Section 1157 Of Chapter 5. Labor Representatives And Elections From California Labor Code >> Division 2. >> Part 3.5. >> Chapter 5.
1157
. All agricultural employees of the employer whose names appear
on the payroll applicable to the payroll period immediately
preceding the filing of the petition of such an election shall be
eligible to vote. An economic striker shall be eligible to vote under
such regulations as the board shall find are consistent with the
purposes and provisions of this part in any election, provided that
the striker who has been permanently replaced shall not be eligible
to vote in any election conducted more than 12 months after the
commencement of the strike.
In the case of elections conducted within 18 months of the
effective date of this part which involve labor disputes which
commenced prior to such effective date, the board shall have the
jurisdiction to adopt fair, equitable, and appropriate eligibility
rules, which shall effectuate the policies of this part, with respect
to the eligibility of economic strikers who were paid for work
performed or for paid vacation during the payroll period immediately
preceding the expiration of a collective-bargaining agreement or the
commencement of a strike; provided, however, that in no event shall
the board afford eligibility to any such striker who has not
performed any services for the employer during the 36-month period
immediately preceding the effective date of this part.