Bruce J. Janigian
Chairman, Agricultural Labor Relations Board
The Agricultural Labor Relations Board (ALRB) has exclusive authority to conduct and certify representation elections for employee bargaining units and to remedy unfair labor practices in California agriculture. It functions comparably to the National Labor Relations Board, the jurisdiction of which specifically excludes farm employment. Mr. Janigian's more complete description of Board activities follows his presentation below.
Bruce Janigian is an alumnus of the University of California at Berkeley (Phi Beta Kappa, 1972) and earned law degrees from the Hastings College of Law (J.D.) and the National Law Center of George Washington University (LL.M.). He is a former Fulbright Scholar. In addition to chairing the ALRB, Mr. Janigian is a Visiting Scholar at Stanford's Hoover Institution on War, Revolution, and Peace, and has been an Adjunct Professor at the McGeorge School of Law since 1986
Many of the changes moving us forward at the Agricultural Labor Relations Board are reflected in both the style and the substance of our latest annual report to the Governor and Legislature. A previously dry, bureaucratic report now contains a new logo, upbeat mission and organization statements, and a new corporate-like review of the previous year's achievements, along with goals and objectives for the current year. Although the 15-year history of the agency is marked by a legacy of real and perceived problems, we are determined to make the ALRB a model of useful and efficient public service and very literally to "earn California's trust."
Like any adjudicating entity, the ALRB requires public trust and confidence to achieve its mission. A highly credible organization can resolve more disputes at the very earliest stages and avoid costly, time-consuming cycles of litigation and appeals. For the ALRB, this means concluding more matters in our field offices through early and inexpensive resolution of disputes and, even more desirable, through public education, outreach, and early intervention that contribute to the avoidance of unfair practices.
It is no wonder, then, that the principal focus of our goals has been on building public confidence by doing our jobs better than ever before. Removing public perceptions of political bias and inefficiency that have haunted the Board from its first days requires the constant, scrupulous efforts of all the Board and staff. The effectiveness of these efforts appears in the increasing willingness of parties to work cooperatively with our field staff. Perhaps another reason for this cooperation is the growing realization of parties that dilatory tactics and avoidance of legal responsibilities are more costly than early and fair disposition of infractions. Indeed, in most fully appealed cases, legal fees and interest costs dwarf the original assessment. What would have been easily resolved early on, later becomes a matter of business life or death, with attendant adversity to owners, managers, and workers, as well as to the state's revenue base and competitiveness.
Rule Revision
For our part, the ALRB is attempting everything possible to streamline procedures, clarify the law, and save the public from needless delay and expense. In this regard, we have just issued the first major rule-making revision of the Board in seven years. The consequences of our new regulations will be significant. For example, in the past, all ALRB unfair labor practice proceedings have been divided into a separate liability hearing and a subsequent compliance hearing at which any monetary consequence for the liability is determined. Since each hearing affords separate appeal rights, it has been common for two sets of appeals to go forward in each case, dragging out processing for years. In some cases, appeals of liability determinations have gone all the way to the California Supreme Court, even though no award was ultimately found owing at the compliance phase.
The new regulations will allow a consolidation of both liability and compliance proceedings in appropriate cases, saving costs to the state and parties involved and forestalling months or even years of appellate delay. These changes are part of one of the largest rule-making filings of any state agency this year. Areas covered range from pleadings and practice to prehearing conferences to settlements. In total, we believe our new regulations will increase the professionalism of the ALRB, clarify and expedite our procedures, and help ensure fairness to the parties and to the public.
Additional Accomplishments
Other achievements of the Board last year included numerous changes to improve and expedite case handling. With more case closures, we witnessed a dramatic increase in the amount of funds dispersed to farm workers ($1,539,733 as compared with $568,277 for the previous year). We also concluded all protracted cases that were long pending before the Board. At the beginning of last year, the Board had cases over two years old. By year end, we were in full compliance with new self-imposed performance standards calling for completed Board review within 90 days.
In addition to the sweeping regulatory changes, we completed a revision of our Elections Manual, establishing procedures to process elections more quickly. We also began detailed revision of our Compliance Manual and created a new Case Digest. In a year of freezing conditions and drought, we were responsive to economic conditions impinging on both agricultural employers and farm workers, while continuing vigorous enforcement of the Agricultural Labor Relations Act (ALRA).
Outreach and training went forward during the year, although seriously constrained by budget limitations. Participation in U.S. Department of Labor and other ongoing programs provided a structured basis for reaching the public at minimum expense.
Board members were offered a day to review decision-making techniques and to compare appellate judicatory processes with the presiding Justice and an Associate Justice of the Third District Court of Appeal. A training plan for all ALRB personnel was established and planning undertaken for continuing public education to assist in deterring violations of the ALRA wherever possible.
The Future
Looking ahead, the new state fiscal year 199192 has commenced with particularly difficult circumstances related to statewide budgetary reductions. Our headquarters office and storage space already have been reduced and a number of staff positions are being eliminated. Although our seasonal office in Santa Maria was permanently closed, we fully anticipate retaining our three regional offices in Salinas, Visalia, and El Centro.
Our greatest asset remains our highly trained and dedicated staff across the state, which has continued to provide excellent public service under challenging circumstances. Despite budgetary constraints, we are confident we will be able to achieve even higher levels of public service in the year ahead.
The Board will continue to improve the expeditious handling of all unfair labor practice and election matters through rigorous case management that ensures accuracy, fairness, impartiality, and timeliness. We are continuing to explore methods of reducing the delays that parties can trigger through various challenges and appeals during the election review process.
We will further improve the predictability and clarity of how the law is applied through our decisions, regulations, and manuals. We anticipate regulatory and manual revisions on a continuing basis.
The agency will expand public outreach to inform and educate agricultural employees, employers, and unions regarding the Agricultural Labor Relations Act, recent Board decisions, and recent court decisions. We will continue to work closely with other state and federal authorities to improve our outreach program. Work has recently begun on including ALRB legal developments in the electronic and mail networks available through the University of California and the California State University system.
Our goal is to carry out the Act, as stated in the preamble, "to ensure peace in the fields by guaranteeing justice for all agricultural employees and stability in agricultural labor relations." With the confidence and cooperation of the public we serve, the ALRB will succeed in making California a showcase for the sound and equitable administration of agricultural labor relations.
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