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Agricultural Labor Relations Board seeks staff and resources to implement AB 113 majority‑support process

California State Assembly Budget Subcommittee No. 5 (Labor and Workforce Development) · February 25, 2025
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Summary

The Agricultural Labor Relations Board requested seven positions and about $1.9 million to implement AB 113, which creates a majority support petition certification pathway, new appellate bond requirements, and civil-penalty authority; the bill includes an implementation sunset date of 01/01/2028 and imposes expedited timelines for investigation

The Agricultural Labor Relations Board (ALRB) told the Assembly Budget Subcommittee No. 5 it needs seven additional positions and roughly $1.9 million from the Labor and Workforce Development Fund to implement Assembly Bill 113, which changes election procedures and adds appellate bond and civil-penalty provisions to the Agricultural Labor Relations Act.

Julia Montgomery, general counsel for the ALRB, outlined AB 113's principal changes: a majority-support petition process that allows a union to become certified as the collective bargaining representative upon showing majority support; expedited investigation timelines (the board must determine petition validity within five calendar days and hold hearings within 14 calendar days); a new appellate-bond calculation and posting requirement for employers seeking appellate review in certain cases; and new civil-penalty authority for the board.

ALRB officials said the new petition process and strict timeframes will generate substantial additional investigative and legal work, including interviewing farmworkers, rapidly evaluating evidence and calculating bond amounts before appeals can proceed. The board requested six positions in the general counsel division and one in the board's central office plus reclassification of three existing attorney positions to handle the increased caseload and statutory timing requirements.

Members asked about potential federal developments that could affect precedent; Montgomery said national NLRB decisions and federal immigration enforcement trends can affect worker participation and the ALRB's application of precedent. The administration and LAO offered no objections to the workload request during the hearing.

The committee held the request open for budget consideration and asked ALRB to continue coordination with Department of Finance and legislative staff on staffing and implementation timelines.