2007 California Food and Agricultural Code Article 5. Charges For Unloading Produce

CA Codes (fac:57031-57039)

57031.  (a) Any union representing registered unloaders is
authorized and entitled to bargain with the employer of the
registered unloaders to establish a scale of charges for unloading
produce.
   (b) If the union or unions representing registered unloaders and
the employer of registered unloaders are unable to agree on a scale
of charges, the director shall mediate the dispute pursuant to
Section 65 of the Labor Code.
   (c) The scale of charges in effect on December 31, 1978, shall
remain in effect until new charges are established pursuant to this
section.



57032.  The scale of charges which is established shall be the
standard charge for unloading any farm product in the market.



57033.  A person shall not charge or receive any payment for
unloading any farm product in excess of the standard charge which is
established for the market.


57034.  Each produce dealer shall post and maintain a legible copy
of the effective scale of charges established under this article in a
conspicuous place at his place of business where it is readily
visible at all times during which any farm product is delivered to
such place of business.



57035.  The commissioner or his representative shall investigate any
complaint brought to his attention involving produce dealers or
registered unloaders.


57036.  If a scale of charges is not established pursuant to
bargaining as provided for in Section 57031, the union may propose a
scale of charges for approval by the director.



57037.  After receipt of the scale of charges proposed by the union
pursuant to Section 57036, the director shall fix a time and place
for a hearing on the matter.  Notice of the hearing shall be
published and mailed to each produce dealer in the Counties of
Alameda and San Mateo and in the City and County of San Francisco and
to the union.  The director shall also notify any or all haulers and
producers of any farm product which is delivered to the market.



57038.  (a) At the hearing the director shall consider any relevant
matters that may be presented.
   (b) At or after the conclusion of the hearing, the director shall
determine whether or not the proposed scale is reasonable.  If the
director determines that the proposed scale is reasonable, the
director shall approve it and thereafter that scale of charges shall
be the standard charge for unloading any farm product in the market.
If the director determines that the scale is unreasonable, the
director shall adjust the scale or any item of the scale so that the
scale is not unreasonably higher than the prevailing rate for similar
work which is performed under similar conditions.  After this
adjustment, the scale shall be the standard charge for unloading any
farm product in the market.
   (c) In making the determination and, if necessary, the adjustment
required in subdivision (b), the director shall compare the scale
proposed by the union with any available information relating to the
charges for similar work which is performed under similar conditions
in the city in, or for, which the market is operated.  The director
may take into consideration any rates set by the Public Utilities
Commission for the performance of work of a similar nature.



57039.  The director may by regulation establish a fee in the amount
necessary to cover the costs that are incurred by the Department of
Industrial Relations in implementing this article.  Each party
participating in a hearing conducted pursuant to this article shall
pay an equal share of the fee.