1141-1150

LABOR CODE
SECTION 1141-1150




1141.  (a) There is hereby created in the Labor and Workforce
Development Agency the Agricultural Labor Relations Board, which
shall consist of five members.
   (b) The members of the board shall be appointed by the Governor
with the advice and consent of the Senate. The term of office of the
members shall be five years, and the terms shall be staggered at
one-year intervals. Upon the initial appointment, one member shall be
appointed for a term ending January 1, 1977, one member shall be
appointed for a term ending January 1, 1978, one member shall be
appointed for a term ending January 1, 1979, one member shall be
appointed for a term ending January 1, 1980, and one member shall be
appointed for a term ending January 1, 1981. Any individual appointed
to fill a vacancy of any member shall be appointed only for the
unexpired term of the member to whose term he or she is succeeding.
The Governor shall designate one member to serve as chairperson of
the board. Any member of the board may be removed by the Governor,
upon notice and hearing, for neglect of duty or malfeasance in
office, but for no other cause.



1142.  (a) The principal office of the board shall be in Sacramento,
but it may meet and exercise any or all of its power at any other
place in California.
   (b) Besides the principal office in Sacramento, as provided in
subdivision (a), the board may establish offices in such other cities
as it shall deem necessary. The board may delegate to the personnel
of these offices such powers as it deems appropriate to determine the
unit appropriate for the purpose of collective bargaining, to
investigate and provide for hearings, to determine whether a question
of representation exists, to direct an election by a secret ballot
pursuant to the provisions of Chapter 5 (commencing with Section
1156), and to certify the results of such election, and to
investigate, conduct hearings and make determinations relating to
unfair labor practices. The board may review any action taken
pursuant to the authority delegated under this section upon a request
for a review of such action filed with the board by an interested
party. Any such review made by the board shall not, unless
specifically ordered by the board, operate as a stay of any action
taken. The entire record considered by the board in considering or
acting upon any such request or review shall be made available to all
parties prior to such consideration or action, and the board's
findings and action thereon shall be published as a decision of the
board.


1142.5.  (a) The board shall maintain, at its principal office, a
telephone line 24 hours a day, seven days a week, for the purpose of
providing interested persons with information concerning their rights
and responsibilities under this part, or for referring such persons
to the appropriate agency or entity with the capacity to render
advice or help in dealing with any situation arising out of
agricultural labor disputes.
   In order to carry out its responsibilities pursuant to this
subdivision, the board may contract with an answering service to
receive telephone messages during periods of time that its principal
office is normally not open for business. Such messages shall be
transmitted to the board on the board's next business day, or at such
earlier time as the board specifies, or to its designated
representative at the earliest possible time.
   (b) Whenever a petition for an election has been filed in a
bargaining unit in which a majority of the employees are engaged in a
strike, the necessary and appropriate services of the board in the
region in which the election will be held shall be available to the
parties involved 24 hours a day until the election is held.



1143.  The board shall, at the close of each fiscal year, make a
report in writing to the Legislature and to the Governor stating in
detail the cases it has heard, the decisions it has rendered, the
names, salaries, and duties of all employees and officers in the
employ or under the supervision of the board, and an account of all
moneys it has disbursed.



1144.  The board may from time to time make, amend, and rescind, in
the manner prescribed in Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code, such rules
and regulations as may be necessary to carry out this part.



1144.5.  (a) Notwithstanding Section 11425.10 of the Government
Code, Chapter 4.5 (commencing with Section 11400) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to a
hearing by the board under this part, except a hearing to determine
an unfair labor practice charge.
   (b) Notwithstanding Sections 11425.30 and 11430.10 of the
Government Code, in a hearing to determine an unfair labor practice
charge, a person who has participated in a determination of probable
cause, injunctive or other pre-hearing relief, or other equivalent
preliminary determination in an adjudicative proceeding may serve as
presiding officer or as a supervisor of the presiding officer or may
assist or advise the presiding officer in the same proceeding.



1145.  The board may appoint an executive secretary and such
attorneys, hearing officers, administrative law officers, and other
employees as it may from time to time find necessary for the proper
performance of its duties. Attorneys appointed pursuant to this
section may, at the discretion of the board, appear for and represent
the board in any case in court. All employees appointed by the board
shall perform their duties in an objective and impartial manner
without prejudice toward any party subject to the jurisdiction of the
board.


1146.  The board is authorized to delegate to any group of three or
more board members any or all the powers which it may itself
exercise. A vacancy in the board shall not impair the right of the
remaining members to exercise all the powers of the board, and three
members shall at all times constitute a quorum. A vacancy shall be
filled in the same manner as an original appointment.



1147.  Each member of the board shall receive the salary provided
for by Chapter 6 (commencing with Section 11550) of Part 1 of
Division 3 of Title 2 of the Government Code.



1148.  The board shall follow applicable precedents of the National
Labor Relations Act, as amended.



1149.  There shall be a general counsel of the board who shall be
appointed by the Governor, subject to confirmation by a majority of
the Senate, for a term of four years. The general counsel shall have
the power to appoint such attorneys, administrative assistants, and
other employees as necessary for the proper exercise of his duties.
The general counsel of the board shall exercise general supervision
over all attorneys employed by the board (other than administrative
law officers and legal assistants to board members), and over the
officers and employees in the regional offices. He shall have final
authority, on behalf of the board, with respect to the investigation
of charges and issuance of complaints under Chapter 6 (commencing
with Section 1160) of this part, and with respect to the prosecution
of such complaints before the board. He shall have such other duties
as the board may prescribe or as may be provided by law. All
employees appointed by the general counsel shall perform their duties
in an objective and impartial manner without prejudice toward any
party subject to the jurisdiction of the board. In case of a vacancy
in the office of the general counsel, the Governor is authorized to
designate the officer or employee who shall act as general counsel
during such vacancy, but no person or persons so designated shall so
act either (1) for more than 40 days when the Legislature is in
session unless a nomination to fill such vacancy shall have been
submitted to the Senate, or (2) after the adjournment sine die of the
session of the Senate in which such nomination was submitted.




1150.  Each member of the board and the general counsel of the board
shall be eligible for reappointment, and shall not engage in any
other business, vocation, or employment.