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100.00 ALRB: OPERATIONS, JURISDICTION, AUTHORITY

100.00 Operations Of ALRA
100.01 In General; Name; Labor Code Section 1140
100.02 Retroactive Application
100.03 Statutory Policy; Labor Code Section 1140.2

101.00 Applicability Of NLRA And Lmrda Precedent And Other Statutes; Labor Code Section 1148

101.01 In General
101.02 Agriculture Distinguished; NLRA Not Applicable
101.03 ALRA Language Different Than NLRA
101.04 NLRA Substantive Law Applicable
101.05 NLRB's Procedural Rules Not Applicable
101.06 Resolution Of Conflicts Between ALRB And Other Federal Or State Statutes; Labor Code Section 1166.3(B)
101.07 Severability Of Provisions; Labor Code Section 1166.3(A)
101.08 Conflicts In Federal Precedent; Between Circuits; Between Circuits And NLRB
101.09 LMRDA Precedent

102.00 Scope Of ALRB Jurisdiction

102.01 In General
102.02 Jurisdictional Standards; Refusal Of NLRB Or ALRB To Take Jurisdiction
102.03 Jurisdiction Over Out-Of-State Conduct

103.00 Constitutionality Of ALRA

103.01 Federal Issues
103.02 State Issues

104.00 Constitutional, Statutory Authority Of Board

104.01 Authority Of Board In General; Validity And Application Of Regulations; Adjudication Vs. Regulations
104.02 Administrative Procedure Act As Affecting ALRB Jurisdiction And Procedure; Exclusion; Government Code Section 1150.1
104.03 Concurrent Or Conflicting Jurisdiction Of Board And Other Agencies
104.04 Conclusiveness Of Prior Determination By Federal Agencies Or Other State Agencies
104.05 Attorneys Fees And Costs

105.00 Division Of Authority Within ALRB

105.01 Organization Of ALRB, In General
105.02 Dual Function Of Board, Administrative Law Judges And Other Agents
105.03 Role Of Executive Secretary .
105.04 General Counsel Of ALRB
105.05 Delegation Of Authority; Panel Decision; Majority Or Lack Thereof
105.06 Regional Directors And Other Regional Personnel
105.07 Impartial Performance Of Duties Of Employees
105.08 Location Of Offices

106.00 Self-Imposed Restrictions On Authority Of Board

106.01 Board Jurisdiction To Review Dismissal Of Complaints
106.02 Board Jurisdiction To Review Settlement Agreements
106.03 Pendency Of Grievance Or Arbitration Proceedings, Effect Of
106.04 Conclusiveness Of Grievance Settlements Or Arbitration Awards
106.05 Crime Or Misdemeanor As Unfair Labor Practice
106.06 Interference With Board As Misdemeanor; Labor Code Section 1151.6
106.07 Exhaustion Of Remedies

200.00 PARTIES AFFECTED; DEFINITIONS

200.00 Employer-Employee Relationship Under ALRA
200.01 In General; Definitions Of Employer And Employee; Labor Code Sections 1140.4(B) And (C)
200.02 Seasonal Or Year-Round, Not Distinguished

201.00 Special Classes Of Employees; Groups Excluded From ALRA (See Section 312)

201.01 Security Guards, Farm Protection Employees.
201.02 Managerial And Confidential
201.03 Clerical
201.04 Packing Shed; Cooling Facility
201.05 Truck Drivers
201.06 Mechanics
201.07 Relatives
201.08 Professionals, Technical And Research Workers
201.09 Students
201.10 Construction, Land-Cleaning, Land Leveling And Surveying Workers; Labor Code Section 1140.4(B)
201.11 Domestic Gardeners
201.12 Labor Camp Cooks, Bus Drivers, Etc.
201.13 Sales Workers
201.14 Other Excluded Employees

202.00 Who Is An Employer? . . . . . . . . . . . . 200-10

202.01 In General; Definition, Labor Code Section 1140.4(C)
202.02 Cooperative
202.03 Harvesting Association
202.04 Hiring Association
202.05 Land Management Group
202.06 Custom Harvester
202.07 Labor Contractor Exclusion; Person Engaging As Employer; Labor Code Section 1682
202.08 Corporation Officials And Stockholders; Attorneys; Negotiators
202.09 Agents
202.10 Receivers And Trustees
202.11 Successor Companies; Alter Egos
202.12 Joint Or Separate Employers; Integrated Or Autonomous Operations
202.13 Lease Arrangements; Joint Ventures; Partnerships

203.00 Multi-Employer Associations . . . . . . . . 200-32

203.01 In General
203.02 Joining Or Withdrawal From Association
203.03 Validity And Enforcement Of Association Contracts

204.00 Supervisors . . . . . . . . . . . . . . . . 200-32

204.01 Coverage Of ALRA In General; Definition; Labor Code Sections 1140.4(J) And 1155.
204.02 Hiring Of Supervisors And Promotion To Supervisory Jobs
204.03 Assignments Or Direction Of Work; Adjustment Of Grievances; Independent Judgement; Responsibility
204.04 Authority Or Recommendations As To Hiring, Firing, Discipline, Promotion, Etc.; Rating Of Subordinates
204.05 Instructors And Management Trainees
204.06 Working Foremen And Group Leaders
204.07 Assistant, Temporary, Part-Time, Substitute Supervisors
204.08 Notice, Agreement, Admission Or Past Practice As To Authority; Job Title
204.09 Authority Not Exercised
204.10 Attendance At Management Meetings
204.11 Wage, Rate, Basis Of Pay, Special Benefits Or Privileges
204.12 Former Supervisors; Prospective Supervisors

205.00 Labor Organizations . . . . . . . . . . . . 200-38

205.01 In General; Definition; Labor Code Section 1140.4(F)
205.02 Dissolution Or Inactive Status; Successors Unions

300.00 QUESTION CONCERNING REPRESENTATION . . . . 300-1

300.01 In General, Labor Code Sections 1156-1159
300.02 Employer Petitions, Not Provided For
300.03 Disclaimer By Union, Abandonment Of Unit; Sufficiency In General

301.00 Picketing, Strike, Strike Threat, Or Boycott As Affecting Representation Question . . . . . . . . . . . . . . . . 300-1

301.01 In General
301.02 Petitions For Expedited Elections; Labor Code Section 1156.3(A)
301.03 Organizational Or Recognitional Picketing; Picketing; Labor Code Section 1154(G) (See Section 428)

302.00 Pre-Petition Matters . . . . . . . . . . . 300-2

302.01 Notice Of Intent To Take Access; Precertification Access (See Section 401)
302.02 Notice Of Intent To Organize; Pre-Petition Lists; Special Requirements In Citrus Industry
302.03 Worker Education; Board Agent Access; Investigative Authority (See Section 401)
302.04 Payroll List, Duty To Maintain; Labor Code Section 1157.3
302.05 Motions To Deny Access
302.06 Investigative Subpoenas

303.00 Peak . . . . . . . . . . . . . . . . . . . 300-8

303.01 In General; Labor Code Section 1156.4; Crop And Acreage Statistics
303.02 Past Peak
303.03 Prospective Peak

304.00 Showing Of Interest . . . . . . . . . . . . 300-15

304.01 In General
304.02 Petitioning Union, Showing By; Labor Code Section 1156.3(A)
304.03 Intervening Union, Showing By; Labor Code Section 1156.3(B)
304.04 Authorization Cards, Sufficiency; Fraud Or Coercion In Obtaining Authorization; Forgery
304.05 Change Of Affiliation Or Successor Union; Successor Companies
304.06 Time And Place For Filing Showing Of Interest; Labor Code Section 1156.3(A)(1)
304.07 Petition By Contracting Or Certified Union Or Union Now Recognized
304.08 Conflicting Claims Of Unions; Jurisdictional Disputes; No-Raiding Agreements; Schism In Union
304.09 Decertification Under Section 1156.3
304.10 Decertification Under Section 1156.7

305.00 Operation Of Presumptions . . . . . . . . . 300-17

305.01 In General

306.00 Contract-Bar Rules . . . . . . . . . . . . 300-18

306.01 In General; Labor Code Sections 1156.7(A) And (B)
306.02 Sixty Day No-Strike Period At End Of Contract; Effect Of; Labor Code Section 1155.3
306.03 Expiration Of Contract
306.04 Contract Extension Or New Agreement Before Reopening Or Termination Date; Premature Extension
306.05 Termination, Modification, Or Reopening Of Contract

307.00 Time For Filing Petition . . . . . . . . . 300-18

307.01 In General
307.02 Amendment Of Petition Or Successive Petitions, Effect Of
307.03 Dismissal Or Withdrawal Of Petition, Effect Of
307.04 Circumstances Excusing Delay In Filing Petition
307.05 Waiver Or Estoppel
307.06 Pendency Of Unfair Labor Practice Charges Or Other Proceedings; &Quot;Blocking Charge&Quot; Rule

308.00 Certification, Prior Election, Or Other Ruling As Bar . . . . . . . . . . . 300-20

308.01 In General
308.02 Period Of Certification Bar; Recertification; Petitions Filed During Certification Year
308.03 Prior Board Or Court Order Directing Employer Or Union To Bargain; Settlement Agreements
308.04 ALRB Election Within Year; Labor Code Section 1156.5
308.05 Extension Of Certification; Labor Code Section 1155.2(B)

