Chapter 1

THE EMPLOYMENT CONTRACT

-         EMPLOYMENT = A relationship in which people exchange time and effort for wages and benefits.

-         INDEPENDENT CONTRACTOR = Work independent of employer supervision and are not covered under labor legislation – examples are the minimum wage law and workers’ compensation.

-  FARM LABOR CONTRACTOR = 

          BEWARE OF JOINT LIABILITY – Grower must verify license

-         COLLECTIVE BARGAINING – Farm employees in California are protected under the provisions of the Agricultural Labor Relations Act. 

a.    Right to form, join, or assist labor organizations

b.    Bargain collectively through representative they choose

c.    Engage in concerted activities for mutual aid/protection

-         CERTIFICATION – The ALRB must certify representation. To

     become the exclusive bargaining agent of the group of workers,

     a union must win a majority of the votes cast in election.

-         DECERTIFICATION – Workers can choose through majority vote to decertify their current union.  Employers cannot become involved in the process of decertification.

-         UNFAIR LABOR PRACTICES – Unfair discrimination of an employee for choice to support (or not) union activities. Examples are firing – reduction in pay – re-assignment to less desirable work

-         GOOD FAITH BARGAINING – Both the union and the employer are required to bargain in good faith.