"1
DEPARTMENT OF

oqurn?lH?p-FI  EDMUND I3. JR, .. EDVERNDR

STATE CAPITUL ROOM 1 145 SACRAMENTO CA I 95814-4995 . . .
DFFICE UP THE DIRECTEIR Dar DA Gav

 

APR 0 1 2014

Honorable Mark Leno, Chair
Senate Budget and Fiscal Review Committee

Attention: Mr. Mark Ibele, Staff Director (2)

Honorable Nancy Skinner, Chair
Assembly Budget Committee

Attention: Mr. Christian Griffith, Chief Consultant (2)

Amendment to Budget Bill item 7300-001-0001, Support, Agricultural Labor Relations
Board

General Counsel and Administrative Funding (Issue 100)?It is requested that

Item 7300?0010001 be increased by $1,993,000 and 5 positions (4 attorneys and 1 field
examiner) to address additional workload due to increased caseload responsibilities. This
includes two, one-time augmentations: (1) $250,000 to contract with the Of?ce of State Audits
and Evaluations to conduct an evaluation of workload; and (2) $259,000 to replace five existing
vehicles and add four additional vehicles to address field work and administrative travel.

The effect of my requested action is reflected on the attachment.

if you have any questions or need additional information regarding this matter, please call
Mark Tollefson, Principal Program Budget Analyst, at (916) 322?2263.

MICHAEL COHEN
Director 

 

KEELY BOSLER
Chief Deputy Director

Attachment

cc: On following page

APR 0 1 201?}

cc: Honorable Kevin de Lec?m, Chair, Senate Appropriations Committee
Attention: Mr. Mark McKenzie, Staff Director 
Honorable Jim Nielsen, Vice Chair, Senate Budget and Fiscal Review Committee
Attention: Mr. Seren Taylor, Staff Director
Honorable Mike Gatto, Chair, Assembly Appropriations Committee
Attention: Mr. Geoff Long, Chief Consultant 
Honorable Jeff Gorell, Vice Chair, Assembly Budget Committee
Attention: Mr. Eric Swanson, Staff Director
Honorable Jim Beall, Chair, Senate Budget and Fiscal Review Subcommittee No. 2
Honorable Tom Daly, Chair, Assembly Budget Subcommittee No. 4
Mr. Mac Taylor, Legislative Analyst (4) 
Mr. Craig Cornett, Senate President pro Tempore's Office (2)
Mr. Christopher W. Woods, Assembly Speaker's Office (2) .
Ms. Deborah Gonzalez, Policy and Fiscal Director, Assembly Republican Leader's Of?ce
Mr. David M. Lanier, Secretary, Labor and Workforce Development Agency
Ms. Marisa Duek, Associate Secretary, Fiscal Policy, Labor and Workforce Development Agency
Ms. Genevieve Shiroma, Chair, Agricultural Labor Relations Board
Ms. Sylvia Torres-Guillen, General Counsel, Agricultural Labor Relations Board .

 

 

icc: SHELTON, MONROE, TOLLEFSON, DANIEL, SUSPENSE, FILE

ENACT 1 FL (TO 1 LETTERDOC

CBS315R DEPARTMENT OF FINANCE PAGE: 1

UNIT DATABASE 2014-15 CHANGE BOOK DATE: 03/20/14

BUFF WORKSHEET - Finance Letters TIME: 17:22:04

DEPT: Agricultural Labor Relations Board 
STATE OPERATIONS 7300-001-0001 14 14 

YOA YOBBUE
ISSUE: 100 P98: 

ITEM TITLE: P98 ISSUE:
001 Budget Act appropriation

DATE SIGNED:   

ISSUE: 100 General Counsel and Administration
Funding
POS 

Provide 5 positions and $1.99 million 
General Fund (including $1.45 million 
ongoing) to address increased caseload 
responsibilities. This includes a 
rebasing of the department's operating 
expenses and equipment. 

Proposed New Positions: 
Attorney (Range C) 4.0 299,000 
Field Examiner II 1.0 58,000 

Staff Benefits 118,000 

Operating Expenses and Equipment 1,518,000 
TOTAL FINANCE LETTER CHANGES 5.0 1,993,000 
TOTAL DETAIL CHANGES 5.0 1,993,000

10.00.000.000 Board Administration 498,250 
20.00.000.000 General Counsel Administration 1,494,750 i
NET IMPACT TO 7300-001-0001 1,993,000 
TOTAL NET IMPACT T0 7300-001-0001 1,993,000
POSITION CHANGES FOR ISSUE NUMBER AMOUNT IASM CONSULTANT: ZA
P08 5.0 357,000 ISEN CONSULTANT: CBF
PART YR ADJ P08 0.0 0 IDOF ANALYST: Natalie Daniel
TEMP HELP P08 0.0 0 DIRECTOR: M. NEWTON
OVERTIME 0.0 0 IRUN DATE: 03/20/14 17:22:04
-TOTAL- 5.0 357,000 TIME: 03/20/14 17:21:30



DEPT OF FINANCE LETTER




 OF CALIFORNIA

Budget Change Proposal - Cover Sheet
DF-46 (REV 03/13)

 

 

 

 

 

Fiscal Year BCP No. Org. Code Department Priority No.
-014/2015 ALRB 14-01 7300 Agricultural Labor Relations Board 1
FL
Program Element Component
20 General Counsel and 10 Board

 

 

 

Preposal Title
Funding for the Agricultural Labor Relations Board's Office of the General Counsel and Administration

 

Proposal Summary

The Agricultural Labor Relations Board (ALRB) General Counsel requests $1.993 million from the General Fund
(including $1.448 million ongoing) and 5 positions (4 attorneys and 1 field examiner) to address additional
workload due to increased caseload responsibilities. This request includes a rebasing of the department's
operating expenses and equipment.

 

 

Requires Legislation Code Section(s) to be Added/Amended/Repealed
ij Yes No
Does this BCP contain information technology (lT) Department CIO Date

components? Yes No

If yes, departmental Chief Information Officer must sign.

 

 

 

For lT requests, Specify the date a Special Project Report (SPR) or Feasibility Study Report (FSR) was
approved by the California Technology Agency, or previously by the Department of Finance.

FSR SPR Project No. Date:

 

lf proposal affects another department, does other department concur with proposal? [1 Yes No
Attach comments of affede department, signed and dated by the department director or designee.

 

   

 

 

      
  

ar Date Reviewed By Date
 Vf?ainZJa/r /7/2 /7

 a i ec Date ncy {?ra Date 
[Jul 1/ 20/ 033 1

Department of Finance Use Only

 

 

 

 
     

Additional Review: I Capital Outlay CI El FSCU El OSAE El CALSTARS [3 Technology Agency

 

CP Type: El Policy Workload Budget per Government Code 13308.05

 

PPBA Date su, mitted to the Legislature

{rd/4




 

 

. DP-46 03/13)

Fiscal Summary
(Dollars in thousands)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BCP No. Proposal Title Program
1 ALRB Reaiignment Generai Counsel (20) Board {10)
. Positions Dollars
Personal Servrces Totai Saiarles and Wages 1 5.0 5.0 $357 $357
Total Staff Benefits 2 - - 118 113
Total Personal Services 0.0 5.0 5.0 $0 $475 $475
Operating Expenses and Equipment
General Expense 200 164 ??56
Printing 7 7
Communications 66 66
Postage 6 6
Travel-In State 134 134
Travel~0ut of State 0 0
Training 35 35
Facilities Operations -205 ?205
Utilities. 70 70
Consulting 6 Professional Services: Interdepartmental 3 111 111
Consulting Professional Services: External 3 391 141 use
Data Center Services -7 ?7
Information Technology 61 61
Equipment3 366 107 
Other/Special Items of Expense: 4       - 
Data Processessing 78 78
Departmental Services 185 185
Total Operating Expenses and Equipment $0 $1 ,518 $973
Totai State Operations Expenditures $0 $1 ,993 $1 ,448
ltemNumber   -
Fund Source Org Raf Fund  1 I  
Generai Fund 7300 001 0001 $1,993 $1 ,446
Special Funds5
Federal Funds
Other Funds (Specify)
Reimbursements
Total Local Assistance Expenditures $0 $0 $0
Item Number  
Fund Source Org Ref Fund
General Fund
Speciai Funds5
Federal Funds
Other Funds (Specify)
Reimbursements I
Grand Total, State Operations and Locei Assistance $0 $1,993 $1,448

 

 

 

 

 

itemize positions by classi?cation on the Personal Services Detail worksheet.
2 Provide bene?t detail on the Personal Services Detail worksheet.
3 Provide list on the Supplemental information worksheet.
4 OtheriSpeclai Items of Expense must be listed individually. Refer to the Uniform Codes Manuai for a list of standard titles.
5 Attach a Fund Condition Statement that re?ects special fund or bond fund expenditures (or revenue) as proposed.

Personal Services Detail
(Who/e dollars)

 

No. Proposal Title
1 ALRB Realignment

 

Salaries and es Detail
2 Positions Salary Dollars

CY BY BY 1 Range BY BY 1
Attorne Ra 4.0 4.0 $5 838%? 091 $298,362 $298 362
Field Examiner 212

Classification 1

Total Salaries and Wages $355,574 $356 574

Staff Bene?ts Detail BY BY 1
$15,110 $15,110
Heelih/Dentel/Vision insurance 37 934 37,934
Retirement  .     