309.00 Decertification And Rival Union Proceedings 300-22

309.01 In General; Time For Filing; Unit Designated; Labor Code Sections 1156.7(C) And (D)
309.02 Petition: Sufficiency; Who May File; Instigation By Employer (See Section 408)
309.03 Disclaimer, Effect Of; Withdrawal Or Dismissal Of Petition; Successive Petitions
309.04 Effect Of Decertification

310.00 Election And Certification . . . . . . . . 300-24

310.00 Runoff And Repeat Elections
310.01 In General; Labor Code Section 1157.2
310.02 Eligibility And Eligibility Date For Second Election
310.03 No Majority In First Election
310.04 Contest Or Vacation Of Second Election
310.05 Certification Of Results Of Election

311.00 Election And Certification Of Representative . . . . . . . . . . . . . 300-26

311.01 In General
311.02 Authority Of Courts And Board In General (See Sections 501 And 502)
311.03 Union's Right Or Duty To Participate; Designations Of Ballots
311.04 No-Union Choice
311.05 Foreign Language Ballots
311.06 Pre-Election Agreements

312.00 Eligibility To Vote . . . . . . . . . . . . 300-29

312.01 In General; Labor Code Section 1157 (See Section 201)
312.02 Names-And-Addresses (Excelsior) Rule; Eligibility Lists; Stipulations
312.03 Date As Of Which Eligibility Is Determined
312.04 Supervisors And Other Management Personnel
312.05 Confidential Employees, Relatives, Guards
312.06 Non-Agricultural Employees (Packing Shed, Cooling Facility, Mechanic, Etc.)
312.07 Strikers And Replacement Employees
312.08 Laid-Off Employees .
312.09 Discharged Or Quit Employees, Or Possibility Of Discharge
312.10 Probationary Or New Employees
312.11 Temporary Absence; Leave Of Absence
312.12 Employees Hired For The Purpose Of Voting; Labor Code Section 1154.6 (See Sections 446 And 316.12)

313.00 Circumstances Determining Property Of Election . . . . . . . . . . . . . . . . 300-50

313.01 In General
313.02 Seven Day Requirement, Labor Code Section 1156.3(A)
313.03 Representative Character Of Workforce; Peak; Voter Turnout
313.04 Strike Shutdown, Transfer Or Discontinuance Of Business, Or Successor Company; 48-Hour Elections, Labor Code Section 1156.3(A)
313.05 Pre-Election Conferences

314.00 Method Of Conducting Election . . . . . . . 300-55

314.01 Conduct Of Board Agents In General; Use Of Discretion
314.02 Communication With Parties
314.03 Secrecy Of Balloting; Handling Ballots And Ballot Box
314.04 Time Scheduled For Election; Departure From Scheduled Voting Time; Late Or Early Opening Of Polls
314.05 Place Of Holding Election; Multiple Voting Sites
314.06 Checking Names Or Challenging Voters
314.07 Voter Identification
314.08 Mail Balloting
314.09 Notice Of Election Or Of Pre-Election Hearings; Distribution; Defacement Of Notices; Voter Turnout
314.10 Observers
314.11 Tally Of Ballots; Segregation Or Impounding
314.12 Pooling Of Ballots
314.13 Order Directing Election; Board Designation Of Unit
314.14 Withdrawal From Ballot
314.15 Establishing Quarantine Area
314.16 Board Agent Bias Or Appearance Of Bias
314.17 Board Agrent Control Of Conduct In Voting Area
314.18 Representative Character Of Vote; Opportunity To Vote; Illiterate Or Foreign- Language Groups
314.19 Ballots Improperly Marked; Blank Ballots
314.20 Misprinted Ballots

315.00 Elections: ALRB Refusal To Certify . . . . 300-76

315.01 In General; Labor Code Section 1156.3(C)
315.02 Standard For Setting Aside Election; Outcome-Determinative Test
315.03 What Constitutes A Majority

316.00 Employer Interference With Elections . . . 300-81

316.01 In General
316.02 Union Access To Employees
316.03 No-Solicitation Rule; Meetings And Interviews; Calling In Employees
316.04 Visits To Employees' Homes; Transporting Employees To Polls
316.05 Distribution Of Literature; Photographs And Motion Pictures; Letters And Notices To Employees; Sample Ballots
316.06 Misrepresentations
316.07 Twenty-Four Hour Rule; Applicability; Union's Opportunity To Reply
316.08 Aid To Union; Favoritism Between Unions; Execution Or Enforcement Of Contracts; Labor Code Section 1155.4
316.09 Discharge, Layoffs, Transfers, Etc.; Claim Of Employer's Unfair Labor Practices
316.10 Speeches And Statements; Disparagement Of Union; Timing Of Statements; Union's Opportunity To Reply
316.11 Wage Increase Or Employee Benefits Granted Or Withheld
316.12 Hiring Persons To Vote, Labor Code Section 1154.6 (See Also Sections 312.12 And 446)
316.13 Threats And Promises; Questioning; Surveillance
316.14 Management Representatives At Or Near Polls
316.15 Racial, National Origin, Sex, Etc. Discrimination; Appeals To Prejudice
316.16 Violence Or Threats Of Violence
316.17 Conduct Of Observers
316.18 Allowing Employee To Circulate Petition Or Campaign During Work Hours
316.19 Employer Initiation And Support Of Decertification

317.00 Participating Union's Or Employee Interference With Election . . . . . . . 300-97

317.01 In General; Standards Applied To Party And Non-Party Conduct
317.02 Visits To Employees' Homes; Transporting Employees To Polls
317.03 Distribution Of Literature; Letters And Notices To Employees; Sample Ballots
317.04 Misrepresentations
317.05 Twenty-Four Hour Rule; Applicability; Employer's Or Rival Union's Opportunity To Reply
317.06 Statements; Threats; Inducements; Waiver Of Initiation Fee Or Dues
317.07 Union Appeals Through Insignia, Sound Trucks, Etc
317.08 Union Agents At Or Near Polls
317.09 Racial, National Origin, Sex, Etc. Discrimination; Appeals To Prejudice
317.10 Expulsion Of Members Or Other Union Discipline
317.11 Violence Or Threats Of Violence
317.12 Conduct Of Observers
317.13 Excess Access By Union Agents
317.14 Campaigning Or Conversations At Polling Site
317.15 Pro-Union Supervisors, Activity Of
317.16 Use Of Employee List To Check-Off Voters

318.00 Third-Party Interference; Unidentified Persons; Rumors . . . . . . . . . . . . . 300-124

318.01 In General

319.00 Unit For Bargaining; In General; Ranch-Wide, State-Wide; And Multi-Employer Unit . . . 300-127

319.01 In General; Labor Code Section 1156.2
319.02 Authority Of Courts And ALRB, In General
319.03 Presumptions As To Bargaining Unit, Multi-Employer Unit Not Favored
319.04 Non-Contiguous Geographical Areas; Single Definable Agricultural Production Area
319.05 Joint Employers; Integrated Enterprises
319.06 Prior Election Or Board Determination, Effect Of NLRB Certification
319.07 Accretions To Unit; Consolidation Of Units
319.08 Employees Not Included In Unit
319.09 Unit Issues Not Resolved During Election Proceedings
319.10 Changes In Employing Entity Affecting The Composition Of The Unit

320.00 Certification Of Representatives . . . . . 300-141

320.01 In General
320.02 Necessity For Election Before Certification
320.03 Board's Duty To Certify Union After Election
320.04 Successor Company Or Successor To Certified Union; Change Of Union's Affiliation; Local And International Unions
320.05 Scope, Duration, And Effect Of Certification
320.06 Clarification Or Amendment Of Unit Certification
320.07 Revocation Of Certification
320.08 Extension Of Certification

321.00 Procedure In Representation Cases . . . . . 300-147

321.01 In General
321.02 Scope Of Inquiry; Proof Of Unfair Labor Practices In Representation Case
321.03 Practice Before Board; Disciplinary Proceedings Against Attorneys; Non-Attorney Representatives

322.00 Petitions . . . . . . . . . . . . . . . . . 300-149

322.01 In General
322.02 Amendments
322.03 Withdrawal Of Petition; Successive Or Reinstated Petitions; Limitation On Refiling
322.04 Parties
322.05 Intervention

323.00 Hearings . . . . . . . . . . . . . . . . 300-150

323.01 In General
323.02 Investigative Hearing Examiners; Bias; Disqualification; Power To Control Hearing
323.03 Motions
323.04 Notice Of Hearing Or Order; Process
323.05 Continuance
323.06 Place Of Hearing
323.07 Rehearing Or Reopening Record; Newly Discovered Evidence
323.08 Burden Of Proof
323.09 Interpreters; Translation Of Testimony
323.10 Estoppel Of Board; Conduct In Reliance On Advice Of Board Agents
323.11 Settlements And Stipulations
323.12 Ihe Decisions
323.13 Dismissal Of Objections After Hearing
323.14 Exceptions To Ihe Decision
323.15 Intervention; Intervention Of Regional Director
323.16 Procedures Distinguished From Ulp Hearing
323.17 Consolidated Rc And Ulp Hearings
323.18 Subpoenas And Discovery

