Labor Code § 1157 - California Law

Current Version

Amended by Stats. 2023, Ch. 7, Sec. 12. (AB 113) Effective May 15, 2023. Repealed as of January 1, 2028, by its own provisions. See later operative version added by Sec. 13 of Stats. 2023, Ch. 7.

(a)All agricultural employees of the employer whose names appear on the payroll applicable to the payroll period immediately preceding the filing of a petition under this chapter shall be eligible to vote or have their submitted authorization card or other proof of support deemed valid. An economic striker shall be eligible to vote or have their authorization card or other proof of support deemed valid under such regulations as the board shall find are consistent with the purposes and provisions of this part in any election or certification proceeding, provided that the striker who has been permanently replaced shall not be eligible to vote in any election conducted more than 12 months after the commencement of the strike or to submit an authorization card or other proof of support after this time.

(b)In the case of elections conducted within 18 months of the effective date of this part which involve labor disputes which commenced prior to such effective date, the board shall have the jurisdiction to adopt fair, equitable, and appropriate eligibility rules, which shall effectuate the policies of this part, with respect to the eligibility of economic strikers who were paid for work performed or for paid vacation during the payroll period immediately preceding the expiration of a collective-bargaining agreement or the commencement of a strike; provided, however, that in no event

shall the board afford eligibility to any such striker who has not performed any services for the employer during the 36-month period immediately preceding the effective date of this part.

(c)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.

Future Version

Repealed (in Sec. 12) and added by Stats. 2023, Ch. 7, Sec. 13. (AB 113) Effective May 15, 2023. Operative January 1, 2028, by its own provisions.

(a)All agricultural employees of the employer whose names appear on the payroll applicable to the payroll period immediately preceding the filing of the petition of such an election shall be eligible to vote. An economic striker shall be eligible to vote under such regulations as the board shall find are consistent with the purposes and provisions of this part in any election, provided that the striker who has been permanently replaced shall not be eligible to vote in any election conducted more than 12 months after the commencement of the strike.

(b)In the case of elections conducted within 18 months of the effective date of this part which involve labor disputes which

commenced prior to such effective date, the board shall have the jurisdiction to adopt fair, equitable, and appropriate eligibility rules, which shall effectuate the policies of this part, with respect to the eligibility of economic strikers who were paid for work performed or for paid vacation during the payroll period immediately preceding the expiration of a collective-bargaining agreement or the commencement of a strike; provided, however, that in no event shall the board afford eligibility to any such striker who has not performed any services for the employer during the 36-month period immediately preceding the effective date of this part.

(c)This section shall be operative January 1, 2028.