Miscellaneous 5'1 696 51,696
Set
industrial
Other:
Workers' Com
lndustriaiDisebii Leave
Non-Industriailliisabili Leave
Unem ent Insurance 441
Other: 3,534 3 534
Total Staff Benefits 3 $0 $118,000 $118,000

Grand Total, Personal Services $0 $474,574 $474,574

 

1 Use standard abbreviations per the Salaries and Wages Supplement. Show any effective date or limited-term expiration date in parentheses if the
position is not proposed for a full year or is not permanent, eg. (exp 6-30?13) or (eff 1-1-13)

Note: information provided should appear in the same format as it would on the Changes in Authorized Positions.

if multiple programs require positiOns, please include a subheading under the classi?cation section to identify positions by programielement.

3 Totals must be rounded to the nearest thousand dollars before posting to the Fiscal Summary.

Supplemental information
{Dollars in thousands)

 
   

  

BOP No.
?l

 
 

Proposal Title
ALRB Reali nment

    
 

II ui ment
Vehicles
Reali nment

 
 
 

  
 

Consulting 8: Professional Services

 

 

 

 

OSAE Study 250 0
Realignment 141 141
Total $0 $301 $141

 

 

 

 

Facil I ital Costs

   

 

Total $0

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

One-TimelLimited-Term Costs Yes No 
Description BY . BY +1 BY +2
Posltions Dollars PoSItzons Dollars Poolt-ions Dollars

Onewtime position costs ~36

One?time OSAE Study ~250

One-time Vehicles ~25-9

0.0: $0 0.0 ?$545 0.0 $0

Full-Year Cost Adjustment Yes No 

Provide ihe incremental change in dollars and positions by ?scal yearItem Nunmer Positions Dollars Positions Dollars Positions DOllal'S

Total 0.0 $0 0.0 $0

      

 

 

Future Savings Yes No 
Specify fiscal year and estimated savings, including any decrease in positions.
item Number BY I BY +1 BY +2
Positions Dollars Positions Dollars Positions Dollars

 

 

 

 

 

 

 

 

 

 

Total 0.0 $0 0.0 $0 0.0 $0

 

 

ALRB Spring Finance Letter
March 27, 2014

A. PROPOSAL SUMMARY

The Agricultural Labor Relations Board (ALRB) General Counsel requests $1.993 million in funding from
the General Fund (including $1.448 million ongoing) and five (5) positions (4 attorneys and 1 field
examiner) to address additional workload due to increased caseload responsibilities. This request
includes a rebasing of the operating expenses and equipment The ALRB has not had a
budget realignment for in many years. These funds will be allocated as follows:

I $794,000 for ongoing baseline costs. This assumes a departmental baseline operation cost
of approximately $975,000 (standard complement) and $1.208 million (above standard
complement);

a $690,000 (including $654,000 ongoing) for 4 attorneys and 1 field examiner to help address the
budget year workload;

A one?time augmentation of $250,000 for an ALRB work study analysis; and

A one-time augmentation of $259,000 for the purchase of nine (9) new vehicles.

This proposal is submitted in an effort to better align resources with recent business model
changes. Since September 2011 and the appointment of General Counsel Sylvia Torres?Guill?n, the
business practices have changed as follows:

I Pairing attorneys and field investigators to allow legal expertise to be available early in the
investigation process and to allow investigators to offer support during a case?s litigation
process;

0 Filing temporary restraining orders and preliminary injunctions in Superior Court;

- issuing investigative and post?complaint subpoenas and enforcing these subpoenas in Superior
Court; 

Responding to unanticipated worker strikes by sending staff to assist workers and unions in
peaceful resolutions, including conducting 48-hour ?strike? elections as needed;

0 Immediately assigning staff to investigate and offer education on rights and obligations when
Notices of Intent to Take Access (NAs) and Notices of Intent to Organize (NOS) are filed;

I Shifting resources to include a stronger presence in regional office locations, including the
addition of the Oxnard Regional Of?ce in April 2012,-

0 Addressing, investigating, litigating and closing old compliance cases and old investigation
cases, thus changing the age of the Agency?s backlogged cases from 35+ years to approximately
two (2) years or less;

0 Raising awareness of rights afforded under the Agricultural Labor Relations Act (Act). This
involves traveling to speak and provide information at various community events where farm
workers, unions, and employers are present. In fiscal year 2010/11, and 2011/12, ALRB
participated in 23, and 55 outreach events, respectively.

These changes to the General Counsel?s business model have led to more thorough and timely
investigations of charges and have enabled the ALRB to make great strides towards fulfilling its mission
of ensuring peace and justice in California?s agricultural fields. However, current staffing levels are
inadequate to meet an increased public need for ALRB services and additional staff is critical.

The workload and level of complexity of cases before the ALRB has also increased. in the last two and

half years, the General Counsel has also seen a dramatic and sustained increase of case work

responsibilities and has had to work through extensive inherited backlog. The General Counsel does not
1

ALRB Spring Finance Letter
March 27, 2014

have the internal resources to timely investigate and prosecute complex cases while moving forward
with the backlog and new cases. Failure to fund the ALRB General Counsel?s requested expenses
and positions will result in harmful delay, excess backlog and would negatively impact the farm worker
community. The requested increases in positions and operational expenses will enable the ALRB General
Counsel to carry out her mandate, uphold the law and protect farm workers.

B. 
The Agricultural Labor Relations Act was signed into law by Governor Jerry Brown in 1975 to:

encourage and protect the right of agricultural employees to full freedom of
association, self?organization, and designation of representatives of their own
choosing, to negotiate the terms and conditions of their employment, and to be
free from interference, restrain t, or coercion of employers of labor or their agents,
in the designation of such representatives or in self organization or in other
concerted activities for the purpose of the collective bargaining or other mutual
aid or protection.

Lab. Code 1140.2. Consistent with this purpose, the 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. ld.
Farm workers play a critical role in building and maintaining California?s $43.5 billion dollar agricultural
economy, doing some of the most difficult, dangerous, and important work in the state. The ALRB has
the important task of protecting farm workers.

The Act established a two-part Agency: the General Counsel and the Board. The General Counsel is the
chief prosecutor of all violations of the Act, with the responsibility to process, investigate, prosecute and
resolve unfair labor practice charges. She has been responsible for all of the remedial efforts and
has been the compliance officer for the ALRB. The General Counsel has also been responsible for
managing and-leading regional staff to ensure that the agency conducts free and fair elections for farm
workers, has led the proactive public outreach efforts and the development of outreach

materials and has been responsible for supervising administration duties for the ALRB. The Board serves
as the judicial arm of the Agency.

In September 2011, Governor Brown appointed Sylvia Torres-Guill?n as ALRB General Counsel and
provided her with a mandate to ensure that the ALRB was a fully functioning, efficient and responsive
agency to all of its stakeholders. To that end, she conducted broad and deepconsultations to evaluate
stakeholder need and to gauge the responsiveness and commitment to meeting those needs. In
meetings and conversations held across the state and across the diverse stakeholder community, as well
as with ALRB personnel, all stakeholders expressed the need for increased accountability, timely
investigation and enforcement, outreach, and greater professionalism, generally. Previously, cases
languished in storage boxes and filing cabinets for years, if not decades. Recognizing the need to
revitalize the agency, the General Counsel implemented significant policy changes, developed and
delivered state-wide personnel training, and raised the expectations. The improvements resulted
in a striking increase in the demand for ALRB services and marked need for more infrastructural support.

The current staffing levels are inadequate and present a barrier to the ability to
accomplish the aforementioned mission. Understaffing threatens to destroy any trust the agency has

2

ALRB Spring Finance Letter
March 27, 2014

earned in the last two and a half years, thus undermining the agency?s ability to protect farm workers,
enforce the law and prosecute violators. An increase of five additional staff members will not undo
decades of consistent cuts to funding and positions, but it will help the General Counsel continue to
make progress towards meeting the Agency mission and avoid returning to the days of decades old
backlogged cases.
Resource History
{Dollars in thousands)

 

 

 

 

 

 

 

Program Budget 2008/09 2009/10 2010/11 2011/12 2012/ 13
@?gg?g??i?es 5,148 5,189 5,024 5,116 5,490
Actual Expenditures 4,574 4,315 4,393 5,055 5,460
Revenues

Authorized Positions 38.5 38.5 37.0 37.5 41.5
Filled Positions 31.3 34.2 32.9 32.8 36.7
Vacancies 7.2 4.3 4.1 4.7 4.8

 

 

 

 

 

 

 

 

C. STATE LEVEL CONSIDERATIONS

California outpaces all other states in the nation as the largest food and agricultural economy,
representing 11.6% of the United States total agricultural economy in 2011. See
The most recent figures from
California?s Agricultural Statistics Review for 2012/13 show that California?s agricultural production is up
to an extraordinary $43.5 billion dollars. There are an estimated 800,000 fa rm workers during the low?
point winter months and 1.2 million farm workers during peak employment in the summer months. See
Given the
importance of agriculture to California and the nation?s economy, the public at large has an interest in
ensuring the ALRB continues to meet its statutory mandate to ensure peace and justice in the fields and
stability in labor relations. California is the only state in the country that protects farm workers through
a carefully drafted agricultural labor relations law designed to encourage farm workers to exercise their
right to freedom of association to improve their working conditions. California is the only state in the
country that has a law akin to the National Labor Relations Act, which extends the same, and at times
stronger, protections to farm workers. if farm workers do not feel that they can speak up about working
conditions without retaliation, they could be subjected to unfettered abuse or even deadly working
conditions.

