AB 2183 Fact Sheet

• Signed by Gov. Gavin Newsom on Sept. 28, 2022; effective Jan. 1, 2023
• Major rewrite of how California ag employees decide on unionization
• Since 1975, the California Agricultural Labor Relations Act has provided for a two-step process for collective bargaining certification
  • A majority of an ag employer’s employees at ½ peak seasonal employment must sign “authorization” cards” asking the Agricultural Labor Relations Board (ALRB) to hold a secret-ballot, polling-place election
  • ALRB conducts the election; if a majority of eligible employees vote for union representation, the union is certified to represent them

• AB 2183 discards this secure process, replacing it with two options for ag employers
• First Option
  • An employer annually chooses “labor peace,” agreeing (1) not to express to its employees or publicly any opinion about union representation and (2) to give union organizers access to the workplace
  • Employer forfeits constitutional protection of private property affirmed by the U.S. Supreme Court in Cedar Point Nursery
  • Employees vote in an insecure mail ballot election that permits union involvement in acquiring, completing, and returning ballots, with ample opportunity for union agent coercion and intimidation of employees
  • Employers choosing the “labor peace” option will do so online, thus allowing unions to see that they agreed to a labor peace election campaign. That knowledge might well increase the likelihood that one or more unions will target those employers for unionization.
• Second Option
  • An employer not opting for “labor peace” retains free-speech and private-property rights, but can be unionized through a “card check” process

• No ballot box election, as required under current law, or mail ballot election is held among the employees
• Union can choose a ballot box election but almost certainly will instead initiate a card-check campaign
• Union gathers authorization cards signed by employees and petitions the ALRB for certification with a showing of majority support at employer’s ½ seasonal peak employment
• The employer then must submit to the ALRB and union a list of employees in the pay period before the petition’s submission
• If the ALRB finds the union has not demonstrated majority support, the union has 30 days while in possession of the employee list to coerce, intimidate or trick enough employees to sign authorization cards to demonstrate majority support

• Newsom also announced a sort of “agreement in principle” with CA Labor Federation and the United Farm Workers union to seek legislation in 2023 to make significant changes to the bill, doing away with the “labor peace/ non-labor peace” structure and simply reverting to card check for all union “elections”

Going forward after AB 2183

• Communicate with your employees
  • Ensure they understand their compensation; this is particularly important if you use piece-rate compensation systems, which can be complicated
  • Avoid sudden changes in work schedules forcing employees to re-arrange daycare, transportation of children to schools, and other aspects of personal lives
• Ensure that their pay, benefits and working conditions not only meet but exceed legal requirements
• Be sure pay/benefits/working conditions are competitive with employers in your area
• Ensure that payroll, workplace safety, and employee relations practices—including supervisor and foreperson treatment of employees–are up-to-par

• Agricultural employees who believe they are treated fairly and equitably won’t go to farmworker advocates and union organizers or other third parties seeking information or help
• Contact Farm Employers Labor Service (FELS®)
  • FELS provides products and information to help you understand federal and state workplace requirements as well as the latest legislative and regulatory developments
  • FELS Labor Management Consultants can provide a communications bridge to your workforce. They are bilingual and bicultural and have deep experience in working with agricultural businesses