§ 1164.5. — 1164.5. (Amended by Stats. 2023, Ch. 7, Sec. 18.)

California § 1164.5.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 2.: DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION
• Part 3.5.: PART 3.5. AGRICULTURAL LABOR RELATIONS
• Ch. 6.5.: CHAPTER 6.5. Contract Dispute Resolution

Text

(a)
Within 30 days after the order of the board takes effect, a party may petition for a writ of review in the court of appeal or the California Supreme Court. If the writ issues, it shall be made returnable at a time and place specified by court order and shall direct the board to certify its record in the case to the court within the time specified. The petition for review shall be served personally upon the executive director of the board and the nonappealing party personally or by service.
(b)
The review by the court shall not extend further than to determine, on the basis of the entire record, whether any of the following occurred:
(1)
The board acted
without, or in excess of, its powers or jurisdiction.
(2)
The board has not proceeded in the manner required by law.
(3)
The order or decision of the board was procured by fraud or was an abuse of discretion.
(4)
The order or decision of the board violates any right of the petitioner under the Constitution of the United States or the California Constitution.
(c)
Nothing in this section shall be construed to permit the court to hold a trial de novo, to take evidence other than as specified by the California Rules of Court, or to exercise its independent judgment on the evidence.
(d)
An employer who seeks
review of a final order of the board pursuant to this chapter ordering into effect the terms of a mediator’s report establishing the terms of a collective bargaining agreement between the employer and a labor organization, or who otherwise appeals, petitions, or seeks to overturn or stay or modify any order of the board pursuant to this chapter, shall first post a bond with the board in the amount of the entire economic value of the contract as determined by the board as a condition to filing a petition for a writ of review or other court filing to ensure that employees or the labor organization receive the economic benefits of the contract if the employer does not prevail. The employer shall post the bond with the board within 30 days after the order of the board takes effect. The court shall dismiss any petition for a writ of review or other court filing where the petitioning employer did not timely comply with this subdivision. For purposes of this subdivision, the “entire economic value of the contract”
means the difference between the employees’ existing wages and economic benefits and those set forth in the contract.
(e)
The bond required under subdivision (d) shall consist of an appeal bond issued by a licensed surety or a cash deposit with the board in the amount specified in subdivision (d). The employer shall provide written notification to the labor organization of the posting of the bond and shall also provide notice to the court at the time of the filing of the petition for a writ of review or other court filing. The bond shall be on the condition that, if the petition or other court filing is withdrawn, dismissed, or denied or if judgment is otherwise entered against the employer, the employer shall pay the amount owed pursuant to the board’s order or the judgment of the court if in a different amount, unless the employer and
labor organization have executed a settlement agreement for payment of some other amount, in which case the employer shall pay the amount that the employer is obligated to pay under the terms of the settlement agreement. If the employer fails to pay the amount owed within 10 days of finality of the review proceeding or the execution of a settlement agreement, a portion of the bond equal to the amount owed, or the entire bond if the amount owed exceeds the bond, is forfeited to the board for appropriate distribution.

Legislative History

Amended by Stats. 2023, Ch. 7, Sec. 18. (AB 113) Effective May 15, 2023.