(August 18, 2010) Despite recent amendments, a California Chamber of Commerce-opposed bill remains a “job killer.”
SB 1474 (Steinberg; D-Sacramento) is designed to increase union representation even when it is against the will of employees. Despite the recent amendments, the proposal undermines the process that now guarantees, through secret-ballot elections, a fair vote and the expression of agricultural employees’ true sentiments on the selection of a collective bargaining representative. This act will hurt California’s businesses by driving up costs, making employers less competitive in a global market.
As currently drafted, SB 1474 proposes a back door to unionization through the card check process, undermining agricultural employees’ right to a private ballot when deciding on union representation. It requires the Agricultural Labor Relations Board (ALRB) to certify a union when an election is set aside due to employer misconduct.
In contrast, current law requires that a rerun secret-ballot election be held unless the ALRB finds only a slight possibility that the effects of employer-committed unfair labor practices can be erased and a fair rerun election held.
The certification “remedy” in this bill for employer misconduct is premised upon the assumption that the authorization cards a union submitted to trigger an election showed a majority of employees supported the union. However, employees may sign authorization cards for other reasons, such as to merely call for an election, to stop a union organizer from continuing to pester them for their cards, or because they were tricked by misrepresentation as to the consequence of signing cards. To determine employees’ true preference regarding unionization—even in the wake of employer misconduct—a secret-ballot election is necessary.
Labor unions in California are experiencing a decline in membership. Bolstering their membership should occur because workers see a need, not by adulterating the election process. CalChamber supports the Agricultural Labor Relations Act and its provisions for agricultural labor protections, and rejects attempts to undermine the secret-ballot process in California in any way. Undermining the secret-ballot process sends the wrong message to new or growing businesses that could create jobs for California citizens.
Action Needed
SB 1474 will be heard in the Senate Labor and Industrial Relations Committee today. Contact the committee and urge them to oppose SB 1474.
Staff Contact: Marti Fisher