1153. It shall be an unfair labor practice for an agricultural
employer to do any of the following:
(a) To interfere with, restrain, or coerce agricultural employees
in the exercise of the rights guaranteed in Section 1152.
(b) To dominate or interfere with the formation or administration
of any labor organization or contribute financial or other support to
it. However, subject to such rules and regulations as may be made
and published by the board pursuant to Section 1144, an agricultural
employer shall not be prohibited from permitting agricultural
employees to confer with him during working hours without loss of
time or pay.
(c) By discrimination in regard to the hiring or tenure of
employment, or any term or condition of employment, to encourage or
discourage membership in any labor organization.
Nothing in this part, or in any other statute of this state, shall
preclude an agricultural employer from making an agreement with a
labor organization (not established, maintained, or assisted by any
action defined in this section as an unfair labor practice) to
require as a condition of employment, membership therein on or after
the fifth day following the beginning of such employment, or the
effective date of such agreement whichever is later, if such labor
organization is the representative of the agricultural employees as
provided in Section 1156 in the appropriate collective-bargaining
unit covered by such agreement. No employee who has been required to
pay dues to a labor organization by virtue of his employment as an
agricultural worker during any calendar month, shall be required to
pay dues to another labor organization by virtue of similar
employment during such month. For purposes of this chapter,
membership shall mean the satisfaction of all reasonable terms and
conditions uniformly applicable to other members in good standing;
provided, that such membership shall not be denied or terminated
except in compliance with a constitution or bylaws which afford full
and fair rights to speech, assembly, and equal voting and membership
privileges for all members, and which contain adequate procedures to
assure due process to members and applicants for membership.
(d) To discharge or otherwise discriminate against an agricultural
employee because he has filed charges or given testimony under this
part.
(e) To refuse to bargain collectively in good faith with labor
organizations certified pursuant to the provisions of Chapter 5
(commencing with Section 1156) of this part.
(f) To recognize, bargain with, or sign a collective-bargaining
agreement with any labor organization not certified pursuant to the
provisions of this part.
1154. It shall be an unfair labor practice for a labor organization
or its agents to do any of the following:
(a) To restrain or coerce:
(1) Agricultural employees in the exercise of the rights
guaranteed in Section 1152. This paragraph shall not impair the right
of a labor organization to prescribe its own rules with respect to
the acquisition or retention of membership therein.
(2) An agricultural employer in the selection of his
representatives for the purposes of collective bargaining or the
adjustment of grievances.
(b) To cause or attempt to cause an agricultural employer to
discriminate against an employee in violation of subdivision (c) of
Section 1153, or to discriminate against an employee with respect to
whom membership in such organization has been denied or terminated
for reasons other than failure to satisfy the membership requirements
specified in subdivision (c) of Section 1153.
(c) To refuse to bargain collectively in good faith with an
agricultural employer, provided it is the representative of his
employees subject to the provisions of Chapter 5 (commencing with
Section 1156) of this part.
(d) To do either of the following: (i) To engage in, or to induce
or encourage any individual employed by any person to engage in, a
strike or a refusal in the course of his employment to use,
manufacture, process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities, or to perform any
services; or (ii) to threaten, coerce, or restrain any person; where
in either case (i) or (ii) an object thereof is any of the following:
(1) Forcing or requiring any employer or self-employed person to
join any labor or employer organization or to enter into any
agreement which is prohibited by Section 1154.5.
(2) Forcing or requiring any person to cease using, selling,
transporting, or otherwise dealing in the products of any other
producer, processor, or manufacturer, or to cease doing business with
any other person, or forcing or requiring any other employer to
recognize or bargain with a labor organization as the representative
of his employees unless such labor organization has been certified as
the representative of such employees. Nothing contained in this
paragraph shall be construed to make unlawful, where not otherwise
unlawful, any primary strike or primary picketing.
(3) Forcing or requiring any employer to recognize or bargain with
a particular labor organization as the representative of his
agricultural employees if another labor organization has been
certified as the representative of such employees under the
provisions of Chapter 5 (commencing with Section 1156) of this part.
(4) Forcing or requiring any employer to assign particular work to
employees in a particular labor organization or in a particular
trade, craft, or class, unless such employer is failing to conform to
an order or certification of the board determining the bargaining
representative for employees performing such work.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing for the purpose of truthfully
advising the public, including consumers, that a product or products
or ingredients thereof are produced by an agricultural employer with
whom the labor organization has a primary dispute and are
distributed by another employer, as long as such publicity does not
have an effect of inducing any individual employed by any person
other than the primary employer in the course of his employment to
refuse to pick up, deliver, or transport any goods, or not to perform
any services at the establishment of the employer engaged in such
distribution, and as long as such publicity does not have the effect
of requesting the public to cease patronizing such other employer.