324.00 Election Objections Procedure . . . . . . . 300-161

324.01 In General
324.02 Screening For Prima Facie Case; Right To Hearing; Dismissal Without Hearing; Appeal
324.03 Who May File Objections
324.04 Time For Filing Or Serving Objections
324.05 Time For Filing Or Serving Exceptions To Ihe Report

325.00 Challenged Ballot Procedure . . . . . . . . 300-169

325.01 In General
325.02 Time For Asserting Challenges
325.03 Who May File Exceptions To Regional Director's Report
325.04 Scope Of Investigation; Need For And Sufficiency Of Exceptions; Burden Of Proof
325.05 Hearing, Need For; Conduct Of Hearing Or Investigation
325.06 Time For Filing Or Serving Exceptions To Report

326.00 Unit Clarification Procedure . . . . . . . . 300-181

326.01 In General

327.00 Extension Of Certification Procedure . . . 300-183

327.01 In General

400.00 Unfair Labor Practice Issues:Interference, Restraint, Coercion . . . 400-1

400.00 EMPLOYER INTERFERENCE WITH, RESTRAINT, OR COERCION OF EMPLOYEES
400.01 In General; Labor Code Section 1153(A); Standards; Objective Rather Than Subjective Standard
400.02 Repudiation Or Disavowal Of Unlawful Conduct
400.03 Inherently Destructive Conduct

401.00 Company Rules And Orders Affecting Organizing; Union Access And Privileges; Solicitation . . . . . . . 400-6

401.01 In General
401.02 Employer-Owned Housing, Labor Camps; Company Towns
401.03 Nature Of Business; Nursery And Floral, Poultry And Egg Farms, Dairies, Etc
401.04 Discrimination In Favor Of Other Solicitation; &Quot;Equal Opportunity&Quot;
401.05 Possession Or Distribution Of Union Literature; Ban On Distribution Or Solicitation
401.06 Time Of Adopting Or Enforcing Rule
401.07 Pre-Certification Access (See Sec. 302)
401.08 Post-Certification Access
401.09 Access During Strike
401.10 Board Agent Access (See Section 302)
401.11 Union Activity On Nonworking Time Or In Nonworking Areas
401.12 Bulletin Board Use By Union; Posting Of Union Notices
401.13 Display Of Union Insignia

402.00 Questioning Employees; Interrogation . . 400-20

402.01 In General
402.02 Questioning Applicants; Employment Applications; Conditions Of Employment
402.03 Union Activities Or Membership
402.04 Lie Detector Tests
402.05 Union Views; Voting; Questionnaires; Polling Of Employees
402.06 Attendance Or Transactions At Union Meetings
402.07 Assistance Sought In Board Or Court Proceedings; Check On Union's Representation Claim Or Pre-Trial Statements
402.08 Strike Or Other Protected Concerted Activity; Anticipated Strike

403.00 Surveillance . . . . . . . . . . . . . . 400-26

403.01 In General; What Constitutes Unlawful Surveillance
403.02 Taking Photographs Or Motion Pictures (See Section 406.06)
403.03 Eavesdropping
403.04 Statements To Employees As To Surveillance; Creating Impression Of Surveillance
403.05 Information Sought Through Or Obtained By Ordinary Employees Informers
403.06 Management Representatives At Or Near Union Meetings

404.00 Statements, Meetings, Notices And Leaflets . . . . . . . . . . . . . . . 400-30

404.01 In General
404.02 Timing Of Conduct
404.03 Meetings And Speeches On Company Time And Property
404.04 Appeals For Individual Bargaining Or Individual Grievance Presentation
404.05 Appeals To Loyalty; Anti-Union Campaign And Insignia
404.06 Blaming Union For Lack Of Work, Discharges, Layoffs, Etc.
404.07 Citing Conditions At Other Employers
404.08 Company Policy Explained
404.09 Disadvantages Of Or Need For Union
404.10 Derogatory Statements; Name-Calling
404.11 Distribution Of Literature And Posting Of Notices; Motion Pictures; Anti- Union Petitions
404.12 Explanation Of ALRA Or Other Government Regulations
404.13 Grievance Or Negotiation Session, Statements During
404.14 Isolated Statements; Joking Or Casual Remarks
404.15 Misrepresentations, False Accusations, Or Rumors
404.16 Newspaper Articles And Advertisements . . 400-37
404.17 Inciting Prejudice Based On Race, National Origin, Religion, Or Sex
404.18 Reply To Questions Or Claims
404.19 Singling Out Employees; Individual Interviews, Visits To Employees' Home
404.20 Statements To Supervisors, Job Applicants, Or Outsiders
404.21 References To Employees' Immigration Status

405.00 Threat Or Promise, What Constitutes

405.01 In General; Timing Of Conduct
405.02 Discharge, Layoff, Or Demotion Threatened
405.03 Blacklisting Or Refusal Of Recommendation Threatened
405.04 Shutdown, Curtailment Of Operations, Plant Removal, Work Transfer, Subcontracting Or Sale Threatened
405.05 Reduction Or Loss Of Wages, Hours, Overtime, Benefits, Or Privileges, Etc., Threatened Or Actual
405.06 Withholding Of Wage Increase, Promotion, Benefits, Privileges, Etc., Threatened Or Actual
405.07 Promise Or Granting Of Wage Increase, Promotion, Benefits, Privileges, Etc.
405.08 Comparison To Non-Union Ranch Benefits

406.00 Interference With Protected Strikes, Picketing, And Boycotts

406.01 In General
406.02 Attempts To Avert Or Provoke Strikes
406.03 Attempts To Break Strikes; Solicitation Of Or Threats To Strikers Or Pickets; Inducements
406.04 Injunction Against Striking Or Picketing; Suit For Injunction Or Damages As Interference
406.05 Wage Payments Or Other Benefits During Strike Or Picketing
406.06 Photographing Strikers Or Pickets (See Also Section 403.02)
406.07 Arrest Of Strikers Or Pickets
406.08 Unlawful Or Unauthorized Strikes Or Violation Of Contract
406.09 Conduct After Strike

407.00 Miscellaneous Interference (See Section 316)

407.00 Miscellaneous Interference (See Sec. 316)
407.01 Violence Or Employer's Threat Thereof; Incitement To Violence; Barring Employees From Plant
407.02 Outside Aid To Combat Organization
407.03 Obstruction Of Board Or Other Proceedings; Soliciting Withdrawal Of Charges Or Grievances; Interference With Subpoenas
407.04 Soliciting Employees To File Charges Against Union
407.05 Elections, Interference With
407.06 Failure To Provide Employee List
407.07 Union Affairs, Interference With; Competing Activities
407.08 Racial, National Origin Or Sex Discrimination

408.00 Employer Interference With Decertification Or Rival Union Petition

408.01 In General (See Also Sections 309.02 And 316)
408.02 Withdrawal Of Union Membership Or Authorization Suggested Or Aided

409.00 Special Defenses

409.01 Competitive Or Business Disadvantage
409.02 Conduct Inefffective Or Isolated
409.03 Discontinuance Of Illegal Activity; Retraction; Repudiation
409.04 Misconduct Of Union
409.05 Consent Or Waiver By Union
409.06 Evidence; Totality Of Employer's Conduct
409.07 Public Disavowal Of Acts Of Agent
409.08 Deferral To Arbitration (See Also Section 106.03)

410.00 Domination Or Assistance

410.00 Domination Of Or Assistance To Labor Organizations, Employee Committees, Etc.
410.01 In General, Labor Code Section 1153(B)
410.02 Domination And Assistance Distinguished

411.00 Circumstances Affecting Charge

411.01 In General
411.02 Coercion Or Illegal Conduct By Rival Union
411.03 Desire Of Employees
411.04 Effective Or Limited Functioning Of Union
411.05 Neutrality Statements; Purge Of Unfair Practices; Withdrawal Of Support
411.06 Management Aid Or Instigation In Forming Unions, Committees, Etc.; Statements In General; Free Speech
411.07 Attorney Furnished Or Suggested
411.08 Management Participation In Union Meetings
411.09 Management Retaliatory Decisions
411.10 Questioning; Surveillance
411.11 Threats And Inducements
411.12 Unequal Treatment Of Employees And Applicants; Hiring, Discharge, Layoffs, Reinstatement, Etc.
411.13 Constitution, Bylaws, Or Structure Of ,Union; Purpose Of Organization

412.00 Organization, Meetings, Etc., On Company Time And Property

412.01 In General
412.02 Favoritism; Contract Ban On Solicitation; Unequal Treatment Of Unions; Preferential Access
412.03 Bulletin Board Use And Notice Of Meetings
412.04 Solicitation And Dues Collection
412.05 Special Facilities And Services

413.00 Financial Aid, Gifts, Etc

413.01 In General
413.02 Loans; Dues Payments, Etc
413.03 Payment To Employees For Time Spent In Union Activities
413.04 Concessions, Vending Machines, Etc
413.05 Union Expenses Paid
413.06 Wage Increases Or Employee Benefits
413.07 Re-Formed And Successor Organizations

414.00 Discrimination

414.00 Discrimination
414.01 In General; Labor Code Section 1153(C); Elements Of Prima Facie Case
414.02 Encouragement Or Discouragement Of Union Membership In General
414.03 Burden Of Proof; Weight Of Evidence
414.04 Discrimination Based On Protected Concerted Activity; Labor Code Section 1153(A)

