers concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
conditions of work for agricultural employees.
(g) The term "unfair labor practice" means any unfair labor
practice specified in Chapter 4 (commencing with Section 1153) of
this part.
(h) The term "labor dispute" includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the
association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(i) The term "board" means Agricultural Labor Relations Board.
(j) The term "supervisor" means any individual having the
authority, in the interest of the employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline other employees, or the responsibility to direct them, or
to adjust their grievances, or effectively to recommend such action,
if, in connection with the foregoing, the exercise of such authority
is not of a merely routine or clerical nature, but requires the use
of independent judgment.
1140. This part shall be known and may be referred to as the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975.
1140.2. It is hereby stated to be the policy of the State of
California to encourage and protect the right of agricultural
employees to full freedom of association, self-organization, and
designation of representatives of their own choosing, to negotiate
the terms and conditions of their employment, and to be free from the
interference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection. For this
purpose this part is adopted to provide for collective-bargaining
rights for agricultural employees.
1140.4. As used in this part:
(a) The term "agriculture" includes 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 as agricultural commodities in Section 1141j(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.
(b) The term "agricultural employee" or "employee" shall mean one
engaged in agriculture, as such term is defined in subdivision (a).
However, nothing in this subdivision shall be construed to include
any person other than those employees excluded from the coverage of
the National Labor Relations Act, as amended, as agricultural
employees, pursuant to Section 2(3) of the Labor Management Relations
Act (Section 152(3), Title 29, United States Code), and Section 3(f)
of the Fair Labor Standards Act (Section 203(f), Title 29, United
States Code).
Further, nothing in this part shall apply, or be construed to
apply, to any employee who performs work to be done at the site of
the construction, alteration, painting, or repair of a building,
structure, or other work (as these terms have been construed under
Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec.
158(e)) or logging or timber-clearing operations in initial
preparation of land for farming, or who does land leveling or only
land surveying for any of the above.
As used in this subdivision, "land leveling" shall include only
major land moving operations changing the contour of the land, but
shall not include annual or seasonal tillage or preparation of land
for cultivation.
(c) The term "agricultural employer" shall be liberally construed
to include 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, but shall exclude any person supplying
agricultural workers to an employer, any farm labor contractor as
defined by Section 1682, and any person functioning in the capacity
of a labor contractor. The employer engaging such labor contractor or
person shall be deemed the employer for all purposes under this
part.
(d) The term "person" shall mean one or more individuals,
corporations, partnerships, limited liability companies,
associations, legal representatives, trustees in bankruptcy,
receivers, or any other legal entity, employer, or labor organization
having an interest in the outcome of a proceeding under this part.
(e) The term "representatives" includes any individual or labor
organization.
(f) The term "labor organization" 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 employers concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
conditions of work for agricultural employees.
(g) The term "unfair labor practice" means any unfair labor
practice specified in Chapter 4 (commencing with Section 1153) of
this part.
(h) The term "labor dispute" includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the
association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(i) The term "board" means Agricultural Labor Relations Board.
(j) The term "supervisor" means any individual having the
authority, in the interest of the employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline other employees, or the responsibility to direct them, or
to adjust their grievances, or effectively to recommend such action,
if, in connection with the foregoing, the exercise of such authority
is not of a merely routine or clerical nature, but requires the use
of independent judgment.
1140. This part shall be known and may be referred to as the
Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act of
1975.
1140.2. It is hereby stated to be the policy of the State of
California to encourage and protect the right of agricultural
employees to full freedom of association, self-organization, and
designation of representatives of their own choosing, to negotiate
the terms and conditions of their employment, and to be free from the
interference, restraint, or coercion of employers of labor, or their
agents, in the designation of such representatives or in
self-organization or in other concerted activities for the purpose of
collective bargaining or other mutual aid or protection. For this
purpose this part is adopted to provide for collective-bargaining
rights for agricultural employees.
1140.4. As used in this part:
(a) The term "agriculture" includes 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 as agricultural commodities in Section 1141j(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.
(b) The term "agricultural employee" or "employee" shall mean one
engaged in agriculture, as such term is defined in subdivision (a).
However, nothing in this subdivision shall be construed to include
any person other than those employees excluded from the coverage of
the National Labor Relations Act, as amended, as agricultural
employees, pursuant to Section 2(3) of the Labor Management Relations
Act (Section 152(3), Title 29, United States Code), and Section 3(f)
of the Fair Labor Standards Act (Section 203(f), Title 29, United
States Code).
Further, nothing in this part shall apply, or be construed to
apply, to any employee who performs work to be done at the site of
the construction, alteration, painting, or repair of a building,
structure, or other work (as these terms have been construed under
Section 8(e) of the Labor Management Relations Act, 29 U.S.C. Sec.
158(e)) or logging or timber-clearing operations in initial
preparation of land for farming, or who does land leveling or only
land surveying for any of the above.
As used in this subdivision, "land leveling" shall include only
major land moving operations changing the contour of the land, but
shall not include annual or seasonal tillage or preparation of land
for cultivation.
(c) The term "agricultural employer" shall be liberally construed
to include 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, but shall exclude any person supplying
agricultural workers to an employer, any farm labor contractor as
defined by Section 1682, and any person functioning in the capacity
of a labor contractor. The employer engaging such labor contractor or
person shall be deemed the employer for all purposes under this
part.
(d) The term "person" shall mean one or more individuals,
corporations, partnerships, limited liability companies,
associations, legal representatives, trustees in bankruptcy,
receivers, or any other legal entity, employer, or labor organization
having an interest in the outcome of a proceeding under this part.
(e) The term "representatives" includes any individual or labor
organization.
(f) The term "labor organization" 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 employers concerning grievances,
labor disputes, wages, rates of pay, hours of employment, or
conditions of work for agricultural employees.
(g) The term "unfair labor practice" means any unfair labor
practice specified in Chapter 4 (commencing with Section 1153) of
this part.
(h) The term "labor dispute" includes any controversy concerning
terms, tenure, or conditions of employment, or concerning the
association or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
employment, regardless of whether the disputants stand in the
proximate relation of employer and employee.
(i) The term "board" means Agricultural Labor Relations Board.
(j) The term "supervisor" means any individual having the
authority, in the interest of the employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline other employees, or the responsibility to direct them, or
to adjust their grievances, or effectively to recommend such action,
if, in connection with the foregoing, the exercise of such authority
is not of a merely routine or clerical nature, but requires the use
of independent judgment.
