December 29, 2022

The Agricultural Labor Relations Board (ALRB) has released guidance on actions it has taken to implement AB 2183 (Stone), the “card check” bill that was signed by Gov. Gavin Newsom in September and that will take effect on Jan. 1.

The guidance webpage includes a description of AB 2183, a form an employer may use to register for a “labor peace” election (please see Card Check; Opt for Labor Peace or Not?, FELS Newsletter, November 2022) (Editor’s Note: FELS strongly urges farm employers not to opt for “labor peace” status [or if you are considering it, to seek legal counsel before doing so to fully understand the legal obligations you are taking on], as it requires you to give up your rights to keep union organizers off your property and to speak with your employees about why you believe a union is not beneficial); a form to allow employees and unions to order mail voting kits (if you have opted for “labor peace”) and petition forms for unions to petition the ALRB for a “labor peace” mail ballot election or a “non-labor peace” card check election.

The webpage also includes a link to the online list the ALRB will maintain of employers who have opted for “labor peace” — employers who will likely be early targets of union-organizing efforts.

Here is the email from the ALRB to stakeholders announcing the guidance:

ALRB Releases Guidance and Information Regarding Implementation of AB 2183

On December 28, 2022, the Agricultural Labor Relations Board (ALRB) released guidance regarding the implementation of recently adopted amendments in AB 2183 to the Agricultural Labor Relations Act. Agricultural employers may now register to enter into a labor peace compact pursuant to new Labor Code section 1156.35 using the ALRB’s website. A list of employers who enter into a labor peace compact also will be available on the ALRB’s website. The ALRB also has released updated procedural forms applicable to the labor peace and non-labor peace election alternatives adopted in AB 2183, including a form for requesting mail-ballots for a labor peace election.

The AB 2183 guidance, updated forms, and employer labor peace compact registration page are available on the Procedural Forms page on the ALRB’s web site at: https://www.alrb.ca.gov/forms-publications/procedural-forms/

FELS is preparing training and information materials for FELS Newsletter subscribers and FELS’ clients, which will be available soon. FELS also has four bilingual Labor Management Consultants who can help educate you and your supervisors about card check and the hazards to your employees of signing authorization cards or petitions (which will no longer signify merely an interest in voting in an election but are effectively a vote for a union in a card-check scenario). For more information, or if you have questions, please email info@fels.net or all us at 800-753-9073.