415.00 Persons Entitled To Protection

415.01 In General
415.02 Relatives Of Union Members
415.03 Mistake As To Employee's Status
415.04 Persons Outside Bargaining Unit
415.05 Temporary, Extra, Part-Time, Or Probationary Employees
415.06 Supervisors And Other Management Personnel, Treatment Of; Coercive Effect On Others

416.00 Refusal To Hire, Or Discouraging Hire Of Union Members Or Sympathizers

416.01 In General
416.02 Blacklisting Or Refusal To Recommend
416.03 Former Employees; Seasonal Workers
416.04 Strikers, Refusal To Reinstate
416.05 Group Discrimination

417.00 Discharge And Layoffs

417.01 Discharge In General
417.02 What Constitutes A Discharge; Layoff Distinguished
417.03 Constructive Discharge
417.04 Layoffs In General; Permanent Or Temporary Layoffs; Disciplinary Layoff
417.05 Successive Layoffs Or Discharges; Discharge Following Reinstatement

418.00 Other Disciplinary Action

418.01 Suspension
418.02 Warning Letters
418.03 Oral Reprimands

419.00 Change In Or Discontinuance Of Operations For Discriminatory Reasons

419.01 In General
419.02 Subcontracting
419.03 Sale Or Merger; Successor Companies; Hiring Of Predecessor's Employees
419.04 Discontinuance Of Business, Change In Size Of Operations; Crop Change; Mechanization
419.05 Transfer, Promotion, Or Demotion; Work Assignments And Work Opportunities
419.06 Promotion Withheld Or Transfer Denied
419.07 Seniority
419.08 Merit Rating
419.09 Wages, Tips, Bonuses, And Profit Sharing; Incentives; Severance Pay
419.10 Hours And Overtime, Work Schedules
419.11 Working Conditions And Employee Privileges
419.12 Employee Benefits: Insurance, Pensions, Vacations, Holidays, Leave, Etc.
419.13 Eviction From Company Housing

420.00 Reasons For Discipline, Discharge, Or Refusal To Reinstate

420.00 Reasons For Discipline, Discharge, Or Refusal To Reinstate
402.01 In General
420.02 Demand By Union Or Fellow Employees; Intra-Union And Rival Union Disputes
420.03 Absence Or Tardiness; Leave Of Absence; Overstaying Leave; Leaving Work Place
420.04 Accident Record, Driving Rules, Law Violations, Criminal Record
420.05 Violation Of Immigration Law; Deportation
420.06 Altercations With Others; Fighting; Violence
420.07 Damage To Or Loss Of Machines, Materials, Crops, Etc.
420.08 Dishonesty, False Statements, Theft, Or Disloyalty To Employer
420.09 Dissatisfaction With, Or Criticism Of, Management
420.10 Garnishment Of Wages
420.11 Horseplay
420.12 Insubordination
420.13 Intoxication; Use Or Possession Of Liquor Or Drugs
420.14 Loafing, Sleeping, Or Talking
420.15 Low Production Or Impeding Production; Negligence, Inefficiency Or Incompetence
420.16 Offensive Personal Characteristics; Quarrelsomeness; &Quot;Troublemaker&Quot;; Bad Attitude
420.17 Outside Work; Competing Business; &Quot;Moonlighting&Quot;
420.18 Physical Or Mental Disability; Age Of Employees; Contagious Diseases
420.19 Profanity, Name Calling, Obscene Language Or Conduct
420.20 Company Rules Generally; Successive Violations Of Rules
420.21 Reduction Or Redistribution Of Work; Elimination Of Jobs; Availability Of Work After Discharge Or Layoff; Automation
420.22 Refusal To Work Overtime Or Accept Job Assignment
420.23 Solicitation Or Other Union Activity On Company Time Or Property
420.24 Threat By Employees
420.25 Wearing Union Buttons Or Other Display Of Insignia
420.26 Failure To Maintain Sanitary Conditions; Especially In Mushrooms Or Dairies
420.27 Failure To Request Reinstatement Or To Respond To Offer Of Reinstatement

421.00 Background Circumstances Indicating Or Rebutting Discrimination In Discipline, Discharge, Layoff, Or Refusal To Reinstate

421.00 Background Circumstances Indicating Or Rebutting Discrimination In Discipline, Discharge, Layoff, Or Refusal To Reinstate
421.01 Anti-Union Background Or Prior Unfair Labor Practices Employer, Proof Of
421.02 Comparative Treatment Of Union And Non-Union Employees
421.03 Departure From Past Practice
421.04 Timing Of Action
421.05 Extent Of Union Activity Of Discriminatee
421.06 Grievances Or Bargaining Demands, Presentation Of; Suits Against Employers
421.07 Knowledge Of Employee's Union Activities, Proof Of; Surveillance Or Questioning
421.08 Majority Status Affected By Termination
421.09 Meritorious Or Satisfactory Service; Prior Promotion Or Wage Increase
421.10 No Reason, False, Or Inconsistent Reasons Given For Dismissal
421.11 Notice, Warning, Or Investigation; Consultation With Supervisors
421.12 Condonation Of Misconduct
421.13 Penalty For Refusal To Combat Union
421.14 Reinstatement Offered Or Refused; Conditions Imposed
421.15 Availability Of Work
421.16 Replacement Of Employees; Labor Shortage Or Busy Season; Key Employees
421.17 Seniority
421.18 Statements Or Conduct Of Employer, Time Of Conduct, Threats
421.19 Support Of Union; Favoritism Between Unions
421.20 Wage Increase Or Benefits, Or Promise Thereof, To Combat Organization
421.21 Work Sharing Or Transfer Offered Or Refused
421.22 Record Antedating Employment
421.23 Employee Quit Voluntarily

422.00 Employer Discrimination For Filing Charges Or Giving Testimony

422.00 Employer Discrimination For Filing Charges Or Giving Testimony
422.01 In General, Labor Code Section 1153(D)
422.02 Filing Charges Or Petitions
422.03 Attendance Or Giving Testimony At Board Hearing

423.00 Concerted Activities; Protected Activities

423.00 Concerted Activities; Protected Activities
423.01 In General
423.02 Abstention From Concerted Activity
423.03 Activities In Advance Of Or Apart From Organization
423.04 Individual Activities; &Quot;Constructive&Quot; Concerted Activities
423.05 Grievances In General; By-Passing Contract Procedure; Union Officers And Agents, Protection In Performance Of Union Duties
423.06 Meetings, Conferences, And Hearings
423.07 Wage Demands; Demands For Change In Working Conditions
423.08 Minority Demands; Dissident Group; Intra-Union Disputes
423.09 False Or Abusive Statements Or Threats
423.10 Racial, National Origin, Sex Discrimination, Or Sexual Harassment, Protest Against
423.11 Quit Or Discharge; Constructive Discharge; Retraction Of Resignation, Protest Against
423.12 Mistake As To Employee's Activities

424.00 Strikes And Slowdowns; Work Stoppages

424.00 Strikes And Slowdowns; Work Stoppages
424.01 In General
424.02 Union Responsibility In General; Strike Authorization
424.03 Object Of Strike
424.04 Means Of Conducting Strike: Illegal Means; Sitdown Strikes; Slowdowns; &Quot;Union Meetings;&Quot; Obstructive Tactics; Intermittent Work Stoppages; Partial Strikes
424.05 Secondary Or Sympathy Strikes
424.06 Termination Of Strike; Moot Controversy
424.07 Recall After Strike; Seniority And Job Rights Of Strikers, Nonstrikers, And Strike Replacements
424.08 Strike Settlement Agreements

425.00 No-Strike Clause; &Quot;Wildcat Strikes,&Quot; Spontaneous Walkouts

425.00 No Strike Clause; &Quot;Wildcat Strikes,&Quot; Spontaneous Walkouts
425.01 In General
425.02 What Constitutes A Strike Under No-Strike Clause
425.03 Union And Union Officers' Responsibility; Unauthorized Strikes
425.04 Grievance Or Arbitration Provisions Of Contract As No-Strike Clause

426.00 Picketing

426.00 Picketing
426.01 In General
426.02 What Constitutes Picketing; Strike Distinguished; Threat To Picket
426.03 Right To Picket In General; Who May Picket; Intra-Union Disputes; Who May Be Picketed
426.04 Union Responsibility; Local And International Unions
426.05 Honoring Picket Lines
426.06 Interference With Picketing (See Also Section 406)

427.00 Methods Of Picketing

427.00 Methods Of Picketing
427.01 In General
427.02 Statements On Picket Signs; Misrepresentations
427.03 Following Or Obstructing Vehicles
427.04 Mass Picketing, Obstructing Access, Or Interference With Business
427.05 Violence, Threats, Molesting Workers Or Customers; Name Calling
427.06 Forfeiture Of Right Of Peaceful Picketing
427.07 Location Of Picketing; Trespassing; Residential Picketing

428.00 Object Of Picketing; Nonrepresentative Unions

428.00 Object Of Picketing; Non-Representative Unions
428.01 In General
428.02 Organization Or Recognition As Object (See Section 301.03)
428.03 Certification Or Other Proceeding Pending
428.04 Contest Of Incumbent Union's Certification Or Contract; Jurisdictional Disputes
428.05 Protest Against Working Conditions, Discharge, Replacement Of Strikers, Breach Of Contract Or Unfair Practices
428.06 Racial Equality As Object

