California Officials Publish Guidance On Card Check Legislation - SHRM
California's Agricultural Labor Relations Board recently published an overview on AB 2183, the monumental "card check" legislation passed last year that makes it far easier for California agricultural workers to organize into unions.
The ALRB's guidance, published on their website on Dec. 28, 2022, includes information on the new law and a portal for employers to register a Labor Peace Compact, in which the employer agrees to act neutrally with respect to unionization.
Specifically, such a compact would see the employer agreeing to the following:
- Our lips are sealed: Not to make statements for or against union representation to employees or publicly (in writing or orally) at any time during employee hire, orientation, or after a Notice of Intent to Organize, Notice to Take Access, or petition is filed.
- Come on over: To allow union access to worksites. The U.S. Supreme Court recently decided that a California law requiring employers to provide such access was illegal. But agreeing to a Labor Peace Compact requires an employer to give up their rights to block access.
- Seriously, don't talk about it: To not engage in captive audience meetings where an employer would discuss unions or union representation. Employers can't disparage the union in written or verbal communications to employees or the public. Employers also can't express a preference for one union over another union.
The new guidance notes that employers that opt to enter a Labor Peace Compact must do so by...
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