However, publicity which includes picketing and has the effect of
requesting the public to cease patronizing such other employer, shall
be permitted only if the labor organization is currently certified
as the representative of the primary employer's employees.
Further, publicity other than picketing, but including peaceful
distribution of literature which has the effect of requesting the
public to cease patronizing such other employer, shall be permitted
only if the labor organization has not lost an election for the
primary employer's employees within the preceding 12-month period,
and no other labor organization is currently certified as the
representative of the primary employer's employees.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing, which may not be prohibited
under the United States Constitution or the California Constitution.
Nor shall anything in this subdivision (d) be construed to apply
or be applicable to any labor organization in its representation of
workers who are not agricultural employees. Any such labor
organization shall continue to be governed in its intrastate
activities for nonagricultural workers by Section 923 and applicable
judicial precedents.
(e) To require of employees covered by an agreement authorized
under subdivision (c) of Section 1153 the payment, as a condition
precedent to becoming a member of such organization, of a fee in an
amount which the board finds excessive or discriminatory under all
circumstances. In making such a finding, the board shall consider,
among other relevant factors, the practices and customs of labor
organizations in the agriculture industry and the wages currently
paid to the employees affected.
(f) To cause or attempt to cause an agricultural employer to pay
or deliver, or agree to pay or deliver, any money or other thing of
value, in the nature of an exaction, for services which are not
performed or not to be performed.
(g) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with a labor
organization as the representative of his employees, or forcing or
requiring the employees of an employer to accept or select such labor
organization as their collective-bargaining representative, unless
such labor organization is currently certified as the representative
of such employees, in any of the following cases:
(1) Where the employer has lawfully recognized in accordance with
this part any other labor organization and a question concerning
representation may not appropriately be raised under Section 1156.3.
(2) Where within the preceding 12 months a valid election under
Chapter 5 (commencing with Section 1156) of this part has been
conducted.
Nothing in this subdivision shall be construed to prohibit any
picketing or other publicity for the purpose of truthfully advising
the public (including consumers) that an employer does not employ
members of, or have a contract with, a labor organization, unless an
effect of such picketing is to induce any individual employed by any
other person in the course of his employment, not to pick up,
deliver, or transport any goods or not to perform any services.
Nothing in this subdivision (g) shall be construed to permit any
act which would otherwise be an unfair labor practice under this
section.
(h) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with the
labor organization as a representative of his employees unless such
labor organization is currently certified as the
collective-bargaining representative of such employees.
(i) Nothing contained in this section shall be construed to make
unlawful a refusal by any person to enter upon the premises of any
agricultural employer, other than his own employer, if the employees
of such employer are engaged in a strike ratified or approved by a
representative of such employees whom such employer is required to
recognize under this part.
1154.5. It shall be an unfair labor practice for any labor
organization which represents the employees of the employer and such
employer to enter into any contract or agreement, express or implied,
whereby such employer ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting, or otherwise
dealing in any of the products of any other employer, or to cease
doing business with any other person, and any contract or agreement
entered into heretofore or hereafter containing such an agreement
shall be, to such extent, unenforceable and void. Nothing in this
section shall apply to an agreement between a labor organization and
an employer relating to a supplier of an ingredient or ingredients
which are integrated into a product produced or distributed by such
employer where the labor organization is certified as the
representative of the employees of such supplier, but no
collective-bargaining agreement between such supplier and such labor
organization is in effect. Further, nothing in this section shall
apply to an agreement between a labor organization and an
agricultural employer relating to the contracting or subcontracting
of work to be done at the site of the farm and related operations.
Nothing in this part shall prohibit the enforcement of any agreement
which is within the foregoing exceptions.
Nor shall anything in this section be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.
1154.6. It shall be an unfair labor practice for an employer or
labor organization, or their agents, willfully to arrange for persons
to become employees for the primary purpose of voting in elections.
1155. The expressing of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute evidence of an unfair labor
practice under the provisions of this part, if such expression
contains no threat of reprisal or force, or promise of benefit.
1155.2. (a) For purposes of this part, to bargain collectively in
good faith is the performance of the mutual obligation of the
agricultural employer and the representative of the agricultural
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment, or the negotiation of an agreement, or any questions
arising thereunder, and the execution of a written contract
incorporating any agreement reached if requested by either party, but
such obligation does not compel either party to agree to a proposal
or require the making of a concession.
(b) Upon the filing by any person of a petition not earlier than
the 90th day nor later than the 60th day preceding the expiration of
the 12-month period following initial certification, the board shall
determine whether an employer has bargained in good faith with the
currently certified labor organization. If the board finds that the
employer has not bargained in good faith, it may extend the
certification for up to one additional year, effective immediately
upon the expiration of the previous 12-month period following initial
certification.