429.00 Secondary Activity; Hot Cargo Contracts; Jurisdictional Disputes; Recognitional Picketing

429.00 Secondary Activity; Hot Cargo Contracts; Jurisdictional Disputes; Recognitional Picketing
429.01 Secondary Picketing And Boycotts
429.02 Secondary Boycotts And Secondary Recognition Strikers; Labor Code Section 1154(D)(2)
429.03 Inducement For Secondary Object; &Quot;Individuals&Quot; Induced; Labor Code Section 1154(D)(1)
429.04 Strikes Or Picketing In Furtherance Of Boycott
429.05 Hot Cargo Contracts And Subcontractor Clauses, Bon On; Labor Code Section 1154.5
429.06 Jurisdictional Disputes; Labor Code Sections 1154(D)(4); 1160.5
429.07 &Quot;Any Employer&Quot; Under Section 1154(D)(4)

430.00 Strikers, Picketing, And Boycotts: Discharge; Refusal Of Reinstatement, Etc.

430.00 Strikers, Picketing, And Boycotts: Discharge; Refusal Of Reinstatement, Etc.
430.01 In General
430.02 What Constitutes A &Quot;Discharge&Quot; Of Strikers; Tactical Discharge; Quitting
430.03 Offer Of Benefits, &Quot;Superseniority,&Quot; Etc. To Refuse To Strike Or Abandon Strike
430.04 Application For Reinstatement, Sufficient; Individual Or Union Application
430.05 Replacement Of Strikers, Effect Of; Economic Or Unfair Practice Strikes
430.06 Conditions Imposed By Strikers; Delay In Seeking Reinstatement
430.07 Termination Of Strike; Settlement Agreements; Voluntary Return To Work; Promise To Rehire Strikers
430.08 Reinstatement Offer; Substantially Equivalent Employment; Conditions To Or Delay In Reinstatement; Order Of Recall
430.09 Strikers' Refusal Of Reinstatement Offer Or Failure To Report; Acceptance Of Other Employment As Quit
430.10 Reinstatement Of Employees On Layoff Or Leave During Strike
430.11 Discrimination As Between Returning Strikers
430.12 Comparative Treatment Of Strikers And Nonstrikers During Or After Strike; Seniority, Wage Payments, Vacations Etc.

431.00 Temporary Shutdowns And Lockouts

431.00 Temporary Shutdowns And Lockouts
430.01 In General
431.02 Reason Or Motive For Shutdown; Timing Of Shutdown; Continued Operations
431.03 Strike Called Or Anticipated; Employer Associations; Strike Insurance Plans; &Quot;Whipsawing&Quot; Strikes
431.04 Layoffs In Non-Struck Plants, Departments, Or Units
431.05 Eviction From Property; Protection Of Employees From Violence
431.06 Eviction From Company Houses, Labor Camp

432.00 Refusal To Bargain In Good Faith

432.00 Refusal To Bargain In Good Faith
432.00 Refusal Of Employer To Bargain Collectively In Good Faith
432.01 In General, Labor Code Section 1153(E)
432.02 Refusal To Bargain For Purpose Of Obtaining Judicial Review; Technical
Refusal To Bargain (See Also Section 463.03)
432.03 Persons Required To Bargain; Purchaser Or Transferee; &Quot;Successors&Quot;; Affiliated Companies
432.04 Burden Of Proof; Evidence
432.05 Violation Of Contract As Unfair Labor Practice
432.06 Refusal To Bargain Between Union Election Victory And Certification

433.00 Subjects For Bargaining; Union Demands

433.00 Subjects For Bargaining; Union Demands
433.01 Mandatory Subjects Of Bargaining
433.02 Permissive Subjects Of Bargaining
433.03 Illegal Subjects Of Bargaining
433.04 Decision Bargaining
433.05 Effects Bargaining

434.00 Meetings And Authority To Negotiate

434.00 Meetings And Authority To Negotiate
434.01 In General
434.02 Representative For Bargaining; Authority To Reach Agreement
434.03 Refusal Of Employer To Meet, Or Delay In Arranging Meetings
434.04 Observers At Meetings; Transcript Of Record
434.05 Time And Place Of Meetings; Postponing Or Cutting Meetings Short
434.06 &Quot;Off The Record&Quot; Communications
434.07 Multi-Union Coalition; Coordinated Bargaining; Other Unions Included In Bargaining Committee
434.08 Withdrawal Of Employer From Meetings Or Negotiations

435.00 Negotiations; Other Indicia Of Good Faith Bargaining Of Employer

435.00 Negotiations; Other Indicia Of Good Faith Bargaining Of Employer
435.01 In General; &Quot;Surface Bargaining&Quot;; Totality Of Employer's Conduct
435.02 Arbitration Or Mediation, Submission To
435.03 Concessions; Right To Reject Proposals; Adamant Position; Predictably Unacceptable Offer
435.04 Counterproposals; Sufficiency Of Company Offer; Failure To Explain Proposal
435.05 Dilatory Or Evasive Tactics
435.06 Discussion Of Proposals; Duration Of Or Time Limit On Negotiations; Ground Rules
435.07 Inconsistent Positions Taken; Withdrawal Of Offers Or Concessions
435.08 Conduct Away From The Table; Prior Unfair Labor Practices
435.09 Circumvention Of Union; &Quot;Direct Dealing&Quot; With Employees; &Quot;Boulwarism&Quot;
435.10 Usurping The Role Of Union As Representative
435.11 Failure To Treat Bargaining Obligation As Seriously As Other Business Obligations; Negligent Mistakes
435.12 Conditions Placed On Negotiations
435.13 Refusal To Provide Or Delay In Providing Information (See Also Section 436.02)
435.14 Failure To Provide Post-Certification Access To Union (See Also Section 401.08)

436.00 Information To Union; Data For Bargaining Or Contract Administration

436.00 Information To Union; Data For Bargaining Or Contract Administration
436.01 In General; Relevance Of Information To Collective Bargaining
436.02 Delay Or Refusal To Provide Information As Unfair Labor Practice
436.03 Request For Information
436.04 Wage And Salary Data In General; Individual Wage Rates
436.05 Form, Currency, And Sufficiency Of Information Furnished; Difficulty Or Expense Of Supplying Or Obtaining Date
436.06 Confidential Information; Consent Of Employees; Data As To Employees Outside Bargaining Unit
436.07 Subjects (Except Wages) On Which Information Is Sought; Names And Addresses; Time Studies, Etc.
436.08 Waiver Of Union's Right To Information .
436.09 Financial Information; Data Showing Inability To Pay
436.10 Misrepresentations Or Concealment By Employer

437.00 Effectiveness Of Contract

437.00 Effectiveness Of Contract
437.01 Effective Date Of Contract; Failure To Sign; Expiration Of
437.02 Contracts: Interim Or Incomplete Contracts; Duty To Sign After Agreement On Terms; Anticipatory Refusal Or Threat Of Refusal; Execution, Form, And Scope Of Contract
437.03 Contracts: Ratification By Employees; Employer's Contest Of Validity
437.04 Contracts: Continuing Duty To Bargain; Modification Or Termination In General; Automatic Renewal; Reopening
437.05 Notice To Terminate Or Modify Contract
437.06 Expiration Of Contract, Effect; Period Between Contracts

438.00 Unilateral Action; Undercutting Union's Authority

438.00 Unilateral Action; Undercutting Union's Authority
438.01 Unilateral Action In General; Per Se Rule
438.02 Prior Notice Or Consultation; Pro-Forma Bargaining
438.03 Contract Administration In General; Breach By Employer; Union-Security Contracts; Rescission
438.04 Comparative Treatment Of Represented And Unrepresented Groups Of Unions Representing Different Units
438.05 Discharge, Layoff, Reinstatement, Seniority, Transfers, Promotions, Work Assignments, Job Classifications; Work By Supervisors
438.06 Hiring Practices; Use Of Labor Contractors
438.07 Job Vacancies; Training Programs; Probationary Period
438.08 Incentive And Piece Rates
438.09 Circumvention Of Union By Individual Bargaining And Contracts; Individual Discussion Of Discipline Or Grievances; Change To Contractor Status; Communications To Employees; Polling; Communications On Negotiations With Union
438.10 Insurance, Pensions, And Retirement, Profit Sharing, Stock Purchase Plans
438.11 Company Rules; Access To Workplace
438.12 Mechanization Or Other Changes In Operations; Crop Changes
438.13 Temporary Shutdowns And Lockouts
438.14 Sale Or Discontinuance Of Business Or Department; Merger Or Reorganization
438.15 Subcontracting; Transfer Of Work To Other Locations; Removal To Other Locations; New Operations; Discontinuance Of Prior Operations
438.16 Wage Increase Or Benefits Granted; Change In Method Of Payment
438.17 Wage Reduction, Withholding Wage Increase, Or Discontinuance Of Benefits
438.18 Work Schedules, Change In; Loss Of Overtime
438.19 Workload And Production Standards; Chang In, Speedup

