2007 California Labor Code Chapter 6. Prevention Of Unfair Labor Practices And Judicial Review And Enforcement

CA Codes (lab:1160-1161)

1160.  The board is empowered, as provided in this chapter, to
prevent any person from engaging in any unfair labor practice, as set
forth in Chapter 4 (commencing with Section 1153) of this part.



1160.2.  Whenever it is charged that any person has engaged in or is
engaging in any such unfair labor practice, the board, or any agent
or agency designated by the board for such purposes, shall have power
to issue and cause to be served upon such person a complaint stating
the charges in that respect, and containing a notice of hearing
before the board or a member thereof, or before a designated agency
or agencies, at a place therein fixed, not less than five days after
the serving of such complaint.  No complaint shall issue based upon
any unfair labor practice occurring more than six months prior to the
filing of the charge with the board and the service of a copy
thereof upon the person against whom such charge is made, unless the
person aggrieved thereby was prevented from filing such charge by
reason of service in the armed forces, in which event the six-month
period shall be computed from the day of his discharge.  Any such
complaint may be amended by the member, agent, or agency conducting
the hearing, or the board in its discretion, at any time prior to the
issuance of an order based thereon.  The person so complained
against shall have the right to file an answer to the original or
amended complaint and to appear in person or otherwise and give
testimony at the place and time fixed in the complaint.  In the
discretion of the member, agent, or agency conducting the hearing or
the board, any other person may be allowed to intervene in the
proceeding and to present testimony.  Any such proceeding shall, so
far as practicable, be conducted in accordance with the Evidence
Code.  All proceedings shall be appropriately reported.



1160.3.  The testimony taken by such member, agent, or agency, or
the board in such hearing shall be reduced to writing and filed with
the board.  Thereafter, in its discretion, the board, upon notice,
may take further testimony or hear argument.  If, upon the
preponderance of the testimony taken, the board shall be of the
opinion that any person named in the complaint has engaged in or is
engaging in any such unfair labor practice, the board shall state its
findings of fact and shall issue and cause to be served on such
person an order requiring such person to cease and desist from such
unfair labor practice, to take affirmative action, including
reinstatement of employees with or without backpay, and making
employees whole, when the board deems such relief appropriate, for
the loss of pay resulting from the employer's refusal to bargain, and
to provide such other relief as will effectuate the policies of this
part.  Where an order directs reinstatement of an employee, backpay
may be required of the employer or labor organization, as the case
may be, responsible for the discrimination suffered by him.  Such
order may further require such person to make reports from time to
time showing the extent to which it has complied with the order.  If,
upon the preponderance of the testimony taken, the board shall be of
the opinion that the person named in the complaint has not engaged
in or is not engaging in any unfair labor practice, the board shall
state its findings of fact and shall issue an order dismissing the
complaint.  No order of the board shall require the reinstatement of
any individual as an employee who has been suspended or discharged,
or the payment to him of any backpay, if such individual was
suspended or discharged for cause.  In case the evidence is presented
before a member of the board, or before an administrative law
officer thereof, such member, or such administrative law officer, as
the case may be, shall issue and cause to be served on the parties to
the proceedings a proposed report, together with a recommended
order, which shall be filed with the board, and, if no exceptions are
filed within 20 days after service thereof upon such parties, or
within such further period as the board may authorize, such
recommended order shall become the order of the board and become
effective as therein prescribed.
   Until the record in a case shall have been filed in a court, as
provided in this chapter, the board may, at any time upon reasonable
notice and in such manner as it shall deem proper, modify or set
aside, in whole or in part, any finding or order made or issued by
it.


1160.4.  The board shall have power, upon issuance of a complaint as
provided in Section 1160.2 charging that any person has engaged in
or is engaging in an unfair labor practice, to petition the superior
court in any county wherein the unfair labor practice in question is
alleged to have occurred, or wherein such person resides or transacts
business, for appropriate temporary relief or restraining order.
Upon the filing of any such petition, the board shall cause notice
thereof to be served upon such person, and thereupon the court shall
have jurisdiction to grant to the board such temporary relief or
restraining order as the court deems just and proper.



1160.5.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (4) of
subdivision (d) of Section 1154, the board is empowered and directed
to hear and determine the dispute out of which such unfair labor
practice shall have arisen, unless within 10 days after notice that
such charge has been filed, the parties to such dispute submit to the
board satisfactory evidence that they have adjusted, or agreed upon
methods for the voluntary adjustment of the dispute.  Upon compliance
by the parties to the dispute with the decision of the board or upon
such voluntary adjustment of the dispute, such charge shall be
dismissed.