1155.3. (a) Where there is in effect a collective-bargaining
contract covering agricultural employees, the duty to bargain
collectively shall also mean that no party to such contract shall
terminate or modify such contract, unless the party desiring such
termination or modification does all of the following:
(1) Serves a written notice upon the other party to the contract
of the proposed termination or modification not less than 60 days
prior to the expiration date thereof, or, in the event such contract
contains no expiration date, 60 days prior to the time it is proposed
to make such termination or modification.
(2) Offers to meet and confer with the other party for the purpose
of negotiating a new contract or a contract containing the proposed
modifications.
(3) Notifies the Conciliation Service of the State of California
within 30 days after such notice of the existence of a dispute,
provided no agreement has been reached by that time.
(4) Continues in full force and effect, without resorting to
strike or lockout, all the terms and conditions of the existing
contract, for a period of 60 days after such notice is given, or
until the expiration date of such contract, whichever occurs later.
(b) The duties imposed upon agricultural employers and labor
organizations by paragraphs (2), (3), and (4) of subdivision (a)
shall become inapplicable upon an intervening certification of the
board that the labor organization or individual which is a party to
the contract has been superseded as, or has ceased to be the
representative of the employees, subject to the provisions of Chapter
5 (commencing with Section 1156) of this part, and the duties so
imposed shall not be construed to require either party to discuss or
agree to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened under the
provisions of the contract. Any agricultural employee who engages in
a strike within the 60-day period specified in this section shall
lose his status as an agricultural employee of the agricultural
employer engaged in the particular labor dispute, for the purposes of
Section 1153 to 1154 inclusive, and Chapters 5 (commencing with
Section 1156) and 6 (commencing with Section 1160) of this part, but
such loss of status for such employee shall terminate if and when he
is reemployed by such employer.
1155.4. It shall be unlawful for any agricultural employer or
association of agricultural employers, or any person who acts as a
labor relations expert, adviser, or consultant to an agricultural
employer, or who acts in the interest of an agricultural employer, to
pay, lend, or deliver, any money or other thing of value to any of
the following:
(a) Any representative of any of his agricultural employees.
(b) Any agricultural labor organization, or any officer or
employee thereof, which represents, seeks to represent, or would
admit to membership, any of the agricultural employees of such
employer.
(c) Any employee or group or committee of employees of such
employer in excess of their normal compensation for the purpose of
causing such employee or group or committee directly or indirectly to
influence any other employees in the exercise of the right to
organize and bargain collectively through representatives of their
own choosing.
(d) Any officer or employee of an agricultural labor organization
with intent to influence him in respect to any of his actions,
decisions, or duties as a representative of agricultural employees or
as such officer or employee of such labor organization.
1155.5. It shall be unlawful for any person to request, demand,
receive, or accept, or agree to receive or accept, any payment, loan,
or delivery of any money or other thing of value prohibited by
Section 1155.4.
1155.6. Nothing in Section 1155.4 or 1155.5 shall apply to any
matter set forth in subsection (c) of Section 186 of Title 29 of the
United States Code.
1155.7. Nothing in this chapter shall be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.
1153. It shall be an unfair labor practice for an agricultural
employer to do any of the following:
(a) To interfere with, restrain, or coerce agricultural employees
in the exercise of the rights guaranteed in Section 1152.
(b) To dominate or interfere with the formation or administration
of any labor organization or contribute financial or other support to
it. However, subject to such rules and regulations as may be made
and published by the board pursuant to Section 1144, an agricultural
employer shall not be prohibited from permitting agricultural
employees to confer with him during working hours without loss of
time or pay.
(c) By discrimination in regard to the hiring or tenure of
employment, or any term or condition of employment, to encourage or
discourage membership in any labor organization.
Nothing in this part, or in any other statute of this state, shall
preclude an agricultural employer from making an agreement with a
labor organization (not established, maintained, or assisted by any
action defined in this section as an unfair labor practice) to
require as a condition of employment, membership therein on or after
the fifth day following the beginning of such employment, or the
effective date of such agreement whichever is later, if such labor
organization is the representative of the agricultural employees as
provided in Section 1156 in the appropriate collective-bargaining
unit covered by such agreement. No employee who has been required to
pay dues to a labor organization by virtue of his employment as an
agricultural worker during any calendar month, shall be required to
pay dues to another labor organization by virtue of similar
employment during such month. For purposes of this chapter,
membership shall mean the satisfaction of all reasonable terms and
conditions uniformly applicable to other members in good standing;
provided, that such membership shall not be denied or terminated
except in compliance with a constitution or bylaws which afford full
and fair rights to speech, assembly, and equal voting and membership
privileges for all members, and which contain adequate procedures to
assure due process to members and applicants for membership.
(d) To discharge or otherwise discriminate against an agricultural
employee because he has filed charges or given testimony under this
part.