D. JUSTIFICATION
1. Operating Expenses and Equipment 

The ALRB General Counsel requests $794,000 ongoing for ALRB operational expenses and equipment.
The ALRB also requests adding a total of $459,000 above the standard complement in (including
$259,000 for fleet vehicles and $250,000 for a work study). See Attachment A. This addition would
establish ALRB at a new baseline operations amount and allow the department to manage ongoing costs
of business.

The ALRB has not had a realignment of its budget in many years and this has forced the agency to
absorb costs associated with increased expenses. The ALRB has had to work within its budgetary

3

ALRB Spring Finance Letter
March 27, 2014

constraints by shifting resources from personal services dollars to cover increases in Funding
above the standard complement is now necessary because the past year expenditures
indicate that standard complement rates fall short in the following line items: training, travel, general
expenses, internal and external consulting contracts, departmental services, consolidated data centers,
information technology and equipment. A generic costing of current positions under the
comparable Department ofJustice costing methodology indicates that current staff should maintain a
standard complement of approximately $975,000. This assumes ongoing rates at $41,470,
$13,840, $9,500, $18,990, and $22,930 for attorney, administrative, technical, legal analyst, and lT
analyst general position categories. See Attachment B.

The revitalization of the agency and additional workload has resulted in correSponding additional needs
in various areas of the budget. Some of these increased costs were temporarily offset by
redirecting personal services dollars to and for other expenses the ALRB simply had to go without
basics. The following are some examples of expenses that will be covered by this augmentation to the
budget:

0 Training: Workforce training and development for ALRB employees to access outside training
opportunities and develop the knowledge, skills and abilities necessary for effective
investigation and advocacy.

in Travel: Travel expenses which have increased significantiy in the past two and half years due to
an increased workioad and extensive efforts to serve California?s farm workers.

a General Expense: The current legal resources that are severely limited, outdated, well
below the industry standard and need to be replaced.

I Contracts: The internal departmental services contracts and external consulting contracts
which have increased significantly due to more complex litigation, increased hearing costs and
costs associated with pending lawsuits filed against the Board and its Board members.

a Printing: The ALRB has recently updated its decades-old outreach materials and funding is
needed to print and distribute these materials.

0 Information Technology: The servers and network infrastructure are past their industry
standard lifecycle and must be upgraded. This funding ensures a laptop and IT equipment
refresh program, IT training and increased IT costs incurred due to state mandates requiring the
agency to connect to California Government Enterprise Network and transition to the state wide
email system Microsoft Outlook.

2. Personal Services and Related Work Study

The ALRB General Counsel requests $690,000 (including $654,000 ongoing) for four (4) attorneys and
one (1) fieid examiner1 and $250,000 above the standard complement (one?time) for an ALRB work
study analysis. See Attachment for position costing detail. Attachment is a current organizational

 

1 In 2012, the ALRB General Counsel paid field examiners $57,028 in overtime pay, or the equivalent of an
additional field examiner position. The entry?level salary for a Field Examiner ii position is $52,800.
4

ALRB Spring Finance Letter
March 27, 2014

chart for the Office of the General Counsel and Attachment is an ?after? proposed organizational chart
that reflects where the requested five positions will be based.

a. 4 Attorneys and 1 Field Examiner Positions

This proposal requests four attorneys and one field examiner. These additional five positions will help
the ALRB address an increased workload over the last two and half years, the backlog of cases, and the
significant workload caused by intense litigation in numerous complex cases involving one of California?s
largest growers, Gerawan Farming, inc. The ALRB General Counsel does not have the staff to fully and
timely investigate and prosecute complex cases like Gerawan internally at a standard the General
Counsel recognizes is necessary and as required by our governing Regulations, without shutting down
much of the other work conducted by the agency. Cal. Code Regs. ?20335(c).

i. Additional Positions are Necessary to Respond to Increased Need for ALRB Services

in the last two years, the General Counsel has seen a dramatic upswing in the number of farm workers
accessing the services. The number of unfair labor practice (ULP) charges filed by stakeholders
has increased over the last few years as follows: a 20% increase from fiscal 2010/11 to 2011/12 and a
32% increase from fiscal 2011/12 to 2012/13. This represents a 57% increase in charges filed over the
course of two fiscal years. in the first half of this 2013/14 fiscal year, the number of ULP charges was
already at 85 charges. Halfway through this year, the ALRB was on pace to seeing a 100% increase in
ULP charges filed over the course of three fiscal years.

The number of complaints issued by the General Counsel has also increased significantly. In the 2011/12
fiscal year, the number of ULP charges that led to a complaint nearly doubled. As set forth in the
workload history chart below, there has been a 160% increase in two years in the number of ULP
charges that led to complaints. Furthermore, number of complaints has also increased over the last few
years as follows: a 100% increase from the fiscal year 2011/12 to 2012/13 and given the current
numbers are on track to have a 160% increase from the fiscal year 2012/13 to 2013/14. This represents
a 420% increase in complaints over the course of two fiscal years.

Workload History

 

 

 

 

 

 

Workload Measure 2010/2011 2011/ 2012 2012/2013 (thr33;:013)
ULP Charges 86 103 136 85

Administrative Hearings 3 2 5 3

Complaints issued 5 5 10 13

Charges to Complaint 10 19 26 19

 

 

 

 

 

 

ii. Background on the Gerawan Farming Inc. Cases

In October 2013, there was a sudden explosion of activity involving Gerawan farm workers with the
filing of two petitions to decertify the union. The representation election involved approximately 2,600
Gerawan farm workers and was one of the largest representation elections conducted in ALRB history.
The election required participation from the entire agency, drew intense media scrutiny of the ALRB,
and involved multiple protests of hundreds of farm workers at ALRB offices. Thus far, Gerawan has
already consumed extensive ALRB resources, including over 3,200 staff hours to conduct a

5

ALRB Spring Finance Letter
March 27, 2014

representation election and to conduct preliminary investigations, and involves serious fraud and
employer assistance issues as well as over 60 unfair labor practice charges.

investigating these 60 ULP charges will require extensive investigations, hearing preparation, and post
hearing briefing. This includes home visits to farm workers, interviews with foreman and other Gerawan
agents and multiple administrative hearings.2 See Attachment F. Gerawan will, in all likelihood, take at
least 3?4 years to complete. The General Counsel faces well?funded opposing counsel in this case.
Additional resources to fund Gerawan litigation are critical. The General Counsel cannot and will not
shut down the entire agency to litigate one case. If additional funding for positions is not approved, the
General Counsel will not be able to move forward in litigating the Gerawan cases.

Resources Required for Complex Litigation Cases Including Gerawan Farming, Inc.

The ALRB has seen an increase in recent years in the complexity of cases brought before the agency. in
a recent comparable case to Gerawan, involving a decertification election at D?Arrigo Bros. of CA,
another large grower, involving only six (6) ULP charges that were far less egregious, the ALRB was
similarly unable to internally handle parts of the case, namely, the post?hearing briefing associated with
D'Arrigo. The General Counsel received assistance from the California Department of Human Resources
to complete the necessary post-hearing briefing for D?Arrigo. For the D?Arrigo briefing alone, 
required ten (10) attorneys, that is more attorneys than the General Counsel had in the entire agency,
four (4) paralegals and six (6) law clerks to prepare the briefing, expending a total of 2,883.5 hours on
the case at a total cost of $468,498.

D?Arrigo and Gerawan are comparable, but Gerawan is significantly more complex because it involves a
significantiy higher number of ULP charges, much more serious allegations of employer misconduct and
fraud. The ALRB does not have the resources to litigate Gerawan and the General Counsel has already
dedicated significant staff resources to this case in 2013. if were to handle the Gerawan case, it
would easily be at a cost of anywhere from $2 to 2.5 million doliars, and whiie they may be able to
handle the briefing, they lack the expertise to investigate the charges.

b. ALRB Work Load Studv

The 2014/15 caseload projections justify four (4) attorneys and one (1) field examiner positions.
As part of her revitalization of the ALRB, the General Counsel requests funds for a work study to help the
agency collect data about its processes and quantify workload needs for fiscal year 2015/16 and
beyond. The ALRB would participate in a one?time workload study this summer and early fall so that
ongoing caseload estimates can be evaluated. The Department of Finance?s Office of State Audits and
Evaluations will work with the ALRB General Counsei to conduct a work load study in coordination with
the Department of Finance budget staff and the ALRB, with the sole purpose of providing support to the
effort to gather additional data to address the needs. This collaboration will be funded
from a one?time above standard complement augmentation of $250,000. The data from the work load

study will be used in future years to request additional resources consistent with the anticipated needs
of the agency.

 

2 ALRB administrative hearings are akin to civil bench triais and differ significantly from hearings before
administrative law judges at sister state agencies. For example, whereas the duration of a hearing before an ALJ at
the Labor Commissioner may be limited to a few hours, ALRB hearings before our ALIS typically last anywhere
from a few days to a few weeks, and include comprehensive direct and cross examinations, ore?hearing motions,
and an opening statement and closing argument.

