Section 1153 Of Chapter 4. Unfair Labor Practices And Regulation Of Secondary Boycotts From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 4.
1153
. It shall be an unfair labor practice for an agricultural
employer to do any of the following:
(a) To interfere with, restrain, or coerce agricultural employees
in the exercise of the rights guaranteed in Section 1152.
(b) To dominate or interfere with the formation or administration
of any labor organization or contribute financial or other support to
it. However, subject to such rules and regulations as may be made
and published by the board pursuant to Section 1144, an agricultural
employer shall not be prohibited from permitting agricultural
employees to confer with him during working hours without loss of
time or pay.
(c) By discrimination in regard to the hiring or tenure of
employment, or any term or condition of employment, to encourage or
discourage membership in any labor organization.
Nothing in this part, or in any other statute of this state, shall
preclude an agricultural employer from making an agreement with a
labor organization (not established, maintained, or assisted by any
action defined in this section as an unfair labor practice) to
require as a condition of employment, membership therein on or after
the fifth day following the beginning of such employment, or the
effective date of such agreement whichever is later, if such labor
organization is the representative of the agricultural employees as
provided in Section 1156 in the appropriate collective-bargaining
unit covered by such agreement. No employee who has been required to
pay dues to a labor organization by virtue of his employment as an
agricultural worker during any calendar month, shall be required to
pay dues to another labor organization by virtue of similar
employment during such month. For purposes of this chapter,
membership shall mean the satisfaction of all reasonable terms and
conditions uniformly applicable to other members in good standing;
provided, that such membership shall not be denied or terminated
except in compliance with a constitution or bylaws which afford full
and fair rights to speech, assembly, and equal voting and membership
privileges for all members, and which contain adequate procedures to
assure due process to members and applicants for membership.
(d) To discharge or otherwise discriminate against an agricultural
employee because he has filed charges or given testimony under this
part.
(e) To refuse to bargain collectively in good faith with labor
organizations certified pursuant to the provisions of Chapter 5
(commencing with Section 1156) of this part.
(f) To recognize, bargain with, or sign a collective-bargaining
agreement with any labor organization not certified pursuant to the
provisions of this part.