(e) To refuse to bargain collectively in good faith with labor
organizations certified pursuant to the provisions of Chapter 5
(commencing with Section 1156) of this part.
(f) To recognize, bargain with, or sign a collective-bargaining
agreement with any labor organization not certified pursuant to the
provisions of this part.
1154. It shall be an unfair labor practice for a labor organization
or its agents to do any of the following:
(a) To restrain or coerce:
(1) Agricultural employees in the exercise of the rights
guaranteed in Section 1152. This paragraph shall not impair the right
of a labor organization to prescribe its own rules with respect to
the acquisition or retention of membership therein.
(2) An agricultural employer in the selection of his
representatives for the purposes of collective bargaining or the
adjustment of grievances.
(b) To cause or attempt to cause an agricultural employer to
discriminate against an employee in violation of subdivision (c) of
Section 1153, or to discriminate against an employee with respect to
whom membership in such organization has been denied or terminated
for reasons other than failure to satisfy the membership requirements
specified in subdivision (c) of Section 1153.
(c) To refuse to bargain collectively in good faith with an
agricultural employer, provided it is the representative of his
employees subject to the provisions of Chapter 5 (commencing with
Section 1156) of this part.
(d) To do either of the following: (i) To engage in, or to induce
or encourage any individual employed by any person to engage in, a
strike or a refusal in the course of his employment to use,
manufacture, process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities, or to perform any
services; or (ii) to threaten, coerce, or restrain any person; where
in either case (i) or (ii) an object thereof is any of the following:
(1) Forcing or requiring any employer or self-employed person to
join any labor or employer organization or to enter into any
agreement which is prohibited by Section 1154.5.
(2) Forcing or requiring any person to cease using, selling,
transporting, or otherwise dealing in the products of any other
producer, processor, or manufacturer, or to cease doing business with
any other person, or forcing or requiring any other employer to
recognize or bargain with a labor organization as the representative
of his employees unless such labor organization has been certified as
the representative of such employees. Nothing contained in this
paragraph shall be construed to make unlawful, where not otherwise
unlawful, any primary strike or primary picketing.
(3) Forcing or requiring any employer to recognize or bargain with
a particular labor organization as the representative of his
agricultural employees if another labor organization has been
certified as the representative of such employees under the
provisions of Chapter 5 (commencing with Section 1156) of this part.
(4) Forcing or requiring any employer to assign particular work to
employees in a particular labor organization or in a particular
trade, craft, or class, unless such employer is failing to conform to
an order or certification of the board determining the bargaining
representative for employees performing such work.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing for the purpose of truthfully
advising the public, including consumers, that a product or products
or ingredients thereof are produced by an agricultural employer with
whom the labor organization has a primary dispute and are
distributed by another employer, as long as such publicity does not
have an effect of inducing any individual employed by any person
other than the primary employer in the course of his employment to
refuse to pick up, deliver, or transport any goods, or not to perform
any services at the establishment of the employer engaged in such
distribution, and as long as such publicity does not have the effect
of requesting the public to cease patronizing such other employer.
However, publicity which includes picketing and has the effect of
requesting the public to cease patronizing such other employer, shall
be permitted only if the labor organization is currently certified
as the representative of the primary employer's employees.
Further, publicity other than picketing, but including peaceful
distribution of literature which has the effect of requesting the
public to cease patronizing such other employer, shall be permitted
only if the labor organization has not lost an election for the
primary employer's employees within the preceding 12-month period,
and no other labor organization is currently certified as the
representative of the primary employer's employees.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing, which may not be prohibited
under the United States Constitution or the California Constitution.
Nor shall anything in this subdivision (d) be construed to apply
or be applicable to any labor organization in its representation of
workers who are not agricultural employees. Any such labor
organization shall continue to be governed in its intrastate
activities for nonagricultural workers by Section 923 and applicable
judicial precedents.
(e) To require of employees covered by an agreement authorized
under subdivision (c) of Section 1153 the payment, as a condition
precedent to becoming a member of such organization, of a fee in an
amount which the board finds excessive or discriminatory under all
circumstances. In making such a finding, the board shall consider,
among other relevant factors, the practices and customs of labor
organizations in the agriculture industry and the wages currently
paid to the employees affected.
(f) To cause or attempt to cause an agricultural employer to pay
or deliver, or agree to pay or deliver, any money or other thing of
value, in the nature of an exaction, for services which are not
performed or not to be performed.
(g) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with a labor
organization as the representative of his employees, or forcing or
requiring the employees of an employer to accept or select such labor
organization as their collective-bargaining representative, unless
such labor organization is currently certified as the representative
of such employees, in any of the following cases:
(1) Where the employer has lawfully recognized in accordance with
this part any other labor organization and a question concerning
representation may not appropriately be raised under Section 1156.3.
(2) Where within the preceding 12 months a valid election under
Chapter 5 (commencing with Section 1156) of this part has been
conducted.
