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AGRICULTURAL LABOR RELATIONS 4 SPB Compliance Review Agricultural Labor Relations Board supervisors were provided basic supervisory and sexual harassment prevention training within

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  • COMPLIANCE REVIEW REPORT

    AGRICULTURAL LABOR RELATIONS BOARD

    Compliance Review Unit

    State Personnel Board

    March 27, 2017

  • TABLE OF CONTENTS

    Introduction ..................................................................................................................... 1

    Executive Summary ........................................................................................................ 1

    Background ..................................................................................................................... 2

    Scope and Methodology .................................................................................................. 3

    Findings and Recommendations ..................................................................................... 4

    Examinations ............................................................................................................. 4

    Appointments ............................................................................................................. 6

    Equal Employment Opportunity (EEO) ...................................................................... 9

    Personal Services Contracts .................................................................................... 10

    Mandated Training ................................................................................................... 12

    Departmental Response ................................................................................................ 13

    SPB Reply ..................................................................................................................... 13

  • 1 SPB Compliance Review Agricultural Labor Relations Board

    INTRODUCTION

    Established by the California Constitution, the State Personnel Board (the SPB or

    Board) is charged with enforcing and administering the civil service statutes, prescribing

    probationary periods and classifications, adopting regulations, and reviewing

    disciplinary actions and merit-related appeals. The SPB oversees the merit-based

    recruitment and selection process for the hiring of over 200,000 state employees. These

    employees provide critical services to the people of California, including but not limited

    to, protecting life and property, managing emergency operations, providing education,

    promoting the public health, and preserving the environment. The SPB provides

    direction to departments through the Board’s decisions, rules, policies, and consultation.

    Pursuant to Government Code section 18661, the SPB’s Compliance Review Unit

    (CRU) conducts compliance reviews of appointing authority’s personnel practices in five

    areas: examinations, appointments, equal employment opportunity (EEO), personal

    services contracts (PSC’s), and mandated training to ensure compliance with civil

    service laws and board regulations. The purpose of these reviews is to ensure state

    agencies are in compliance with merit-related laws, rules, and policies and to identify

    and share best practices identified during the reviews. The SPB conducts these reviews

    on a three-year cycle.

    The CRU may also conduct special investigations in response to a specific request or

    when the SPB obtains information suggesting a potential merit-related violation.

    EXECUTIVE SUMMARY

    The CRU conducted a routine compliance review of Agricultural Labor Relations Board

    (ALRB) personnel practices in the areas of examinations, appointments, EEO, and

    PSC’s from September 1, 2015, through September 30, 2016, and mandated training

    from September 1, 2014, through September 30, 2016. The following table summarizes

    the compliance review findings.

    Area Finding Severity

    Examinations Examinations Complied with Civil Service Laws

    and Board Rules In Compliance

    Appointments Probationary Evaluations Were Not Provided for

    All Appointments Reviewed Serious

    Equal

    Employment

    Opportunity

    Equal Employment Opportunity Program

    Complied with Civil Service Laws and Board

    Rules

    In Compliance

  • 2 SPB Compliance Review Agricultural Labor Relations Board

    Area Finding Severity

    Personal Services

    Contracts

    Personal Services Contracts Complied with

    Procedural Requirements In Compliance

    Mandated

    Training

    Mandated Training Complied with Statutory

    Requirements

    In Compliance

    A color-coded system is used to identify the severity of the violations as follows:

     Red = Very Serious

     Orange = Serious

     Yellow = Non-serious or Technical

     Green = In Compliance

    BACKGROUND

    In 1975, then Governor Jerry Brown signed into law the Agricultural Labor Relations Act

    (Act) to “encourage and protect the rights of agricultural employees to full freedom of

    association, self-organization…and to be free from interference, restraint, or coercion”

    (Labor Code § 1140.2.) Consistent with this purpose, the ALRB’s role is to ensure

    peace and justice in the fields by providing stability in agricultural labor relations by

    implementing, protecting, and enforcing the rights and responsibilities of employers,

    employees, and unions in their relations with each other. The ALRB exercises

    jurisdiction over approximately 800,000 farmworkers and employers, which were

    specifically exempted from the coverage of the National Labor Relations Act in 1935.

    As established in the Act, the ALRB operates as two independent but related bodies;

    the Office of the General Counsel and the Office of the Board:

     The Office of the General Counsel acts as the prosecutorial branch of the agency

    with the responsibility to process, investigate, and prosecute unfair labor practice

    charges.

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