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Senate Bill 126—ALRA Modifications
(effective January 1, 2012)

1.      If the ALRB sets aside a representation election due to employer misconduct that affected the election’s results, the ALRB would nonetheless certify the union to represent the employer’s agricultural employees if the employer’s misconduct “would render slight the chances of a new election reflecting the free and fair choice of employees.”

2.      The ALRB must process challenged ballots and election objections by specific deadlines that are shorter than under prior law.

3.      An employer’s request for appellate court review of a union’s certification does not stop commencement of the mandatory mediation process regarding proposed collective bargaining agreement provisions.

4.      The ALRB can more readily than under prior law get a Superior Court restraining order to prevent or cure an employer’s unlawful conduct pending the holding of an election or 30 days, whichever is sooner.

5.      Mandatory mediation regarding proposed collective bargaining agreement provisions occurs sooner than under prior law:

a.       90 (formerly 180) days after an initial request to bargain

b.      60 days after certification of a union under the remedy described in point 1 above

c.      60 days after the ALRB’s decision to dismiss a decertification petition due to employer misconduct