6

ALRB Spring Finance Letter
March 27, 2014

3. Fleet Vehicles

The ALRB General Counsel is requesting $259,000 in one?time above standard complement to replace
five (5) existing vehicles and add four (4) new vehicles to our departmental fleet. The prior existing fleet
vehicles are outside their normal useful life and four have already been surveyed and sent to auction
because repair costs exceed their value. See Attachment G. The remaining vehicle is over 12 years old,
suffers from frequent breakdowns, poor cargo space and cannot travel well in agricultural fields.

The ALRB General Counsel has seen a significant increase in mission-critical travel within the last two
and a half years. During that time, the five vehicles have been insufficient and the agency has had to
supplement the existing fleet with car rentals and personal mileage reimbursements. In the last two and
half years, the ALRB has already spent $39,733 in car rentals and personal mileage reimbursements in
the last two years as a temporary solution to the lack of reliable fleet vehicles. Whereas the fleet of five
vehicles may have been enough in prior years where they were given minimum use (as demonstrated by
the low mileage in September 2011 in Attachment H), that is not the case today.3

The General Counsel has developed a ?eet acquisition plan for the Department of General Services to obtain nine
?eet vehicles; ?ve replacement vehicles and four additional vehicles. DGS conducted an of?cial review of the
?eet acquisition plan and informed us that our packet was strong and that all the necessary components
were there. Final approval by DGS requires proof of funding for the purchase of the additional vehicles. (See
Management Memo 13?02 regarding State Fleet Annual Acquisition Plan which requires that ?an authorized budget
change proposal (BCP) or Governor?s budget line item must be attached to substantiate any increase in staf?ng or
workload corresponding with the request for additional vehicles?)

a. Fleet Vehicles are Necessary to Perform Mission Critical Tasks

- Fleet vehicles are essential to the ALRB for a multitude of reasons. The migratory nature of agriculture
means that farm workers travel throughout the state to follow crops and work. The ALRB needs reliable,
cost-effective vehicles to travel to where farm workers and stakeholders are located.

Farm workers represent some of the most economically disadvantaged people in the country. Based on
the National Center for Fa rmworker Health?s September 2012 Report and the US. Department of
Labor?s most recent National Agricultural Workers Survey, the average individual income for farm
workers is between $12,500 to $14,999, the average total family income ranged from $17,500 to
$19,999 and 23% of all farm workers had total family incomes that were below the federal poverty

 

3 As an example, it is fairly common for the Visalia Regional Office to simultaneously send several attorney/field
examiner teams to Conduct investigation or participate in outreach, noticing, or hearings. On any given day, one
Visalia team is scheduled to conduct interviews in Fresno, a second Visalia team is scheduled to conduct another
set of interviews in a different location in Fresno, a third Visalia team is scheduled to conduct interviews in Delano
and the Visalia Regional Director is scheduled to participate in a hearing in San Marcos. This situation is not an
anomaly in the regional offices.

Having safe and well?maintained state vehicles is necessary for the ALRB to work efficiently and effectively.
Renting vehicles consumes a significant amount of time and expense, particularly when larger vehicles are needed,
and personal vehicles are not always completely reliable. The General Counsel also regularly travels to the regions
to provide support and training for staff, hearings and elections. Fuel-efficient vehicles would allow the ALRB to
conduct necessary travel at a reduced cost to the state. There is also an added value to using official state vehicles
recognizable as such, especially when travelling to the fields and worksites.

7

ALRB Spring Finance Letter
March 27, 2014

guidelines. Thus, travelling to regional
offices to obtain services represents a significant financial burden on farm workers. Many farm workers
do not have a car or cannot afford to travel to our regional offices. The agency must travel to them to
ensure they are able to exercise their rights under the Act.

Representation elections and investigations in the agricultural setting require an ALRB fleet mix of fuel
efficient cars, SUVs, and trucks. SUVs and trucks must have either 4x4 or All-Wheel Drive capability to
maneuver in field conditions. Cargo space is needed to transport mobile workstations, case file boxes,
evidence, election equipment, and outreach materials. Staff must mobilize quickly in the election setting
and most elections, depending on the allegations in the petition, take place within either two or seven
days from the date a representation petition is filed. Regional staff must respond quickly and identify
locations for these elections to take place. They must also work out transportation logistics, such as
coordinating transportation of bulky election equipment such as voting booths, 6-foot tables and chairs
to each voting site. These elections usually take place on the grower?s property in an open dirt field in
order to increase accessibility and ensure high voter turnout. During elections, the ALRB also has the
added responsibility of transporting fa rm workers who serve as election observers because they must
remain with the ballot box until the votes are counted. The ALRB needs reliable vehicles that address
these concerns. A sports utility vehicle would allow the ALRB to have the space to transport the fa rm
workers, staff and small cargo. A crew cab truck with all-wheel drive that can navigate these conditions
and allow our staff to access voting sites would also be an essential part of our fleet.

Travelling in agricultural fields occurs year round and on a regular basis at the ALRB, and is not limited to
the summer harvest months. For example, while the agency may only see 3?5 elections each year, in
2013 there were 60 Notices of Intent to Take Access (NA) or Notices of Intent to Organize (NO) filed by
unions. The ALRB had to do significant travel in agricultural fields for the elections and staff also had to
reach out to the farm workers and the growers and travel as necessary for outreach related to the NAs
and N05. In addition, larger SUV and crew cab trucks are required year round to do compliance checks
related to settlement agreements and Board Orders.4

b. Purchasing Replacement Vehicles v. Leasing Vehicles

The ALRB is basing the vehicle selections upon 2013 Mandatory Statewide Contract for Fleet
Vehicles. A cost comparison between outright purchasing and leasing revealed that outright purchasing
is the most cost-effective approach over a 5 to 10-year life span of a vehicle. See Attachment H. There is
a 13% to 348% cost savings under the purchase option. id. in raw dollars, the savings range from $3,835
to $124,340. id.

Fuel-efficient ca rs are required to travel to fa rm workers and between regional offices as discussed
supra. The ALRB is interested in the following: (1) three Ford Fusion Hybrids 2L one for
Salinas, Visalia and Sacramento for an estimated aggregate cost of 5530,6525 with the five-year service
plan; (2) Four fuel efficient E85 Chevrolet Tahoes one for Salinas, Visalia, Oxnard and El

 

4 A compliance check entails staff travelling to an agricultural work site, typically fields, while employees are
working. Locating the fields is challenging since they do not have standard addresses that can be inputed into a
GPS navigation program. Instead, we usually only have an intersection and (through trial and error] try to locate
the field, locate the farm workers, and find the bathrooms. These compliance checks occur regulariy and
throughout the year and all require larger trucks to navigate agricultural fields.

5 This aggregate amount is reflected in ALRB fleet acquisition plan submitted to D65 and includes taxes and a $335
five-year service plan per vehicle.

8

ALRB Spring Finance Letter
March 27, 2014

Centro for an aggregate amount for four SUVs is $129,9616 with the five-year service plan; and (3) two
Dodge Rams 1500 3.6L one for Salinas and Visalia for an aggregate amount of $48,2097 with
the five-year service plans. This would include crew-cab trucks with an after-market camper shell
($1,500) to transport large cargo to other Regional Offices, conduct investigations of medium to large

farms and conduct elections, as discussed supra. The funding approval would allow the ALRB to continue
its mission?criticai work in the fields by purchasing safe and reliable vehicles.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fusion $24,443 $335 $24,778 3 $74,334 $6,318.39 $80,652

Tahoe $29,595 $350 $29,945 4 $119,780 $10,181.30 $129,961

Ram $21,816 $400 $22,216 2 $44,432 $3,776.72 $48,209

Total $258,822
E. OUTCOMES AND ACCOUNTABELITY

 

This proposal will allow the ALRB to carry out its statutory duties to encourage and protect the rights of
farm workers. With the current resources, even working at maximum levels, the ALRB cannot but bareiy
scratch the surface of the violations of the Act that occur or even be aware of all of them. The sheer size
of the agricultural workforce in the State we are charged with serving, coupled with the great
geographical service area, has been and remains a challenging factor to the ability to address
their needs and redress the conduct which violates their rights. The ALRB has operated as much as it can
with the philosophy of do what you can with what you have; and now, to do what it needs, the ALRB
requires additional resources. Funding for five positions will provide critical resources to ensure the
ALRB can aggressively litigate the increased number of cases, continue to eliminate the backlog and
timely litigate the Gerawan cases. The additional funding also allow the General Counsel to comply
with state technology mandates, provide staff reiiable sources of transportation and provide staff with
basic legal tools and other operating expenses and equipment. With this much needed additional
staffing and additional funding the ALRB will be equipped to move successfully forward to help more

fa rm workers it is charged to protect.

 

5 This aggregate amount is reflected in ALRB fieet acquisition plan submitted to 068 and includes taxes and a $350
five-year service plan per vehicle.
7 This aggregate amount is re?ected in ALRB fleet acquisition plan submitted to DGS and includes taxes and 315400
five-year service plan per vehicle.

9

ALRB Spring Finance Letter

March 27, 2014

F.

