1156.35. (a) As an alternative procedure to the polling place election process set forth in Section 1156.3, a labor organization may be certified as the exclusive bargaining representative of a bargaining unit through either a labor peace election or a non-labor peace election, dependent on whether an employer enrolls and agrees to a labor peace election for labor organization representation campaigns. A labor peace election or a non-labor peace election permits a bargaining unit to summarily select a labor organization as its representative for collective bargaining purposes without holding a polling place election.
(b) Every agricultural employer in this state shall have the option to indicate to the board whether they agree to a labor peace compact for purposes of this section. For calendar year 2023, this choice shall be made during the time period of January 1, 2023, through February 1, 2023. For all subsequent years, an agricultural employer shall exercise this option in the 30 days prior to January 1 of the following year.
(c) As used in this section, “labor peace compact” means an agreement by the employer that includes all of the following provisions:
(1) An agreement to make no statements for or against union representation to its employees or publicly, in any written or oral form, at any time during employee hire, rehire, or orientation, or after a Notice of Intent to Organize, Notice to Take Access, or petition for any type of election is filed.
(2) An agreement by the employer to voluntarily allow labor organization access as previously permitted under this part prior to the June 23, 2021, decision of the United States Supreme Court in Cedar Point Nursery v. Hassid (2021) 141 S.Ct. 2063.
(3) An agreement not to engage in any captive audience meetings. For purposes of this paragraph “captive audience meeting” means any meeting or communication between an employer or employer’s management, supervisors, representatives, or agents and one or more agricultural employees, whether voluntary or mandatory, or paid or unpaid, where there is any discussion of unions, union representation, unionization efforts, or other protected concerted activity, in any way.
(4) An agreement not to disparage the union in any written or verbal communications to employees or to the public.
(5) An agreement not to express any preference for one union over another union.
(d) A labor peace compact shall not prohibit an employer from communicating truthful statements to employees regarding workplace policies or benefits, providing that such communications make no reference to any union, unionization efforts, or other protected concerted activity.
(e) A labor peace compact shall be followed during employee hire, re-hire, or orientation, or after a Notice of Intent to Organize, Notice to Take Access, or petition for any type of election is filed. Where a petition for an election has been filed, the labor peace compact requirements shall continue until after an election concludes and the board issues a certification of the vote. A farm labor contractor shall be bound by the labor peace election choice of the agricultural employer for whom it performs work. A labor peace election choice shall remain valid for one year or for the duration of a mail ballot election campaign, whichever is longer, and shall automatically renew for successive years, unless revoked in the 30-day period prior to the commencement of the next calendar year in January. The board shall develop an online web-based labor peace election process that will allow employers to indicate their labor peace choice online, and that will allow labor organizations to see whether a specific agricultural employer has agreed to a labor peace election campaign. If an agricultural employer does not agree to a labor peace election campaign, the agricultural employer shall be deemed to be against that labor peace election choice
(f) If an agricultural employer agrees to a labor peace election campaign, then employees may make a choice regarding union representation through a mail ballot election as described in Section 1156.36. If an agricultural employer does not agree to a labor peace election campaign, then employees may make a choice regarding union representation through a non-labor peace election as described in Section 1156.37.
(g) If an agricultural employer violates its labor peace election campaign choice in any way during a mail ballot campaign, a labor organization may still be certified as representative of the affected bargaining unit, as outlined in Section 1156.36. If an agricultural employer violates its labor peace election campaign choice in any way and there is no certification through a mail ballot election or election objections process, the petitioning labor organization may conduct a non-labor peace election following the labor peace compact violation. A violation of a labor peace compact shall be determined by the board based on an administrative investigation regarding whether an employer made any statements for or against union representation to its employees or publicly, or whether it denied access to a labor organization. If the board requires a hearing to determine whether a violation occurred, the board shall expedite that hearing.
(h) As used in this section “polling place election” means the election process described in subdivision (b) of Section 1156.3.
(i) This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
(Added by Stats. 2022, Ch. 673, Sec. 1. (AB 2183) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions.)