Nothing in this subdivision shall be construed to prohibit any
picketing or other publicity for the purpose of truthfully advising
the public (including consumers) that an employer does not employ
members of, or have a contract with, a labor organization, unless an
effect of such picketing is to induce any individual employed by any
other person in the course of his employment, not to pick up,
deliver, or transport any goods or not to perform any services.
Nothing in this subdivision (g) shall be construed to permit any
act which would otherwise be an unfair labor practice under this
section.
(h) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with the
labor organization as a representative of his employees unless such
labor organization is currently certified as the
collective-bargaining representative of such employees.
(i) Nothing contained in this section shall be construed to make
unlawful a refusal by any person to enter upon the premises of any
agricultural employer, other than his own employer, if the employees
of such employer are engaged in a strike ratified or approved by a
representative of such employees whom such employer is required to
recognize under this part.
1154.5. It shall be an unfair labor practice for any labor
organization which represents the employees of the employer and such
employer to enter into any contract or agreement, express or implied,
whereby such employer ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting, or otherwise
dealing in any of the products of any other employer, or to cease
doing business with any other person, and any contract or agreement
entered into heretofore or hereafter containing such an agreement
shall be, to such extent, unenforceable and void. Nothing in this
section shall apply to an agreement between a labor organization and
an employer relating to a supplier of an ingredient or ingredients
which are integrated into a product produced or distributed by such
employer where the labor organization is certified as the
representative of the employees of such supplier, but no
collective-bargaining agreement between such supplier and such labor
organization is in effect. Further, nothing in this section shall
apply to an agreement between a labor organization and an
agricultural employer relating to the contracting or subcontracting
of work to be done at the site of the farm and related operations.
Nothing in this part shall prohibit the enforcement of any agreement
which is within the foregoing exceptions.
Nor shall anything in this section be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.
1154.6. It shall be an unfair labor practice for an employer or
labor organization, or their agents, willfully to arrange for persons
to become employees for the primary purpose of voting in elections.
1155. The expressing of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute evidence of an unfair labor
practice under the provisions of this part, if such expression
contains no threat of reprisal or force, or promise of benefit.
1155.2. (a) For purposes of this part, to bargain collectively in
good faith is the performance of the mutual obligation of the
agricultural employer and the representative of the agricultural
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment, or the negotiation of an agreement, or any questions
arising thereunder, and the execution of a written contract
incorporating any agreement reached if requested by either party, but
such obligation does not compel either party to agree to a proposal
or require the making of a concession.
(b) Upon the filing by any person of a petition not earlier than
the 90th day nor later than the 60th day preceding the expiration of
the 12-month period following initial certification, the board shall
determine whether an employer has bargained in good faith with the
currently certified labor organization. If the board finds that the
employer has not bargained in good faith, it may extend the
certification for up to one additional year, effective immediately
upon the expiration of the previous 12-month period following initial
certification.
1155.3. (a) Where there is in effect a collective-bargaining
contract covering agricultural employees, the duty to bargain
collectively shall also mean that no party to such contract shall
terminate or modify such contract, unless the party desiring such
termination or modification does all of the following:
(1) Serves a written notice upon the other party to the contract
of the proposed termination or modification not less than 60 days
prior to the expiration date thereof, or, in the event such contract
contains no expiration date, 60 days prior to the time it is proposed
to make such termination or modification.
(2) Offers to meet and confer with the other party for the purpose
of negotiating a new contract or a contract containing the proposed
modifications.
(3) Notifies the Conciliation Service of the State of California
within 30 days after such notice of the existence of a dispute,
provided no agreement has been reached by that time.
(4) Continues in full force and effect, without resorting to
strike or lockout, all the terms and conditions of the existing
contract, for a period of 60 days after such notice is given, or
until the expiration date of such contract, whichever occurs later.
(b) The duties imposed upon agricultural employers and labor
organizations by paragraphs (2), (3), and (4) of subdivision (a)
shall become inapplicable upon an intervening certification of the
board that the labor organization or individual which is a party to
the contract has been superseded as, or has ceased to be the
representative of the employees, subject to the provisions of Chapter
5 (commencing with Section 1156) of this part, and the duties so
imposed shall not be construed to require either party to discuss or
agree to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened under the
provisions of the contract. Any agricultural employee who engages in
a strike within the 60-day period specified in this section shall
lose his status as an agricultural employee of the agricultural
employer engaged in the particular labor dispute, for the purposes of
Section 1153 to 1154 inclusive, and Chapters 5 (commencing with
Section 1156) and 6 (commencing with Section 1160) of this part, but
such loss of status for such employee shall terminate if and when he
is reemployed by such employer.