ANALYSIS OF ALL FEASIBLE ALTERNATIVES

Do Nothing

ros: None.

ggng: This alternative will negatively impact the farm worker community and jeopardize
the ability to uphold the Act. The ALRB General Counsel will not be able to
internally litigate all of her cases, including Gerawan,- there will be prolonged delays in .
investigating, litigating and briefing the increased case load; farm workers and
stakeholders will become more frustrated with delays, there will be additional protests
at the offices and the tremendous progress on backlog achieved in two and a half
years will be undone. There will also be attrition, as staff will leave the ALRB due to the
unsustainable and mounting workload. The outdated IT infrastructure will leave the
ALRB staff with weak resources that interfere with the necessary progress; and the ALRB
will pay more to conduct mission critical case work travel.

Refer Work to Outside Agencies

m: An alternative to the current excessive workload problem is to contract
out to other agencies like to research, write and file some of the more complex
cases. The investigation and litigation of the Gerawan case and other large cases could
probably not be handled by the Attorney Genera l?s Office, or another outside
agency because they lack expertise. This alternative would enable a more manageable
case work load to the current ALRB staff that is in severe need of added support, but it
would be at a higher cost to the State of California.

Gig: The cost to the State of California to handle the Gerawan case would be at a
significantly higher cost and would not aileviate the structural problems of understaffing
and unsustainable workloads. Current and the Attorney General?s Office rates for
attorneys and paralegals are much higher than funding additional positions at the ALRB.
This alternative would not address the operational problems addressed in this proposal,
such as funding for to ensure the correct standard complement.

Approve the Proposal

M: Approval of the proposal would allow the ALRB to continue serving the fa rm
worker community in a fast, efficient and effective manner, as well as provide much
needed and necessary reiief for current ALRB staff. Current ALRB staff will receive
the critical assistance needed to complete the backlog and current workload the agency
is facing. Additional positions will allow the ALRB to be more efficient in working
through the increase case work and to effectively investigate, litigate and brief Gerawan
Farming. Furthermore, the new fleet vehicles would provide a cost effective and safe
means for travel for the ALRB staff and funding for the relocation would make the ALRB
more accessible to the farm worker community.

10

ALRB Spring Finance Letter
March 27, 2014

G. IMPLEMENTATION PLAN

Begin the hiring process forJuly 2014.

H. SUPPLEMENTAL INFORMATION

None

I. RECOMMENDATION

Approve an increase of $1.993 million, including $1.448 million ongoing, as follows.

0 Approve an increase of $690,000 (including $654,000 ongoing) for 4 attorneys and 1 field
examiner to help address budget year workload.

- Approve an increase of $794,000 for ongoing baseline costs. This assumes a departmental
baseline operation cost of approximately $975,000 (standard complement) and $1.208 million
(above standard complement).

0 Approve a one?time augmentation of $250,000 for an ALRB work study analysis

0 Approve a one?time augmentation of $259,000 to purchase 9 new vehicles.

 

  
     

    

 

 

 

SALARIES WAGES new POSITIONS 350,580
STAFF BENEFITS NEW POSITIONS 117,671

mm SERVICES -. - - 474,251 
ABOVE STND COMP (ONGOENG) 794,000
VEHICLES (ONE-TIME) 250,000
WORK STUDY 250,000
new (ONGOING) 179,720
050:: new (ONE-TIME) 35,570

TOTAL 05555- I I I I I. 1.5.5.1 3:29.91:-

    

 

11

 

ALRB

Summary of Spring Finance Letter Costs

A





Attachment A

 

TOTAL Needed for

Existing Positions Based Current In ALRB

on AG Costing Model and Budget

12-1 3 Expen dilutes

New Needed for
Existing Positions

One Times for OSAE
Study and Fleet Vehicles

Costs for 5 New Positions

TOTAL

 

09190 

STANDARD COMPLEMENT

GENERAL EXPENSE:
Office Exp. Supplies
One-Time
Legal ResearchIUpdate
Bar Dues
Personal Computer
TOTAL GENERAL EXPENSE

PRINTING

COMMUNICATION

POSTAGE

TRAVEL IN STATE

TRAINING

FACILITIES OPERATIONS
UTILITIES

CONSULTANTIPROF SVS (INT)
CONSULTANTIPROF SVS (EXT)
DEPARTMENTAL SERVICES
CONSOLIDATED DATA CENTERS
INFORMATION TECHNOLOGY
EQUIPMENT

DATA PROCESSING

TOTAL COMP)

131,000

15,000
100,000
10,000
192,000
39,000
357,000
79.000
304,000
312,000
285.000
33.000
91,000
117,000
63.000
2,183,000

50,000

10,000
50,000
5,000
73,000
8,000
596,000
9,000
257,000
171,000
100,000
40,000
10,000
10,000

1,385,000

(543}

131 ,000
0

5,000
50.000
5,000
119,000
31,000
-239.000
70.000
47.000
141,000
185,000
-7,000
01,000
107,000
58,000
794,000

250.000

259,000

509,000

4,000
35.000
20.000

2.000

7,000
69,000

2,000
16,000
1,000
15.000
4.000
34,000

64.000

10.000
215,000



4,000
36.000
20,000

2,000

7.000

200,000
0

7,000
06,000

5,000

134.000
35.000
-205,000
70.000
111,000
391,000
185,000
?7,000
81.000
356,000
75,000
1,518,000

 

 

KJeuJLuns 1315an [9101

 

 

PROPOSED ALRB BUDGET {2014-15)

SALARIES 3? WAGES

STAFF BENEFITS

TOTAL PERSONAL SERVICES
ABOVE STND COMP
VEHICLES (ONE-TIME)

OSAE 

POSITIONS (ONGOING)
POSITIONS (ONE-TIME)
TOTAL 

TOTAL STATE OPERATIONS

 

 

0
794,000

794.000
794.000

0000

259, 000
250,000
0
0
509,000
509,000

357,000
118,000
475,000

1 79.000

36.000
215,000
690,000

357,000
118,000
475,000
794.000
259.000
250,000
179,000
35,000
1,518,000
1,993,000

 

 

Deta? for Columns SD is included in Attachment B.

 

 

 

 

 

Detail for Column is
included in Attachment
C.

 

 

 

ALRB

Summary Of Realignment

Attachment 

 

Standard Complement Castings to Calculate Need for Existing Poslu'ons Based on DOJ Costing Model

Corresponds to Attachment A

 











 

Administ'ator
8.
Analyst

17 Attorney

Legal

15 Analyst

Techn
Classes

lTlComputer
Analyst

Total Standard
Complement
Needed for
Existing Staff

Total 
Need Based
on Standard
Complement
and Actual
1 2-1 3
Expenditures

Current DES-E

Shortfall

 

 

"3390 3030

 

 

STANDARD COMPLEMENT

GENERAL EXPENSE:
Of?ce Exp. Supplies
Legal 
Bar Dues
Personal Computer
TOTAL GENERAL EXPENSE

PRINTING
COMMUNICATION

POSTAGE

TRAVEL lN STATE

TRAINING

OPERATIONS
CONSULTANTIPROF (INT)
(EXT)
DEPARTMENTAL SERVICES
CONSOLIDATED DATA CENTERS
INFORMATION TECHNOLOGY
EQUIPMENT

DATA PROCESSING

TOTAL (STANDARD 

 

740

1 .500
2.240

300
2.200
250
2.400
950
3,500

DCDODD

2.000
13.840

 

(3*17)

12.580 850
0 5.000
0 480
25,500 1 .500
38.030 7.830

5.100 440
37.400 3.500
4,250 250
40.000 3.200
15,150 700
7.700
15.550

DDCIDO

2.000
41 .470

 

 

(0'15)

12.750 890
75.000 2,500
7.200
22,500 1.500
117.450 4.890

5,600 490
52.500 1.800
3.750 250
48.000 2.360
10.500 2.000
115.500 5.100
237,750 100

00000
00000

30 .000
622,050

2.000
18,990

 

 



1.780 750
5.000

1.500
2,250

3.000
9,780

980 300
3.500 700
500 250
4.720 0
4.000 500
10.200 3.500
200


00000

4.000
37.980

2 .000
9,500

 

 

(H 

4,500
0

0
9.000
13.500

1 .300
4.200
.500
0
3.000
21 .000

000000

12,000
57,000

 

1.500
2,280

300
2.200
250
3.000
5.000
3,400



6,500

22,930

 



780

1 .500
2.280



32.390
80.000
7.200
51.500
181.090

14.700
99.900
10.250
95.520
38.650
209.600
237.950

@0000

86 .500
975.240

 

 

32.390
50.000
7.200
51.500
131,090
0
14:30
99.900
10.250
192.020
38.650
355.500
302,950
312.000
235.000
33.000
91,000
99.000
86.500
2,132,740

 

0000

50.000

10.000
50.000
5.000
73.000
8,000
596.000
9.000
257.000
171,000
100,000
40.000
10.000
10,000
1.339.000

 

lN-Ol

32.390
80.000
7.200
51.500
131.090

4.780
49.900
5.250
119.020
30.650
239.400
373.950
55.000
114.000
437.000
51.000
89.000
76.500
793,740

 

 

 

 

ALRB Attachment 

Summary of Costs for New Positions

 

Corresponds to 
on Attachment A

 

A 

 

Administrator 8.
Analyst 1 Attorney 4 ALRB TOTAL COMMENTS

 

STANDARD COMPLEMENT 

GENERAL EXPENSE:
Of?ce Exp. Supplies 740 740 850 3.400 4.140
OneTime 7.370 7.370 ?.050 28.200 35.570 Note: One-Time Setup costs are included for new positions
Legal ResearchIUpdate 0 5,000 20.000 20.000
Bar Dues 0 480 1.920 1,920
Personal Computer 1,500 1.500 1,500 6.000 7.500