439.00 Defenses To Charge Of Refusal To Bargain

439.00 Defenses To Charge Of Refusal To Bargain
439.01 In General
439.02 Bad Faith, Delay, Unreasonable Or Unlawful Demands, Violence Or Misconduct By Charging Union
439.03 Conflict Of Interest On Part Of Union
439.04 Business Necessity; Competitive Or Financial Position Of Employer
439.05 Employees Not Included In Bargaining Unit
439.06 Jurisdiction Of Board; Contract Interpretation; Alternative Remedy Under Grievance And Arbitration Provisions
439.07 Past Practice; Maintenance Of Status Quo
439.08 Deferral To Pending Proceedings Before Courts, Board, Or Arbiters (See Also Section 106.03)
439.09 Management-Rights Clause, Effect Of
439.10 Waiver By Union; Contract Waivers; Bargaining History; Estoppel; Disclaimer
439.11 Impasse
439.12 Strikes Or Other Protected Concerted Activity By Union
439.13 Abandonment Of Unit
439.14 Section 1153(F) - Prohibition Against Bargaining With Union Not Certified

440.00 Majority Status Of Union; Recognition

440.00 Majority Status Of Union; Recognition
440.01 In General, Bargaining With Uncertified Union, Labor Code Section 1153(F)
440.02 Employer's Right To Contest Majority; Loss Of Majority In General; Effect Of Unfair Labor Practices
440.03 Change In Personnel; Company Expansion, Contraction, Or Removal
440.04 Rival Union Claims; Effect Of Existing Contract; Change In Employees' Union Affiliation
440.05 Abandonment Of Unit

441.00 Election; Certification; Decertification; Effect On Duty To Bargain

441.00 Election; Certification; Decertification; Effect On Duty To Bargain
441.01 Representation Or Decertification Proceedings, Pendency
441.02 Majority Status In Period Between Election And Certification Or Decertification; &Quot;At Your Peril Doctrine&Quot;
441.03 Union Rules And Discipline In General; Union Dues And Fees; Fines; Assessments, Etc.
441.04 Successor Unions

442.00 Union Unfair Labor Practices: Restraint Or Coercion

442.00 Union Unfair Labor Practices
442.00 Union Unfair Labor Practices: Restraint Or Coercion
442.01 Restraint Or Coercion, In General; Labor Code Section 1154(A)(1)
442.02 Employee's Right To Refrain From Concerted Activities
442.03 Union Rules And Discipline In General; Union Dues And Fees; Fines; Assessments, Etc.
442.04 Union Discipline Or Threats
442.05 Obstructing Of Board Or Other Proceedings
442.06 Fair Representation; Grievances And Arbitration; Racial; National Origin, Sex, Etc. Discrimination
442.07 Employee Benefits: Pensions, Welfare Funds, Etc.
442.08 Job Referrals; Blacklisting; Working Cards Or Permits
442.09 Statements, Questioning, Surveillance; Threats Of Jobs Loss, Violence, Etc.; Inducements In General; Misrepresentations
442.10 Choice Of Agricultural Employer Representative; Labor Code Section 1154(A)(2), In General

443.00 Unlawful Strikes, Picketing, Etc.

443.00 Unlawful Strikes, Picketing, Etc.
443.01 In General
443.02 Right To Strike Or Picket; Effect Of Labor Code Sections 1152, 1155, And 1166
443.03 Forcing Recognition Of Non-Certified Union
443.04 Termination Of Strike Or Picketing
443.05 Informational Picketing Or Other Informational Activity
443.06 Jurisdictional Strikes And Picketing

444.00 Union Security; Union And Employer-Union Discrimination

444.00 Union Security; Union And Employer- Union Discrimination
444.01 Union Security; Union And/Or Employer Discrimination; Labor Code Sections 1153(C) And 1154(B), In General
444.02 Discrimination Against Employees For Filing Charges Or Grievances, Giving Testimony, Or Bringing Suit
444.03 Discrimination With Respect To Grievance Handling; Fair Representation
444.04 Hiring Practices In General; Work Fees And Permits, Area Preference
444.05 Membership And Good Standing In General; Duty Of Union; Extension Of Time For Paying Dues
443.06 Tender Of Acceptance Of Dues And Fees; Initiation Fees; Check-Off Authorizations
444.07 Eligibility For, Denial Of, And Classes Of Membership; Members Of Sister Locals; Racial, National Origin, Sex, Etc. Discrimination
444.08 Dual Unionism; Intra-Union Disputes As Affecting Hire Or Discharge; Decertification Petitions
444.09 Reinstatement Fees; Increase Or Reduction In Dues Or Fees
444.10 Resignation Or Withdrawal From Union; Effect Of Layoff; Leave, Quitting Job, Or Transfer From Bargaining Unit
444.11 Retroactive Membership Requirements; Period Between Contracts
444.12 Union Rules And Discipline; Expulsion Or Suspension
444.13 Reasonable Union Rules And Membership Requirements
444.14 Procedural Fairness
444.15 Exhaustion Of Intra-Union Remedies
444.16 Reasonable Discipline
444.17 Preferred Treatment As Between Union Members Or Union And Non-Union Employees; Job Rotation; Out-Of-Work Lists
444.18 Union Fines And Assessments; &Quot;Periodic Dues
444.19 Reinstatement Of Strikers; Authorized And Unauthorized Strikes; Discrimination Against Replacements

445.00 Union Bargaining Conduct

445.00 Union Bargaining Conduct
445.01 Union Refusal To Bargain In General; Totality Of Union Conduct; Labor Code Section 1154(C)
445.02 Subjects For Union Bargaining Conditions; Unlawful Demands; Counterproposals
445.03 Authority Of Union Negotiators; Local And International Unions; Objections To Or Selection Of Employer Negotiators
445.04 Union-Security Demands As Refusal To Bargain
445.05 Majority Status And Unit For Bargaining; Multi-Employer And Multi-Union Bargaining; Work Assignments; Racial, National Origin, Sex, Etc. Discrimination
445.06 Successor Employers; Successor Unions; Union's Duty To Bargain
445.07 Duty Of Union To Sign Contract After Agreement On Terms; Ratification
445.08 Transcript Or Record Of Negotiations; Union's Bargaining Duty
445.09 Strikes, Slowdowns, And Harassing Tactics As Refusal To Bargain; Strike Notice And Cooling-Off Period

446.00 Miscellaneous Unfair Labor Practices

446.00 Miscellaneous Unfair Labor Practices
446.01 In General (See Also Sections 312.12 And 316.12)

447.00 Payment, Request, Or Acceptance Of Bribes To Employee Representatives

447.00 Payment, Request, Or Acceptance Of Bribes To Employee Representatives
447.01 In General; Labor Code Sections 1155.4 And 1155.5
447.02 Persons Making Payments; &Quot;Employers&Quot;
447.03 Types Of &Quot;Payments&Quot;: Loans, Insurance Premiums, &Quot;Money&Quot;
447.04 Payments Under Judgment, Arbitration Awards, Or Settlement, Exemption
447.05 Persons Receiving Payments: Employee Representatives, Industry Promotion Funds, Etc.; Compensation For Services
447.06 Criminal Prosecutions: Willfulness
447.07 Criminal Prosecutions: Indictment, Evidence, Procedure, Limitations, Appeals; Single Or Multiple Offenses, Etc.
447.08 Injunctions; Contempt; Declaratory Judgment; Jurisdiction And Procedure In Civil Actions

448.00 Excessive Member Fees, Extortion, Featherbedding

448.00 Excessive Member Fees, Extortion, Featherbedding
448.01 Excessive Or Discriminatory Initiation Fees; Labor Code Section 1154(E)
448.02 Exactions; &Quot;Featherbedding&Quot;; Labor Code Section 1154(F)

449.00 Procedure In Unfair Labor Practice And Compliance Cases

449.00 Procedure In Unfair Labor Practice And Compliance Cases
449.01 In General
449.02 Practice Before The Board In General, Discipline Of Attorneys, Non-Attorney Representatives
449.03 Allocation Of Burden Of Proof In Ulp And Compliance Proceedings

450.00 Charge

450.00 Charge
450.01 In General; Supporting Declarations
450.02 Board Initiation Or Solicitation
450.03 Withdrawal Of Charge By Charging Party
450.04 Dismissal Of Charge; Appeal From
450.05 Investigations; Section 1151 Agent Access

451.00 Limitation Period For Filing Charge: Labor Code Section 1160.2

451.00 Limitation Period For Filing Charge: Labor Code Section 1160.2
451.01 In General
451.02 Amended Charge Or Complaint; Withdrawal Of Charge; Reopening 9
451.03 Computation Of Six-Month Period
451.04 Continuing Or Separate Violations
451.05 Parties; Service Of Charge
451.06 Successor Companies And Unions

452.00 Complaint Or Specification

452.00 Complaint Or Specification
452.01 In General
452.02 Issuance Of Complaint Or Specification
452.03 Refusal To Issue Complaint; Appeal From
452.04 Definiteness; Giumarra Bill Of Particulars
452.05 Scope Of Inquiry
452.06 Variance Of Complaint From Charge; Evidence, Findings, Or Order Varying From Complaint; Events Subsequent To Charge Or Complaint
452.07 Amendments
452.08 Answer Or Other Defenses
452.09 Service Of Charge, Complaint, Or Specification; Labor Code Section 1154.4
452.10 Parties To Charge, Complaint, Or Specification
452.11 Intervention
452.12 Consolidation, Severance, Or Bifurcation Of Proceedings
452.13 Default Or Failure To Appear
452.14 Withdrawal Of Complaint Before Hearing; Appeal From
452.15 Request For Deferral To Arbitration (See Also Section 106.03)

