1154
. It shall be an unfair labor practice for a labor organization
or its agents to do any of the following:
(a) To restrain or coerce:
(1) Agricultural employees in the exercise of the rights
guaranteed in Section 1152. This paragraph shall not impair the right
of a labor organization to prescribe its own rules with respect to
the acquisition or retention of membership therein.
(2) An agricultural employer in the selection of his
representatives for the purposes of collective bargaining or the
adjustment of grievances.
(b) To cause or attempt to cause an agricultural employer to
discriminate against an employee in violation of subdivision (c) of
Section 1153, or to discriminate against an employee with respect to
whom membership in such organization has been denied or terminated
for reasons other than failure to satisfy the membership requirements
specified in subdivision (c) of Section 1153.
(c) To refuse to bargain collectively in good faith with an
agricultural employer, provided it is the representative of his
employees subject to the provisions of Chapter 5 (commencing with
Section 1156) of this part.
(d) To do either of the following: (i) To engage in, or to induce
or encourage any individual employed by any person to engage in, a
strike or a refusal in the course of his employment to use,
manufacture, process, transport, or otherwise handle or work on any
goods, articles, materials, or commodities, or to perform any
services; or (ii) to threaten, coerce, or restrain any person; where
in either case (i) or (ii) an object thereof is any of the following:
(1) Forcing or requiring any employer or self-employed person to
join any labor or employer organization or to enter into any
agreement which is prohibited by Section 1154.5.
(2) Forcing or requiring any person to cease using, selling,
transporting, or otherwise dealing in the products of any other
producer, processor, or manufacturer, or to cease doing business with
any other person, or forcing or requiring any other employer to
recognize or bargain with a labor organization as the representative
of his employees unless such labor organization has been certified as
the representative of such employees. Nothing contained in this
paragraph shall be construed to make unlawful, where not otherwise
unlawful, any primary strike or primary picketing.
(3) Forcing or requiring any employer to recognize or bargain with
a particular labor organization as the representative of his
agricultural employees if another labor organization has been
certified as the representative of such employees under the
provisions of Chapter 5 (commencing with Section 1156) of this part.
(4) Forcing or requiring any employer to assign particular work to
employees in a particular labor organization or in a particular
trade, craft, or class, unless such employer is failing to conform to
an order or certification of the board determining the bargaining
representative for employees performing such work.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing for the purpose of truthfully
advising the public, including consumers, that a product or products
or ingredients thereof are produced by an agricultural employer with
whom the labor organization has a primary dispute and are
distributed by another employer, as long as such publicity does not
have an effect of inducing any individual employed by any person
other than the primary employer in the course of his employment to
refuse to pick up, deliver, or transport any goods, or not to perform
any services at the establishment of the employer engaged in such
distribution, and as long as such publicity does not have the effect
of requesting the public to cease patronizing such other employer.
However, publicity which includes picketing and has the effect of
requesting the public to cease patronizing such other employer, shall
be permitted only if the labor organization is currently certified
as the representative of the primary employer's employees.
Further, publicity other than picketing, but including peaceful
distribution of literature which has the effect of requesting the
public to cease patronizing such other employer, shall be permitted
only if the labor organization has not lost an election for the
primary employer's employees within the preceding 12-month period,
and no other labor organization is currently certified as the
representative of the primary employer's employees.
Nothing contained in this subdivision (d) shall be construed to
prohibit publicity, including picketing, which may not be prohibited
under the United States Constitution or the California Constitution.
Nor shall anything in this subdivision (d) be construed to apply
or be applicable to any labor organization in its representation of
workers who are not agricultural employees. Any such labor
organization shall continue to be governed in its intrastate
activities for nonagricultural workers by Section 923 and applicable
judicial precedents.
(e) To require of employees covered by an agreement authorized
under subdivision (c) of Section 1153 the payment, as a condition
precedent to becoming a member of such organization, of a fee in an
amount which the board finds excessive or discriminatory under all
circumstances. In making such a finding, the board shall consider,
among other relevant factors, the practices and customs of labor
organizations in the agriculture industry and the wages currently
paid to the employees affected.
(f) To cause or attempt to cause an agricultural employer to pay
or deliver, or agree to pay or deliver, any money or other thing of
value, in the nature of an exaction, for services which are not
performed or not to be performed.
(g) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with a labor
organization as the representative of his employees, or forcing or
requiring the employees of an employer to accept or select such labor
organization as their collective-bargaining representative, unless
such labor organization is currently certified as the representative
of such employees, in any of the following cases:
(1) Where the employer has lawfully recognized in accordance with
this part any other labor organization and a question concerning
representation may not appropriately be raised under Section 1156.3.
(2) Where within the preceding 12 months a valid election under
Chapter 5 (commencing with Section 1156) of this part has been
conducted.
Nothing in this subdivision shall be construed to prohibit any
picketing or other publicity for the purpose of truthfully advising
the public (including consumers) that an employer does not employ
members of, or have a contract with, a labor organization, unless an
effect of such picketing is to induce any individual employed by any
other person in the course of his employment, not to pick up,
deliver, or transport any goods or not to perform any services.
Nothing in this subdivision (g) shall be construed to permit any
act which would otherwise be an unfair labor practice under this
section.
(h) To picket or cause to be picketed, or threaten to picket or
cause to be picketed, any employer where an object thereof is either
forcing or requiring an employer to recognize or bargain with the
labor organization as a representative of his employees unless such
labor organization is currently certified as the
collective-bargaining representative of such employees.
(i) Nothing contained in this section shall be construed to make
unlawful a refusal by any person to enter upon the premises of any
agricultural employer, other than his own employer, if the employees
of such employer are engaged in a strike ratified or approved by a
representative of such employees whom such employer is required to
recognize under this part.