1155.4. It shall be unlawful for any agricultural employer or
association of agricultural employers, or any person who acts as a
labor relations expert, adviser, or consultant to an agricultural
employer, or who acts in the interest of an agricultural employer, to
pay, lend, or deliver, any money or other thing of value to any of
the following:
(a) Any representative of any of his agricultural employees.
(b) Any agricultural labor organization, or any officer or
employee thereof, which represents, seeks to represent, or would
admit to membership, any of the agricultural employees of such
employer.
(c) Any employee or group or committee of employees of such
employer in excess of their normal compensation for the purpose of
causing such employee or group or committee directly or indirectly to
influence any other employees in the exercise of the right to
organize and bargain collectively through representatives of their
own choosing.
(d) Any officer or employee of an agricultural labor organization
with intent to influence him in respect to any of his actions,
decisions, or duties as a representative of agricultural employees or
as such officer or employee of such labor organization.
1155.5. It shall be unlawful for any person to request, demand,
receive, or accept, or agree to receive or accept, any payment, loan,
or delivery of any money or other thing of value prohibited by
Section 1155.4.
1155.6. Nothing in Section 1155.4 or 1155.5 shall apply to any
matter set forth in subsection (c) of Section 186 of Title 29 of the
United States Code.
1155.7. Nothing in this chapter shall be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.
1153. It shall be an unfair labor practice for an agricultural
employer to do any of the following:
(a) To interfere with, restrain, or coerce agricultural employees
in the exercise of the rights guaranteed in Section 1152.
(b) To dominate or interfere with the formation or administration
of any labor organization or contribute financial or other support to
it. However, subject to such rules and regulations as may be made
and published by the board pursuant to Section 1144, an agricultural
employer shall not be prohibited from permitting agricultural
employees to confer with him during working hours without loss of
time or pay.
(c) By discrimination in regard to the hiring or tenure of
employment, or any term or condition of employment, to encourage or
discourage membership in any labor organization.
Nothing in this part, or in any other statute of this state, shall
preclude an agricultural employer from making an agreement with a
labor organization (not established, maintained, or assisted by any
action defined in this section as an unfair labor practice) to
require as a condition of employment, membership therein on or after
the fifth day following the beginning of such employment, or the
effective date of such agreement whichever is later, if such labor
organization is the representative of the agricultural employees as
provided in Section 1156 in the appropriate collective-bargaining
unit covered by such agreement. No employee who has been required to
pay dues to a labor organization by virtue of his employment as an
agricultural worker during any calendar month, shall be required to
pay dues to another labor organization by virtue of similar
employment during such month. For purposes of this chapter,
membership shall mean the satisfaction of all reasonable terms and
conditions uniformly applicable to other members in good standing;
provided, that such membership shall not be denied or terminated
except in compliance with a constitution or bylaws which afford full
and fair rights to speech, assembly, and equal voting and membership
privileges for all members, and which contain adequate procedures to
assure due process to members and applicants for membership.
(d) To discharge or otherwise discriminate against an agricultural
employee because he has filed charges or given testimony under this
part.
(e) To refuse to bargain collectively in good faith with labor
organizations certified pursuant to the provisions of Chapter 5
(commencing with Section 1156) of this part.
(f) To recognize, bargain with, or sign a collective-bargaining
agreement with any labor organization not certified pursuant to the
provisions of this part.
1154. It shall be an unfair labor practice for a labor organization
or its agents to do any of the following:
(a) To restrain or coerce:
(1) Agricultural employees in the exercise of the rights
guaranteed in Section 1152. This paragraph shall not impair the right
of a labor organization to prescribe its own rules with respect to
the acquisition or retention of membership therein.
(2) An agricultural employer in the selection of his
representatives for the purposes of collective bargaining or the
adjustment of grievances.
(b) To cause or attempt to cause an agricultural employer to
discriminate against an employee in violation of subdivision (c) of
Section 1153, or to discriminate against an employee with respect to
whom membership in such organization has been denied or terminated
for reasons other than failure to satisfy the membership requirements
specified in subdivision (c) of Section 1153.
(c) To refuse to bargain collectively in good faith with an
agricultural employer, provided it is the representative of his
employees subject to the provisions of Chapter 5 (commencing with
Section 1156) of this part.
(d) To do either of the following: (i) To engage in, or to induce
or encourage any individual employed by any person to engage in, a
strike or a refusal in the course of his employment to use,
manufacture, process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities, or to perform any
services; or (ii) to threaten, coerce, or restrain any person; where
in either case (i) or (ii) an object thereof is any of the following:
(1) Forcing or requiring any employer or self-employed person to
join any labor or employer organization or to enter into any
agreement which is prohibited by Section 1154.5.
(2) Forcing or requiring any person to cease using, selling,
transporting, or otherwise dealing in the products of any other
producer, processor, or manufacturer, or to cease doing business with
any other person, or forcing or requiring any other employer to
recognize or bargain with a labor organization as the representative
of his employees unless such labor organization has been certified as
the representative of such employees. Nothing contained in this
paragraph shall be construed to make unlawful, where not otherwise
unlawful, any primary strike or primary picketing.