453.00 Hearings

453.00 Hearings
453.01 In General
453.02 Notice And Opportunity For Hearing; Summary Judgment
453.03 Conduct Of Hearing; Fair Hearing; Bias; Disqualification Of Alj; Right To Appear; Power Of Alj To Control Hearing
453.04 Continuance
453.05 Place Of Hearing
453.06 Rehearing Or Reopening Record; Newly Discovered Evidence
453.07 Witness Fees
453.08 Interpreters; Translation Of Testimony
453.09 Duty Of Other State Agencies To Furnish Records; Labor Code Section 1151.5 . .
453.10 Sanctions
453.11 Appeals

454.00 Settlement And Stipulations; Appeal From

454.00 Settlement And Stipulations; Appeal From
454.01 In General

455.00 Administrative Law Judges' Decisions

455.00 Administrative Law Judges' Decisions
455.01 In General
455.02 Exceptions; Response; Cross-Exceptions
455.03 Weight To Be Given Administrative Law Judges' Findings In General; Credibility Resolutions; Failure Of Alj To Meet Minimum Standards

456.00 Discovery

456.00 Discovery
456.01 In General
456.02 Subpoenas Duces Tecum And Ad Testificandum; Investigatory Subpoenas; Refusal To Obey; Contempt; Labor Code Section 1151
456.03 Giumarra

457.00 Board Decisions

457.00 Board Decisions
457.01 Proceedings And Arguments Before Board
457.02 Finality; Modification Or Vacation Of Decision Or Order
457.03 Remand For Further Hearings
457.04 Issues Fully Litigated But Not Pleaded Or Raised In Brief
457.05 Precedential Authority Of ALRB Decisions; Res Judicata
457.06 De Novo Review; Standard Of Review By Board
457.07 Advisory Opinions
457.08 Rulemaking Powers, Labor Code Section 1144
457.09 Proceeding During Or After Court Enforcement, Review, Or Remand
457.10 Retroactive Effect Of Changes In Board Rulings
457.11 Procedural Issues; Standard Of Review
457.12 Reconsideration Of Board Decision

458.00 Cease And Desist Orders Against Employers

458.00 Remedies For Ulps
458.00 Cease And Desist Orders Against Employers
458.01 Scope Of Orders And Authority Of Board In General
458.02 Application To Particular Area, Ranch, Farm, Or Union
458.03 Cessation Of Unfair Labor Practices, Effect Of; Mootness; Isolated Practices
458.04 Disestablishment Of Labor Organization

459.00 Reinstatement And Backpay

459.00 Reinstatement And Back Pay
459.01 In General
459.02 Conditional Reinstatement
459.03 Back Pay Without Reinstatement
459.04 Reinstatement Without Back Pay
459.05 Joint Or Several Back Pay Liability In General; Relief Sought Or Ordered Against Both Employer And Union
459.06 Prior Reinstatement Offers; Effect On Board Order
459.07 Private Agreements Concerning Reinstatement And Back Pay Effect On Board Order
459.08 Applicable Rate On Reinstatement
459.09 Availability Of Work; Reduction In Workforce Or Elimination Of Jobs As Affecting Reinstatement
459.10 Lockouts, Employees Directly Or Incidentally Affected
459.11 After Demotion, Transfer, Pay Or Benefit Reduction, Or Other Change In Conditions Of Employment
459.12 Strikers' Rights
459.13 Nonstrikers, Rights Of
459.14 Effect Of Immigration Laws On Compliance

460.00 Factors Limiting Or Terminating Liability

460.00 Factors Limiting Or Termination Liability
460.01 Physical Disability; Incapacity; Death Of Discriminatee
460.02 Misconduct Relating To Employment
460.03 Disloyalty To Or Competition With Employer
460.04 Sale, Transfer, Or Discontinuance Of Business; &Quot;Successor&Quot; Companies; Subcontracting; Removal Of Operations; Order To Resume Operation
460.05 Bankruptcy; Receivership, Insolvency
460.06 Reinstatement Offer As Terminating Employer's Back Pay Liability; Sufficiency Of Offer; Substantially Equivalent Employment After Reinstatement
460.07 Retraining Or Trial Period For New Jobs; Mechanization, Effect Of
460.08 Availability Of Employee; Rejection Of Proper Reinstatement Offer; Application; Desire For Reinstatement
460.09 Acceptance Of Substantially Equivalent Employment, Effect Of; Military Service
460.10 Duty To Minimize Back Pay By Seeking Or Accepting Other Employment; Quitting, Layoff, Or Discharge From Interim Job .
460.11 Sporadic Work History Of Discriminatee .
460.12 Pattern Of Absenteeism
460.13 Self-Employment As Affecting Back Pay

461.00 Back Pay Computation, Deductions And Offset

461.00 Back Pay Computation, Deductions And Offset
461.01 Method Of Computing Back Pay
461.02 Interest On Back Pay Awards
461.03 Additional Amounts Awarded: Bonuses, Insurance, Pension Contributions, Moving Expenses, Vacation Pay, Etc.
461.04 Rights And Privileges Incidental To Reinstatement: Seniority, Retirement Benefits, Hours, Housing, Etc.
461.05 Interim Earnings; Method Of Deducting From Gross Back Pay
461.06 Expenses; Deduction From Interim Earnings
461.07 Unemployment Compensation; Worker's Compensation Or Disability Compensation
461.08 Back Pay Award To Third Persons; Assignment, Garnishment, Or Execution; Death Of Employee

462.00 Bargaining Orders: Remedies Against Employers

462.00 Bargaining Orders: Remedies Against Employers
462.01 In General
462.02 Order To Sign Agreement Or Incorporate Or Abide By Terms; Compliance With Existing Agreement
462.03 Order To Furnish Information
462.04 Bargaining Order Where Union Has Lost Election Due To Pervasive Unfair Labor Practices
462.05 Sale, Discontinuance, Or Reorganization Of Business; Subcontracting Or Removal Of Operations; &Quot;Successor&Quot; Employers; &Quot;Alter Egos&Quot;
462.06 Unit For Bargaining; Multi-Employer Bargaining
462.07 Contracts With Unions Ordered Discontinued
462.08 Reimbursement Of Union For Dues Not Checked Off, Welfare Funds, Etc.
462.09 Restoration Of Conditions Of Employment Prior To Unilateral Change
462.10 Access To Company Property; Meetings And Bulletin Board Use

463.00 Bargaining Makewhole Remedy; Applicability

463.00 Bargaining Makewhole Remedy; Applicability
463.01 In General
463.02 Surface Bargaining
463.03 Technical Refusal To Bargain (See Also Section 432.02)
463.04 Unilateral Changes
463.05 Successor's Refusal To Bargain
463.06 Del Porto Presumption

464.00 Computation Of Bargaining Makewhole

464.00 Computation Of Bargaining Makewhole
464.01 In General
464.02 Duration Of Bargaining Makewhole Period
464.03 Fringe Benefits; Mandatory And Non-Mandatory
464.04 Comparable Contracts; Calculation Of Basic Wage Rate
464.05 Employer's Ability To Pay

465.00 Remedies Against Union

465.00 Remedies Against Union
465.01 In General
465.02 Bargaining: Remedies Against Unions
465.03 Strikes, Picketing, Secondary Boycotts
465.04 Discriminatory Practices Ordered Discontinued: Union-Security; Contracts; Hiring Halls; Seniority
465.05 Hot-Cargo Contracts
465.06 Reimbursement Of Employees For Dues, Fees And Exaction: Union Liability
465.07 Reimbursement Of Employer
465.08 Fair Representation; Racial, National Origin, Sex, Etc. Discrimination
465.09 Union Liability For Economic Losses Due To Failure To Grieve Or Arbitrate
465.10 Denial Of Access
465.11 Restoration Of Union Membership And Privileges

466.00 Miscellaneous Remedial Provisions

466.00 Miscellaneous Remedial Provisions
466.01 In General
466.02 Restoration Of Conditions Of Employment Prior To A Discriminatory Act
466.03 Access
466.04 Notice; Posting, Reading, And Mailing
466.05 Furnishing Of Employee Lists
466.06 Attorneys Fees And Costs
466.07 Extension Of Certification
466.08 Missing Discriminatees; Escrow Accounts
466.09 Exclusion From Participation Before Board

467.00 Modification Of Prior Remedy

467.00 Modification Of Prior Remedy (See Also Section 475.02)
467.01 In General

500.00 ALRA IN THE COURTS: PRELIMINARY RELIEF; REVIEW OF DECISIONS, ENFORCEMENT OF ORDERS

500.00 ALRA In The Courts: Preliminary Relief; Review Of Decisions, Enforcement Of Orders
500.00 Preliminary Court Relief Against Respondents
500.01 In General, Labor Code Section 1160.4 And 1160.6
500.02 Conditions Precedent; &Quot;Investigation&Quot;; &Quot;Complaint&Quot;; Limitation On Court's Authority; Effect Of Code Of Civil Procedure Section 527.3
500.03 Notice Requirement: Bond
500.04 Standards For Granting Injunction; &Quot;Just And Proper&Quot; Relief
500.05 Who May Institute Proceedings; Parties; Intervention
500.06 Defenses In General; Dismissal Of Board Complaint; Moot Controversy
500.07 Board Orders And Certifications, Conclusiveness
500.08 Evidence And Burden Of Proof; Discovery; Subpoenas
500.09 Scope And Duration Of Injunction; Dissolution
500.10 Appeals; Stay Pending Appeal; Persons Entitled To Review
500.11 Findings Of Court, Conclusiveness On ALRB
500.12 Contempt Proceedings
500.13 Standard Of Review On Appeal