TOTAL GENERAL EXPENSE 9,610 9.610 14.880 59,520 69,130

PRINTING 300 300 440 1,760 2.060
COMMUNICATION 2.200 2.200 3.500 14.000 16.200
POSTAGE 250 250 250 1,000 1.250
TRAVEL IN STATE 2.400 2.400 3.200 12.800 15.200
TRAINING 950 950 700 2.800 3,750
FACILITIES OPERATIONS 3.500 3.500 7.700 30.800 34.300
SVS (INT) 15.850 63,400 63.400
SVS (EXT)
DEPARTMENTAL SERVICES
CONSOLIDATED DATA CENTERS
INFORMATION TECHNOLOGY
EQUIPMENT

DATA PROCESSING 2.000 2.000 2.000 3,000 10.000
TOTAL 21.210 21.210 48,520 194,080 215,290

?3190 3030

00000
(30000
00000
(300000
000000

 

 

 

 

 

 

 

 

 

Summary of Total Costs for New Positions

 

PROPOSED ALRB BUDGET (2014-15)

SALARIES WAGES 4.851 4.851 6.216 24.864 356.580 Calculates salaries at midstep
STAFF BENEFITS 117.671 33% bene?t rate

TOTAL PERSONAL SERVICES 474.251
POSITIONS (ONGOING) 179.?20
POSITIONS (ONE-TIME) 35.570 Row 11 is broken out separater
TOTAL 215,290
TOTAL STATE OPERATIONS 689,541

Mewan 1.96an  e1oi

 

 

 

 

 

 

 

 

 

 

Agricultur Labor Relations Baard OFFICE OF THE I COUNSEL March 2014 A ,chment 

 

 

 

 

 

 

 

 

 

 

 

I I

Headquarters Administration

 

 

 

 

 

I
Saimas
Regional Of?ce

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 exasgae?a?
. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ei Centre
Regional Of?ce

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Agricultur- Labor Relations Board OFFICE OF THE I COUNSEL Proposed 15 1011111th 

 

 

 

 

 

 

 

 

 

 

Headquarters Administration

 

 

 

 

 

i
Saitnas
Regional Office

 

 

 

 

 

 

 

 

 

 

 

      

 

 

 

 

 

 

   
-'iResionar-Directon

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 



   

El Centro
Regionaf Of?ce

Oxnard
Regiona! Of?ce

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

 

 

 

 

ALRB Projections for Unstaffed Workload

Note: Projections do not include Elections

Attachment 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

 

 

   

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2013-14 2014~15
Average Total Hours Average Total Hours
Attorney Work How Steps $53273  .eer 321323.53? ?53233 Home Per 
.V. Actiwty A i .
Docketed Charges 70 25
Witness Identifications/Initial Contacts 70 4.0 280.0 25 4.0 100.0
Witness Interviews 200 3.0 600.0 300 3.0 900.0
Investigations 3 672.0 2016.0 3 672.0 2016.0
Legal Analysis and Recommendation 3 313.0 939.0 3 313.0 939.0
Meetings to Determine Action/Appropriate Remedy 70 5.0 350.0 25 5.0 125.0
Formal Complaint Filings with Board 4 8.0 32.0 6 8.0 48.0
Formal Hearing Requests 4 1.0 4.0 6 1.0 6.0
Pre?Hearing Conferences 4 16.0 64.0 8 16.0 128.0
Formal Exhibit and Witness Filings 0 0.0 0.0 4 30.0 120.0
Hearings (HearingNVitness Prep and Hearing Time 2 240.0 480.0 4 2035.0 8140.0
Post-Brief Hearing Submittals (4 Briefs) 0 0.0 0.0 4 100.0 400.0
Written Decision Preparations 0 0.0 0.0 0 0.0 0.0
Appeals 0 0.0 0.0 2 44.0 88.0
Total 13010.0
2013-14 2014-15 
Average Total Hours Average Total Hours
Fiele Examiner Work Flew Steve Attici?pba?i?d ?Keeper $139233 321331;?
ctivity A . . . .
Docketed Charges 70
Witness Identifications/Initial Contacts 70 4.0 280.0 25 4.0 100.0
Witness Interviews 200 3.0 600.0 200 3.0 600.0
Investigations 3 290.0 870.0 3 290.0 870.0
Legal Analysis and Recommendation 0 0.0 0.0 0 0.0 0.0
Meetings to Determine ActionlAppropriate Remedy 70 2.0 140.0 25 2.0 50.0
Formal Complaint Filings with Board 4 4.0 16.0 3 4.0 12.0
Formal Hearing Requests 0 0.0 0.0 0 0.0 0.0
Pre-Hearing Conferences 4 4.0 16.0 4 4.0 16.0
Formal Exhibit and Witness Filings 0 0.0 0.0 2 103.0 206.0
Hearings (Hearing/Witness Prep and Hearing Time 0 0.0 0.0 2 925.0 1850.0
Post-Brief Hearing Submittals (4 Briefs) 0 0.0 0.0 2 16.0 32.0
Written Decision Preparations 0 0.0 0.0 0 0.0 0.0
Appeals 0 0.0 0.0 1 16.0 16.0
Total

 

 

 

Fleet Vehicle Maintenance Costs

Attachment 

Kelly Blue Book Value

 

 

 

 

 

 

 

 

 

Mileage as of FY 2012/ July to . . .
(Fair Condition as of
Sept 2011 2013 Sept 2013 10/13/2013Econo me 16,957 m1 es $6 $0 (Odometer: 30,442)
Salinas Taurus 68 326 miles $2 302 surveyed 0" 2/25/14 $1 582
(Odometer 95,660) 
. Surveyed on 3/11/14 $909
Oxnard Taurus 101,432 miles $471 (Odometer 123,767]
Salinas Taurus . Surveyed on 8/9/13
1 2
69,646 miles 50 (Odometer99?276) $1,375
Visalia Taurus . Surveyed on 6/3/13
Ie 674
80?145 ml 5 (Odometer 113,569) SL375
Total $5,838 $981

 

 

 

Note: On average, each vehicle is driven 15,000 miles per year.

 

 

Attachment 

Price Comparison Between Outright Purchase and Weekly Lease

 

Outright Purchase

 

 

 

 

 

 

 

 

 

 

swear Estimated Estimated EStimat
Vehicle Estimated Service Plan Estimated 5- ed 10?
. 5?Year 10-Year
Type Cost* (One-time Maintenance?, Year TOTAL Maintenancy Year
Cost)* TOTAL
Car $24,443 $335 $5,000 $29,778 $10,000 $34,778
Truck $21,816 $400 $6,750 $28,966 $13,500 $35,716
SUV $29,595 $350 $5,500 $35,445 $11,000 $40,945

 

*Estimates are based on the average 2013 Contract pricing for the specified vehicle class

Estimated Service Maintenance Costs taken from True Cost to Own figures from Edmunds.c0m

 

 

 

 

 

Weekly Lease

Vehicle Estimated Annual Estimated 5?Year Estimated 10?


Type (DGS/Enterprise)* Lease Cost OTAL Year OTAL

Car $129 $6,723 $33,613 $67,226

Truck $308 $16,006 $80,028 $160,056

SUV $231 $12,004 $60,021 $120,042

 

 

 

 

 

 

*Estimates are based on the average 2013 Contract pricing for the speafied vehicle class per week

 

Cost Savings

 

 

 

 

Estimated 5?Year Estimated 5-Year Estimated 10-Year Estimated 10-
Vehicle Type Cost Savings (Raw Cost Savings Cost Savings (Raw Year Cost Savings
Dollars) (Percentage) Dollars) (Percentage)
Car $3,834 13% $32,448 93%
Truck $81,062 176% $124,340 348%
SUV $24,576 69% $79,097 193%

 

 

 

 

 

 

 

STATE OF CALIFORNIA

Budget Change Proposal - Cover Sheet
DF-46 (REV 09/14)

 

 

 

 

Fiscal Year . Business Unit Department Priority No
2015?16 7300 Agricultural Labor Relations Board 1

Budget Request Name Program Subprogram
5050, 5055, 9900

 

 

 

Budget Request Description
Board and General Counsel Program Support

 

Budget Request Summary

The Agricultural Labor Relations Board requests approximately $1.6 million General Fund and 18 positions'to

support and expand ALRB services to farmworkers, improve the timeliness of hearings, and increase efficiency
and accountability. -

 

 

Requires Legislation I . Code Section(s) to be Added/Amended/Repealed
Yes No
Does this BOP contain information technology (lT) Department CIO Date

cemponents? I: Yes No

If yes, departmental Chief Information Officer must sign.

 

 

 

For lT requests, specify the date a Special Project Report (SPR) or Feasibility Study Report (FSR) was
approved by the Department of Technology, or previously by the Department of Finance.

FSR [j SPR Project No, Date:

 

if proposal affects another department, does other department concur with proposal? Yes I: No
Attach comments of affected department, signed and dated by the department director or designee.

 

Ire/dWB/y/7 OJ Date Barret/Ted)  Date

 

 

   
 
 

 

 

 

 

i

 

STAT-E a: 

Budget Change Proposai - Cover Sheet

(REV 09/14)

gG?ieem?D 5 em.

 

Fiscal Year Business Unit

2015-16

 

Department

Agricultural Labor Relations Board

 

Priority No.