(3) Forcing or requiring any employer to recognize or bargain with
a particular labor organization as the representative of his
agricultural employees if another labor organization has been
certified as the representative of such employees under the
provisions of Chapter 5 (commencing with Section 1156) of this part.
(4) Forcing or requiring any employer to assign particular work to
employees in a particular labor organization or in a particular
trade, craft, or class, unless such employer is failing to conform to
an order or certification of the board determining the bargaining
representative for employees performing such work.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing for the purpose of truthfully
advising the public, including consumers, that a product or products
or ingredients thereof are produced by an agricultural employer with
whom the labor organization has a primary dispute and are
distributed by another employer, as long as such publicity does not
have an effect of inducing any individual employed by any person
other than the primary employer in the course of his employment to
refuse to pick up, deliver, or transport any goods, or not to perform
any services at the establishment of the employer engaged in such
distribution, and as long as such publicity does not have the effect
of requesting the public to cease patronizing such other employer.
However, publicity which includes picketing and has the effect of
requesting the public to cease patronizing such other employer, shall
be permitted only if the labor organization is currently certified
as the representative of the primary employer's employees.
Further, publicity other than picketing, but including peaceful
distribution of literature which has the effect of requesting the
public to cease patronizing such other employer, shall be permitted
only if the labor organization has not lost an election for the
primary employer's employees within the preceding 12-month period,
and no other labor organization is currently certified as the
representative of the primary employer's employees.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing, which may not be prohibited
under the United States Constitution or the California Constitution.
Nor shall anything in this subdivision (d) be construed to apply
or be applicable to any labor organization in its representation of
workers who are not agricultural employees. Any such labor
organization shall continue to be governed in its intrastate
activities for nonagricultural workers by Section 923 and applicable
judicial precedents.
(e) To require of employees covered by an agreement authorized
under subdivision (c) of Section 1153 the payment, as a condition
precedent to becoming a member of such organization, of a fee in an
amount which the board finds excessive or discriminatory under all
circumstances. In making such a finding, the board shall consider,
among other relevant factors, the practices and customs of labor
organizations in the agriculture industry and the wages currently
paid to the employees affected.
(f) To cause or attempt to cause an agricultural employer to pay
or deliver, or agree to pay or deliver, any money or other thing of
value, in the nature of an exaction, for services which are not
performed or not to be performed.
(g) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with a labor
organization as the representative of his employees, or forcing or
requiring the employees of an employer to accept or select such labor
organization as their collective-bargaining representative, unless
such labor organization is currently certified as the representative
of such employees, in any of the following cases:
(1) Where the employer has lawfully recognized in accordance with
this part any other labor organization and a question concerning
representation may not appropriately be raised under Section 1156.3.
(2) Where within the preceding 12 months a valid election under
Chapter 5 (commencing with Section 1156) of this part has been
conducted.
Nothing in this subdivision shall be construed to prohibit any
picketing or other publicity for the purpose of truthfully advising
the public (including consumers) that an employer does not employ
members of, or have a contract with, a labor organization, unless an
effect of such picketing is to induce any individual employed by any
other person in the course of his employment, not to pick up,
deliver, or transport any goods or not to perform any services.
Nothing in this subdivision (g) shall be construed to permit any
act which would otherwise be an unfair labor practice under this
section.
(h) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with the
labor organization as a representative of his employees unless such
labor organization is currently certified as the
collective-bargaining representative of such employees.
(i) Nothing contained in this section shall be construed to make
unlawful a refusal by any person to enter upon the premises of any
agricultural employer, other than his own employer, if the employees
of such employer are engaged in a strike ratified or approved by a
representative of such employees whom such employer is required to
recognize under this part.
1154.5. It shall be an unfair labor practice for any labor
organization which represents the employees of the employer and such
employer to enter into any contract or agreement, express or implied,
whereby such employer ceases or refrains, or agrees to cease or
refrain, from handling, using, selling, transporting, or otherwise
dealing in any of the products of any other employer, or to cease
doing business with any other person, and any contract or agreement
entered into heretofore or hereafter containing such an agreement
shall be, to such extent, unenforceable and void. Nothing in this
section shall apply to an agreement between a labor organization and
an employer relating to a supplier of an ingredient or ingredients
which are integrated into a product produced or distributed by such
employer where the labor organization is certified as the
representative of the employees of such supplier, but no
collective-bargaining agreement between such supplier and such labor
organization is in effect. Further, nothing in this section shall
apply to an agreement between a labor organization and an
agricultural employer relating to the contracting or subcontracting
of work to be done at the site of the farm and related operations.