501.00 Preliminary Relief Against Board Or General Counsel

501.00 Preliminary Relief Against Board Or General Counsel
501.01 In General - Standard For Judicial Intervention
501.02 Clear Violation Of The Statute Shown
501.03 Adequacy Of Remedy Under ALRA; Exhaustion Of Administrative Remedies
501.04 Standing And Other Issues Of Justiciability
501.05 Form Of Relief: Mandate, Prohibition, Injunction

502.00 Appellate Court Review And Enforcement Of Board Orders

502.00 Appellate Court Review And Enforcement Of Board Orders
502.01 In General
502.02 Conclusiveness Of Board's Factual Findings; Substantial Evidence Test On Judicial Review
502.03 Only Final Board Orders Reviewable
502.04 Deference To Board's Interpretation Of Statute
502.05 Standard Of Review For Board-Ordered Remedies
502.06 Board Reversal Of Trial Examiner's Findings
502.07 Failure To Cite Record
502.08 Matters Not Presented Before Board Or Court
502.09 Default; Withdrawal Of Review Petition
502.10 Time Limits For Filing Petition For Court Review
502.11 Modification Or Setting Aside Of Board Or Court Orders; Partial Enforcement
502.12 Remand For Additional Evidence, Findings, Or New Order; Newly Discovered Evidence
502.13 Change In Conditions Or Board Rulings; Compliance With Board Order; Moot Controversy
502.14 Injunction Or Other Relief Pending Review
502.15 Supreme Court Review
502.16 Authority Of Board To Act Pending Review; Stay Pending Review
502.17 Authority Of Board; Court Rulings On Review As Binding Precedents
502.18 Contempt Proceedings
502.19 Judicial Review Of Agency Regulations
502.20 Harmless Error
502.21 Summary Denial: Decision On Merits; Res Judicata
502.22 United States Supreme Court Review

503.00 Jurisdiction Of Courts In Suits Involving Employers And Labor Organizations; Labor Code Section 1165

503.00 Jurisdiction Of Courts In Suits Involving Employers And Labor Organizations; Labor Code Section 1165
503.01 In General

504.00 Jurisdiction As Between ALRB And NLRB Or State Or Federal Courts; Preemption; Abstention

504.00 Jurisdiction As Between ALRB And NLRB Or State Or Federal Courts; Preemption Abstention
504.01 In General
504.02 Labor-Management Reporting And Disclosure Act
504.03 Authority To Determine Preemption Question; Time Of Determination; Burden Of Proof; Waiver Of Objections
504.04 Proceedings Pending Before NLRB Or Federal Courts
504.05 Abstention
504.06 Erisa Preemption

505.00 Scope Of ALRB Jurisdiction; Applicability Of ALRA

505.00 Scope Of ALRB Jurisdiction; Applicability Of ALRA
505.01 In General
505.02 Protected Or Prohibited Activities In General
505.03 Jurisdiction Standards; Refusal Of NLRB Or ALRB To Take Jurisdiction
505.04 Prior Rulings By NLRB Or Federal Courts; Advisory Opinions By NLRB, Refusal By NLRB To Issue Complaint; Withdrawal Of Charges, Effect On Subsequent ALRB Determination
505.05 State Police Power; Violence Or Tortious Conduct; Action For Damages

506.00 Precedential Effect Of State Court Decisions On ALRB

506.00 Precedential Effect Of State Court Decisions On ALRB
506.01 Federal Laws As Binding On State Courts And ALRB
506.02 Decisions Of State Courts And ALRB As Binding On Federal Courts And NLRB
506.03 Conflicts Between District Courts Of Appeal
506.04 Trial Court Decisions As Binding On ALRB

&Nbsp;507.00 Picketing; Court Relief; Jurisdiction And Procedure In Suits For Injunction Or Damages

507.00 Picketing; Court Relief; Jurisdiction And Procedure In Suits For Injunction Or Damages
507.01 In General
507.02 Employer Misconduct As Bar; Clean-Hands Rule; Laches
507.03 Persons Entitled To Relief; Parties; Notice; Bond
507.04 Scope Of Injunction; Number Of Pickets Permitted
507.05 Duration Of Injunction; Modification Or Dissolution; Costs; Withdrawal Of Suit; Settlement Agreements
507.06 Duration Or Cessation Of Picketing; Termination Of Labor Dispute; Appeals; Stay Pending Appeal; Moot Controversy
507.07 Contempt Proceedings; Fine Or Other Penalty; Persons Or Organizations Liable, Knowledge Or Notice
507.08 Jurisdiction As Between Courts And ALRB: Alternative Remedies; Relief In Suits Under Labor Code Section 1165

508.00 Subpoena Enforcement; Labor Code Section 1151

508.00 Subpoena Enforcement; Labor Code Section 1151
508.01 In General
508.02 Relevance And Necessity To Investigation Or Hearing
508.03 Particularity Of Request
508.04 Unduly Burdensome Requests
508.05 Good Faith Efforts To Comply
508.06 Defenses To Disclosure; Waiver, Privileges

509.00 Superior Court Enforcement Of Board Orders

509.00 Superior Court Enforcement Of Board Orders
509.01 In General
509.02 Procedural Regularity Of Board Decision
509.03 Evidence Of Noncompliance
509.04 Appellate Review Of Superior Court Order; Stay Pending Review
509.05 Procedure And Evidence In Superior Court; Enforcement Stage
509.06 Contempt Proceedings; Procedure, Burden Of Proof, Issues Before Court
509.07 Modification Of Board Decision After Enforcement

600.0 GENERAL LEGAL PRINCIPLES

600.00 General Legal Principles
600.00 Evidence
600.01 In General
600.02 Background Evidence And Matters Not Alleged
600.03 Burden Of Proof; Weight Of Evidence; Presumptions And Inferences; Affirmative Defenses
600.04 Circumstantial Evidence
600.05 Hearsay
600.06 Judicial Notice And Administrative Notice
600.07 Offer Of Proof
600.08 Opinion Evidence And Expert Testimony
600.09 Parole Evidence
600.10 Books And Records As Evidence; Inspection; Documentary Evidence; Recordings; Best Evidence
600.11 Record Or Testimony In Other Proceedings Or Before Other Agencies
600.12 Statement Of Deceased Persons
600.13 Witnesses: Who May Testify; Board Agents As Witnesses; Self-Incrimination; Immunity; Labor Code Section 1151.2
600.14 Witnesses: Credibility, Cross-Examination And Impeachment Generally
600.15 Witnesses: Pretrial Statements
600.16 Privileged Communications
600.17 Adverse Inferences
600.18 Subpoenas: Issuance
600.19 Subpoenas: Compliance With; Petitions To Revoke
600.20 Stipulations

601.00 Agency: Responsibility For Conduct Of Others

601.00 Agency: Responsibility For Conduct Of Others
601.01 In General; Board Definition Of Agency, Labor Code Section 1165.4

602.00 Agency: Responsibility Of Employer For Conduct Of Others

602.00 Agency: Responsibility Of Employer For Conduct Of Others
602.01 Apparent Supervisory Authority
602.02 Conduct Outside Workplace; Conduct At Labor Camp
602.03 Direction Of, Acquiescence In, Or Ratification Of Agent's Or Supervisors' Activities
602.04 Attorney Of Employer; Consultants
602.05 Unions, Union Representatives, And Welfare Fund Trustees As Employer Agents
602.06 Nonsupervisory Employees Generally
602.07 Business Associates And Other Employers
602.08 Law Enforcement Officers
602.09 Employer Associations
602.10 Lease Or License Arrangements
602.11 Labor Contractors

603.00 Union Responsibility For The Conduct Of Others

603.00 Union Responsibility For The Conduct Of Others
603.01 In General
603.02 Joint Or Several Responsibility Of Different Unions
603.03 Union Responsibility For Acts Of Its Officers, Members And Others

604.00 Laches

604.00 Laches
604.01 In General

605.00 Waiver

605.00 Waiver
605.01 In General

606.00 Estoppel

606.00 Estoppel
606.01 In General
606.02 Settlement Agreements As Bar Of Estoppel
606.03 Conduct Of Board Or Its Agents As Estoppel

607.00 Contract Law

607.00 Contract Law
607.01 In General
607.02 Contract Law: Parties, Proposals, And Acceptance
607.03 Contract Law: Consideration

608.00 Statutory Construction

608.00 Statutory Construction
608.01 In General
608.02 Clear Language Of Statute
608.03 Construction By Reference To Similar Statutes
608.04 Construction To Be Consistent With Overall Intent Of Statute
608.05 Legislative History; Other Evidence Of Legislative Intent
608.06 Deference To Interpretation Of Expert Administrative Agency

609.00 Exhaustion Of Administrative Remedies

609.00 Exhaustion
609.00 Exhaustion Of Administrative Remedies
609.01 In General
609.02 What Constitutes Sufficient Raising Of Issue
609.03 Futility Exception
609.04 Issues Beyond Jurisdiction Of Administrative Agency
609.05 Other Exceptions

610.00 Trade Secrets

610.00 Trade Secrets

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