 

Budget Request Name

 

Program

Subprogram

 

 

Budget Request Description

 

Budget Request Summary

The Agricultural Labor Relations Board requests approximately $1.6 million General Fund and 13 positions to 
support and expand ALRB services to farmworkers, improve the timeliness of hearings, and increase efficiency

and accountability.

 

I Requires Legislation

Yes No

Code Section(s) to be Added/Amended/Repealed

 

Does this BCP contain information technology (lT)

END

components? Yes

if yes, departmental Chief Information Of?cer must sign.

Department CIO

 

 

Date

 

For lT requests, specify the date a Special Project Report (SPR) or Feasibility Study Report (FSR) was
approved by the Department of Technology, or previously by the Department of Finance.

:1 FSR SPR

Project No.

Date:

 

If proposal affects another department, does other department concur with proposal?

[1 Yes

Dido

Attach comments of affected department, signed and dated by the department director or designee.

 

spared 

Reviewed By

Date

 

 

meat Direct . 

. - .-

tr We We;
ep
I

 



   

 

 

Dat 
?/rs

ate



Agency. Secretary

 

 

Date

      

 

  

..133308:95- 

 

PPBA

'Date'submitted to th_e'Legi31ature 

 

 

Anaiysis of Problem

Budget Request Summary

The Agricultural Labor Relations Board (ALRB) requests a total of $1,627,000 General Fund,
including $874,000 for the General Counsel Program and $583,000 for the Board Program.
Specifically, the request includes 9 positions for the General Counsel Program to Support and
expand ALRB services in northern California and the desert region, and 8 positions for the Board
Program to hold evidentiary hearings and adjudicate disputes. Additionally, to increase efficiency
and improve operations, the request includes funding of $170,000 for a Chief of Administration to
support the operations of the Board and General Counsel.

BackgroundIHistory

The Agricultural Labor Relations Act (Act) was signed into law by Governor Jerry Brown in 1975 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 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.

As established in the Act, the ALRB operates as two independent 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.

0 The Office of the Board acts in a quasi-judicial capacity, reviews on appeal the interlocutory
motions in ongoing cases, reviews the record de novo of all cases appealed to the Board, and
defends the Board?s final decisions when review is sought in the Court-of Appeal. The Board also
promulgates regulations and policies necessary to implementing the Act and oversees the
conduct of representation elections through which farmworkers can choose whether or not to be
represented by a union.

The Act authorizes the Board to establish offices in other cities as it deems necessary. The ALRB
exercises jurisdiction over agricultural workers and employers, providing the collective bargaining
rights in California to farmworkers that were specifically exempted from the coverage of the National
Labor Relations Act (NLRA) in 1935.

Table 1: Resource History (Dollars in thousands)

 

Program Budget 2009-10 2010-11 2011-12 2012-13 2013-14 201445

 

Authorized

Expenditures 5189 5:024 5:015 5:490 6.007 8.297

 

 

 

 

 

 

 

 

 

 

 

Expenditures 4,315 4,393 5,055 5,480 5,082 8207*
Authorized

Positions 38.5 37.0 37.5 41.5 45.5 50.5
Filled Positions 34.2 32.9 32.8 35.7 43.7 505*

 

Estimated .

Table 2: Workload

Analysis of Problem

 

 

 

 

 

 

 

 

2010/11 2011/12 2012/13 2013/14

ULP Charges Filed 88 108 135 125
Complaints issued 5 3 16 20
ingress/?arr 4 5

Administrative Hearings '2 2 6 7

Board Decisions Issued 4 8 I 17 19
Admin Orders issued 15 19 51 48
I New Litigation I 1 1 7 12

 

 

 

 

 

 

 

State Level Considerations

The 800,000 California farmworkers, and farms and ranches on which they work, support a

$38.2 billion dollar per year industry in California. The industry is critical to the state economy and
an important part of the national economy. California outpaces all other states in the-nation as the 
largest food and agricultural economy, representing 11.8% of the United States total agricultural
economy in 2011, and producing nearly half of all the fruit, nuts, and vegetables grown in the United
States. The direct economic benefits and secondary economic benefits to the San Joaquin Valley,
upper Sacramento Valley, coastal counties, and Imperial, San Bernardino, Riverside and San Diego
counties are vital to these areas of the state.

In administering and enforcing the Act, the ALRB protects the rights of California farmworkers to
choose whether to be represented by a union and to be free to engage in concerted activities with
their fellow workers in order to improve their wages, benefits, hours, and other terms and conditions
of employment. Given the importance of agriculture to California, the nation?s economy, and
farmworkers, the public at large benefits from the ongoing stability of labor relations in agriculture.

Jus??ca?on
Office of the. General Counsel

The ALRB requests approximately $778,000 and nine positions (2 attorneys, 2 field examiners, 1
legal secretary, 2 senior legal typists and 2 staff services analysis) for the General Counsel Program
to staff two new regional offices to further increase efficiency and improve internal timelines to
benefit all stakeholders. These positions will help the ALRB address current workload demands,
improve the services to underserved areas, reduce travel for investigations, and track
workload data and program outcomes.

Analysis of Problem

a. Six Positions to Establish Two New Regional Office Locations

The ALRB seeks funding to open a Northern California and a Desert Regional Office. The
new offices would be located in these communities to expand access for farmworkers and
will enhance agency efficiency by reducing travel times for investigation of charges by
regional attorneys and field examiners. These new offices will enable easier access to ALRB
services for farmworkers.

The two new offices would be based on the model of the Oxnard Regional Office, which
opened in April 2012, with proposed staffing for the new Northern California and Desert
Regional Offices comparable to that of Oxnard. Specifically, the ALRB requests 3 positions (1
attorney, 1- field examiner and senior legal typist) for each new office, which 
believes represents the minimum staffing needed to initially establish an office. Offices are
intended to be co-located within existing state facilities in those areas. The Northern
California Office will be supervised and supported by the Salinas Regional Office, which has
served the northern California region and has the knowledge to ensure that the new
physical presence will be effective.

The ALRB positions its offices in locations that provide the widest access possible to its
stakeholders. While the goal is to locate offices in critical agricultural communities, the need
for ALRB services extends beyond the office location. ALRB staff are required to travel to
reach and serve stakeholders that are widely spread throughout California. ALRB

- investigations are often conducted inthe fields because travel to the regional offices can be
cost prohibitive for farmworkers. The use of fleet vehicles (versus personal mileage and/or
rental vehicle use) is the most cost~effective method of conducting mission?critical work. This

proposal requests one fleet vehicle in each new office. The total one-time cost for two
vehicles is $50,000.

b. Three Positions to Staff Existing Locations

The ALRB requests 2 staff services to support the Visalia and Salinas Regional
Offices and to track workload data and program outcomes. The will primarily be
responsible for collecting and analyzing workload data and will also provide additional
administrative support to each regional office. Analyst duties will include tabulation of
workload data to allow management to identify resource gaps and to allow the ALRB to
improve operational efficiency. The will identify and capture the information that
management and employees need to perform their daily tasks and manage workload,
including but not limited to, activity types; activity status and dates; activity location; assigned
resources; outreach efforts and locations; and generate reports for management. 

The ALRB requests 1 legal secretary for the Oxnard Regional Office. Currently, that office is
staffed with two attorneys, one field examiner and a part time Legal Secretary who is
contracted from and shared with the Department of Industrial Relations. A fuli time legal
secretary is necessary to format, file, and serve legal pleadings in multiplejurisdictions
(including superior and appellate courts); perform complex clerical work; and coordinate and
schedule court?related services for the Oxnard regional office.

Office ofthe Board

in recent years, the workload faced by the Board has increased dramatically, driven in large part by
additional resources received by the General Counsel and the regions to investigate and litigate ULP
complaints, which are ultimately appealed to the Board. The amount of litigation in the District

Analysis of Problem

Courts of Appeal and the Superior Courts related to Mandatory Mediation and Conciliation (MMC)
has also increased. This level of activity will continue such that the Board will need 2 Administrative
Law Judges (ALJs) and 1 Attorney IV position.

a. Two Limited~Term Administrative Law Judges (ALJs) to Address Hearing Workload

Timeliness of hearings and decisions are absolutely essential given the seasonal nature of
the agricultural workforce. Every case that comes before an ALJ is fact-specific and may be
unique in the complexity of the law involved. ALJ decisions are multifaceted, complex, and a
unique specialty in labor law. Cases can involve a few to thousands of employees, resulting
in numerous legal questions within a single case. Thus, the importance of having ALJs that
can focus and devote the time necessary to understand the development of law and policy
under both the Act and its regulations, as well as the applicable case law of the NLRA, is
critical to the mission of the ALRB.

The ALRB currently has 1.5 full time equivalent ALJs. The full-time judge is currently
assigned to Gerawan Farming, lnc. a consolidated
multiple-ULP Complaint and Election Objection matter that commenced hearing in the fall of
2014, and is expected to run through February 2015, after which the ALJ must issue a
decision. The Gerawan matter is expected to occupy this time through 2014?1 5 and
the majority of 2015-16. The .5 ALJ is assigned to Ace Tomato Company, l.nc., 
VIS. This-case, will be heard in January through February 2015 and will occupy the 
time fully through the rest of the fiscal year. For fiscal year 201546, the 1.5 judges will
continue to be working primarily on Gerawan and Ace. - 

For the current fiscal year, the General Counsel has requested ten additional hearings.
Based on the current pace of requests, the Board anticipates that the General Counsel is
likely to request another eight hearings for a total of 18 hearings in addition to those currently
scheduled for Gerawan and Ace. Based on current workload trends the Board projects the
General Counsel will request 12 hearings in 2015-16 and ongoing.