Nothing in this part shall prohibit the enforcement of any agreement
which is within the foregoing exceptions.
Nor shall anything in this section be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.
1154.6. It shall be an unfair labor practice for an employer or
labor organization, or their agents, willfully to arrange for persons
to become employees for the primary purpose of voting in elections.
1155. The expressing of any views, arguments, or opinions, or the
dissemination thereof, whether in written, printed, graphic, or
visual form, shall not constitute evidence of an unfair labor
practice under the provisions of this part, if such expression
contains no threat of reprisal or force, or promise of benefit.
1155.2. (a) For purposes of this part, to bargain collectively in
good faith is the performance of the mutual obligation of the
agricultural employer and the representative of the agricultural
employees to meet at reasonable times and confer in good faith with
respect to wages, hours, and other terms and conditions of
employment, or the negotiation of an agreement, or any questions
arising thereunder, and the execution of a written contract
incorporating any agreement reached if requested by either party, but
such obligation does not compel either party to agree to a proposal
or require the making of a concession.
(b) Upon the filing by any person of a petition not earlier than
the 90th day nor later than the 60th day preceding the expiration of
the 12-month period following initial certification, the board shall
determine whether an employer has bargained in good faith with the
currently certified labor organization. If the board finds that the
employer has not bargained in good faith, it may extend the
certification for up to one additional year, effective immediately
upon the expiration of the previous 12-month period following initial
certification.
1155.3. (a) Where there is in effect a collective-bargaining
contract covering agricultural employees, the duty to bargain
collectively shall also mean that no party to such contract shall
terminate or modify such contract, unless the party desiring such
termination or modification does all of the following:
(1) Serves a written notice upon the other party to the contract
of the proposed termination or modification not less than 60 days
prior to the expiration date thereof, or, in the event such contract
contains no expiration date, 60 days prior to the time it is proposed
to make such termination or modification.
(2) Offers to meet and confer with the other party for the purpose
of negotiating a new contract or a contract containing the proposed
modifications.
(3) Notifies the Conciliation Service of the State of California
within 30 days after such notice of the existence of a dispute,
provided no agreement has been reached by that time.
(4) Continues in full force and effect, without resorting to
strike or lockout, all the terms and conditions of the existing
contract, for a period of 60 days after such notice is given, or
until the expiration date of such contract, whichever occurs later.
(b) The duties imposed upon agricultural employers and labor
organizations by paragraphs (2), (3), and (4) of subdivision (a)
shall become inapplicable upon an intervening certification of the
board that the labor organization or individual which is a party to
the contract has been superseded as, or has ceased to be the
representative of the employees, subject to the provisions of Chapter
5 (commencing with Section 1156) of this part, and the duties so
imposed shall not be construed to require either party to discuss or
agree to any modification of the terms and conditions contained in a
contract for a fixed period, if such modification is to become
effective before such terms and conditions can be reopened under the
provisions of the contract. Any agricultural employee who engages in
a strike within the 60-day period specified in this section shall
lose his status as an agricultural employee of the agricultural
employer engaged in the particular labor dispute, for the purposes of
Section 1153 to 1154 inclusive, and Chapters 5 (commencing with
Section 1156) and 6 (commencing with Section 1160) of this part, but
such loss of status for such employee shall terminate if and when he
is reemployed by such employer.
1155.4. It shall be unlawful for any agricultural employer or
association of agricultural employers, or any person who acts as a
labor relations expert, adviser, or consultant to an agricultural
employer, or who acts in the interest of an agricultural employer, to
pay, lend, or deliver, any money or other thing of value to any of
the following:
(a) Any representative of any of his agricultural employees.
(b) Any agricultural labor organization, or any officer or
employee thereof, which represents, seeks to represent, or would
admit to membership, any of the agricultural employees of such
employer.
(c) Any employee or group or committee of employees of such
employer in excess of their normal compensation for the purpose of
causing such employee or group or committee directly or indirectly to
influence any other employees in the exercise of the right to
organize and bargain collectively through representatives of their
own choosing.
(d) Any officer or employee of an agricultural labor organization
with intent to influence him in respect to any of his actions,
decisions, or duties as a representative of agricultural employees or
as such officer or employee of such labor organization.
1155.5. It shall be unlawful for any person to request, demand,
receive, or accept, or agree to receive or accept, any payment, loan,
or delivery of any money or other thing of value prohibited by
Section 1155.4.
1155.6. Nothing in Section 1155.4 or 1155.5 shall apply to any
matter set forth in subsection (c) of Section 186 of Title 29 of the
United States Code.
1155.7. Nothing in this chapter shall be construed to apply or be
applicable to any labor organization in its representation of workers
who are not agricultural employees. Any such labor organization
shall continue to be governed in its intrastate activities for
nonagricultural workers by Section 923 and applicable judicial
precedents.
