California Labor Code

§ 1164.10

LAB § 1164.10 Effective Jan 1, 2019Div. 2 · Part 3.5 · Ch. 6.5

Statute text

(a)At the conclusion of any review proceedings commenced under this chapter in which the board’s order is affirmed, and the terms set forth in the board’s order are not implemented or effective, the agricultural employer and the labor organization shall immediately implement the board’s order if the order has not already been implemented.

(b)If a collective bargaining agreement in a mediator’s report adopted as a final board order includes a duration provision setting a term for the agreement that has since expired during the course of any review proceedings, or other provisions that have become outdated or otherwise moot as a result of the passage of time during the course of review proceedings, either the agricultural employer or labor organization may file a request with the board for referral to mandatory mediation and conciliation with the original mediator that decided the disputed issues for purposes of updating those specific provisions. If that mediator is unavailable, the parties may agree to another mediator or the board shall request a list of mediators in accordance with subdivision (b) of Section 1164, and the parties shall be required to select a mediator within 48 hours of receipt of the mediator list, exclusive of weekends or holidays. Any request for referral to mediation shall be filed within 15 days after any judicial review proceedings become final. Any supplemental mandatory mediation and conciliation proceedings provided for in this section shall not extend to any other issues.

(c)Mandatory mediation and conciliation proceedings ordered by the board under subdivision (b) shall be in accordance with the provisions of this chapter, as applicable, except as provided in this subdivision. The mediation under this section shall be scheduled within seven days of the selection or reselection of the mediator. For purposes of complying with this seven-day period, the mediation may occur by telephone if so ordered by the mediator and the parties may submit their written positions and evidence electronically to the mediator. The mediator shall have 10 days to issue an order on the issues in dispute. The review provisions contained in Sections 1164.3 and 1164.5 shall apply.

Legislative history

Added by Stats. 2018, Ch. 718, Sec. 3. (AB 2751) Effective January 1, 2019.