AB 3094: Agricultural labor relations: labor representative elections: misconduct.

Existing law requires the Agricultural Labor Relations Board to certify the results of an election conducted by secret ballot of employees in a collective bargaining unit to designate a collective bargaining representative, unless the board determines there are sufficient grounds to refuse to do so. Existing law further provides that if the board refuses to certify an election because of employer misconduct that would render slight the chances of a new election reflecting the free and fair choice of employees, that the labor organization shall be certified as the bargaining representative for the bargaining unit.

This bill would instead provide that, if the board finds that misconduct by board personnel, the employer, or the labor organization affected the result of the election, the board shall refuse to certify the election and order a new election to be conducted, unless the board finds that misconduct by the employer or labor organization is so egregious that conducting a new election would not likely reflect the free and fair choice of the employees, in which case the board would be required to certify the election against the party that engaged in the misconduct, subject to review by the appropriate appellate court.