1160.6.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of paragraph (1), (2), or
(3) of subdivision (d), or of subdivision (g), of Section 1154, or of
Section 1155, the preliminary investigation of such charge shall be
made forthwith and given priority over all other cases except cases
of like character in the office where it is filed or to which it is
referred.  If, after such investigation, the officer or regional
attorney to whom the matter may be referred has reasonable cause to
believe such charge is true and that a complaint should issue, he
shall, on behalf of the board, petition the superior court in the
county in which the unfair labor practice in question has occurred,
is alleged to have occurred, or where the person alleged to have
committed the unfair labor practice resides or transacts business,
for appropriate injunctive relief pending the final adjudication of
the board with respect to the matter.  The officer or regional
attorney shall make all reasonable efforts to advise the party
against whom the restraining order is sought of his intention to seek
such order at least 24 hours prior to doing so.  In the event the
officer or regional attorney has been unable to advise such party of
his intent at least 24 hours in advance, he shall submit a
declaration to the court under penalty of perjury setting forth in
detail the efforts he has made.  Upon the filing of any such
petition, the superior court shall have jurisdiction to grant such
injunctive relief or temporary restraining order as it deems just and
proper. Upon the filing of any such petition, the board shall cause
notice thereof to be served upon any person involved in the charge
and such person, including the charging party, shall be given an
opportunity to appear by counsel and present any relevant testimony.
For the purposes of this section, the superior court shall be deemed
to have jurisdiction of a labor organization either in the county in
which such organization maintains its principal office, or in any
county in which its duly authorized officers or agents are engaged in
promoting or protecting the interests of employee members.  The
service of legal process upon such officer or agent shall constitute
service upon the labor organization and make such organization a
party to the suit.  In situations where such relief is appropriate,
the procedure specified herein shall apply to charges with respect to
paragraph (4) of subdivision (d) of Section 1154.



1160.7.  Whenever it is charged that any person has engaged in an
unfair labor practice within the meaning of subdivision (c) of
Section 1153 or subdivision (b) of Section 1154, such charge shall be
given priority over all other cases except cases of like character
in the office where it is filed or to which it is referred and cases
given priority under Section 1160.6.



1160.8.  Any person aggrieved by the final order of the board
granting or denying in whole or in part the relief sought may obtain
a review of such order in the court of appeal having jurisdiction
over the county wherein the unfair labor practice in question was
alleged to have been engaged in, or wherein such person resides or
transacts business, by filing in such court a written petition
requesting that the order of the board be modified or set aside.
Such petition shall be filed with the court within 30 days from the
date of the issuance of the board's order.  Upon the filing of such
petition, the court shall cause notice to be served upon the board
and thereupon shall have jurisdiction of the proceeding.  The board
shall file in the court the record of the proceeding, certified by
the board within 10 days after the clerk's notice unless such time is
extended by the court for good cause shown.  The court shall have
jurisdiction to grant to the board such temporary relief or
restraining order it deems just and proper and in like manner to make
and enter a decree enforcing, modifying and enforcing as so
modified, or setting aside in whole or in part, the order of the
board.  The findings of the board with respect to questions of fact
if supported by substantial evidence on the record considered as a
whole shall in like manner be conclusive.
   An order directing an election shall not be stayed pending review,
but such order may be reviewed as provided in Section 1158.
   If the time for review of the board order has lapsed, and the
person has not voluntarily complied with the board's order, the board
may apply to the superior court in any county in which the unfair
labor practice occurred or wherein such person resides or transacts
business for enforcement of its order.  If after hearing, the court
determines that the order was issued pursuant to procedures
established by the board and that the person refuses to comply with
the order, the court shall enforce such order by writ of injunction
or other proper process.  The court shall not review the merits of
the order.



1160.9.  The procedures set forth in this chapter shall be the
exclusive method of redressing unfair labor practices.



1161.  (a) The Agricultural Employee Relief Fund is hereby created
as a special fund in the State Treasury and is continuously
appropriated to the Agricultural Labor Relations Board for the
purposes specified in subdivision (c).  The board shall act as a
trustee of all moneys deposited in the fund.
   (b) Any monetary relief ordered by the board pursuant to this part
to be paid by an employer to an employee shall be collected by the
board on behalf of the employee.  All monetary relief so collected by
the board shall be remitted to the employee for whom the board
collected the money.
   (c) (1) Notwithstanding Section 1519 of the Code of Civil
Procedure, if the board has made a diligent effort to locate an
employee on whose behalf the board has collected monetary relief
pursuant to this part, and is unable to locate the employee or the
lawful representative of the employee for a period of two years after
the date the board collected the monetary relief, the board shall
deposit those moneys in the fund.
   (2) Moneys in the fund shall be used by the board to pay employees
the unpaid balance of any monetary relief ordered by the board to be
paid by an employer to an employee.  Prior to making any payment
from the fund, the board first shall make a finding that, in an
individual case, the collection of the full amount of the monetary
relief ordered is not possible after reasonable efforts have been
made to collect the balance from the employer.
   (d) As used in this section, "fund" means the Agricultural
Employee Relief Fund.
   (e) On or before July 1, 2002, the board shall report to the
Legislature on the status of the fund.