The Board requests 2 ALJs to address current hearing workload. Without these additional
ALJs the Board will effectively be unable to hold any additional hearings, beyond Gerawan
and Ace, in 2015?16. Given the variability in the workload, at this time the positions are being
requested as 2?year limited?term.

b. One Limited~Term Attorney iv to Address Litigation Workload

In recent years, parties before the Board have become increasingly litigious and petitions for
review of Board decisions have become increasingly common, significantly increasing the
Board Counsel?s workload. These cases often involve complex legal issues that require
extensive research and briefing, case records that may be tens of thousands of pages long,
and petitioning parties represented by law firms staffed with multiple attorneys. Board
counsel are required to handle these matters, which must be completed within deadlines set
by the courts, while simultaneously handling their regular case load of matters pending
before the Board, many of which have their own deadlines set by statute.

To address the increased state and federai court litigation workload, in January 2014 the
Labor and Workforce Development Agency temporarily redirected resources to provide and
Attorney iv to the ALRB to oversee, coordinate, and assist Board Counsel and attorneys
assigned from the Office of the Attorney General. The ALRB requests position authority and
funding to establish this Attorney lV position as a 2?year limited?term position as additional
workload documentation can be compiled to support the ongoing need for this position.

Analysis of Problem

The primary responsibility of the Attorney IV will continue to be appellate work where the
position will represent the Board in the most sensitive and complex matters, including:
petitions for review of Board decisions, injunction, Writ, or enforcement proceedings, and
regulatory, jurisdictional, or statutory challenges. Additional responsibilities will include
tracking and reviewing proposed legislation, and developing regulations in response to new
legislation, evolving legal practices, or Board policy. The Board anticipates developing
regulations in 2015 on electronic filing and other issues. The Attorney IV will also support the

Executive Secretary in coordinating Board direction on major policy and procedural
issues, in legal administrative duties related to updating the election manual and providing
election advice to the regions, overseeing compliance with reporting requirements of the
Agricultural Employees Relief Fund, in responding to public and legislative inquiries, and
providing support for Board meetings.

Administrative Oversight

. To support the operational needs of the Board and the General Counsel the ALRB requires a Chief
of Administration to oversee budgeting, accounting, procurement, business services, personnel, and
information technology activities. Given the recent budgetary and staff growth of the ALRB,
additional high-level administrative oversightis critically needed. -

a. - One Chief of Administration to Perform Administrative Oversight

The Chief of Administration will serve as the primary liaison between the ALRB and control
agencies and provide leadership to develop and implement policies and procedures overall
financial and operational activities performed by the Administrative Unit.

A recent audit by the Office of State Audits and Evaluations identified the need for improved
internal controls and oversight of administrative activities within the ALRB. Government
Code ?13402 requires departments to be responsible for the establishment and maintenance
of systems of internal accounting, administrative control, and effective,'independent, and
objective ongoing monitoring of the internal accounting and administrative controls within
their agencies. Appropriate administrative controls and monitoring ensure the safeguard of
state resources, improve the accuracy and reliability of accounting data, promote operational
efficiency, and ensure adherence to state laws, regulations, and administrative policies.

Outcomes and. Accountability (Provide summary of expected outcomes associated with Budget
Request.) 

This proposal will allow the ALRB to carry out its statutory duties to encourage and protect the rights-
of farmworkers. The additional staff will allow the ALRB to have a broader presence and reach
greater numbers of agricultural workers in underserved areas, increase the efficiency and
accountability of the ALRBs operations through increased tracking of workload and outcomes,
conduct more investigations more quickly, and conduct more hearings and bring conclusion to
violations of worker rights more quickly.

Analysis of Ali Feasible Alternatives
1. Do Nothing
a. Pro: No additional General Fund resource would be required.

b. Con: This alternative will negatively impact the farmworker Community and jeopardize the
to uphold the Act. The ALRB will not be able to sustain the increased workioad

3.

Analysis of Problem

and there will be increasing delays in investigating, prosecuting charges, and issuing hearing
decisions. Such delays will have a deleterious effect on agricultural labor relations.

Refer Work to Outside Agencies
a. Pro: Referring work to outside agencies will not increase staffing at the ALRB.

b. Con: Individuals not familiar with the Act Will require additional time and effort to investigate,
litigate, and hear cases, and the increased cost would need to be reflected in the ALRB budget.
This alternative also does not bring ALRB services to remote agricultural regions.

Approve the Proposal

a. Pro: Approval of the proposal would expand ALRB services to farmworkers in the northern
and southern parts of California that currently lack access. New regional offices and additional
staff will allow the ALRB to be more efficient in working through increased case work and
litigation, cut down on travel time and costs associated with investigations and hearings, and
issue decisions in a timely manner.

b. Con: increased cost from the General Fund.

implementation Plan

Begin the hiring process as soon as possible.

Supplemental Information

None."

Implementation Plan

Approve as requested, a total of 13 positions and $1,627,000 General Fund in 2015-16 and
$1,577,000 in 2016-17 to support and expand ALRB services to farmworkers, to improve the
timeliness of hearings, and to increase efficiency and accountability.

 

ALRB Budget Change Proposal FY 2015/16 ATTACHMENT 1

AgriculturalLabor-byRegion (2012)

 

 

 

 

 

 

 

 

 

. . .. Number of 0f Hired Farm
Rgg'on ALRB Of?pe Farms Laborers Laborers

San Joaquin Valley Visalia/Fresno 13,022 199,938 42.4%
South Coast Oxnard 8,888 88,143 18.7%
Central Coast Salinas 2,222 88,558 14.1%
Sacramento Valley Northern CA 6,135 54,219 11.5%
North Coast Northern CA 3,938 38,108 7.7%
Desert Desert Region 2,042 26,458 5.6%

Total 471,420 - 100%

 

 

 

 

 

 

Source: US. Department of Agriculture Census, 2012

Caiifornia Agricultural Regions by County:

SAN VALLEY: Alpine Amador, Calaveras, Fresno, lnyo, Kern, Kings, Madera, Mariposa,
Merced, Mono, San Joaquin, Stanislaus, Tulare, Tuoiumne .

SOUTH COAST: Los Angeles, Orange, San Diego, San Luis Obispo, Santa Barbara Venture

CENTRAL COAST: Alameda, Contra Costa, Mo'nterey, San Benito, San Francisco, San Mateo, Santa
Clara, Santa Cruz

SACRAMENTO VALLEY: Butte, Colusa, El Dorado, Glenn, Lassen, Modoc, Nevada, Placer, Piumas,
Sacramento, Shasta, Sierra, Siskiyou, Solano, Sutter, Tehama, Yoio, Yuba

NORTH COAST: Del Norte Humboldt, Lake, Mari-n, Mendocino, Napa, Sonoma, Trinity

DESERT: Imperial Riverside, San Bernardino

DRAFT


Chief, Division of Administrative Services
Agricultural Labor Relations Board

Career Executive Assignment (CEA)
Level 

Under the direction of the Secretary of the Labor and Workforce Development Agency
(LWDA) the Chief, Division of Administrative Services is responsible for providing,
. leadership and oversight to the statewide support services within the ALRB. This
includes planning, organizing and direction the functions of Fiscal Services, Business .
Services, Human Resources, Information Technology and Policy Development and
Management. These responsibilities have a direct impact on the formulation of
departmental fiscal policies, executive decision making, program effectiveness and
quality of services provided to the public. Plan, organize, and direct the work of
multidisciplinary professional and administrative staff; analyze administrative policies,
organization, procedures and practices; integrate the activities of a diverse program to
attain common goals; gain the confidence and support of top level administrators and
advise them on a wide range of administrative matters; develop cooperative working
relationships with representatives of all levels of government, the public, and the 
Legislature and the two branches with analyze complex problems and
recommend effective courses of action; and prepare and review reports; and effectively
contribute to the department's or agency's Equal Employment Opportunity objectives

Essential Functions/Typical Duties I

Performs high level administrative and major policy-influencing functions effectively,
including knowledge of the regulations, laws, rules and statute application/promulgation
processes, and develop and maintain positive cooperative relationships with a wide
variety of customers and stakeholders. - -

Establishes departmental policies, procedures, and processes to manage the
administrative operations of the including an executive's role for contributing to
and achieving an equal employment opportunity workplace 

Formulates departmental rules, regulations, and policies and procedures for areas
under the Chiefs span of control. Executes, signs, and approves orders, notices, and all
administrative documents on behalf of the ALRB Chairman and General Counsel and
as delegated-by LWDA.

Confers with ALRB Chairman and General Counsel and all executive levels of
management within the ALRB and officials of other governmental agencies in the
delivery of departmental services programs.

DRAFT
Provides advice and-consultation togthe ALRB Chairmanand General .a?ll
oh policy and programmatic issues which impaCt'the

administrative services and resources {of the 

Represents-?ne department-with? the" Legislature, Department cit-Finance, and other
control-agencies as they and administrative operations of the ALRB.

Plans, organizes, and directs multidisciplinary staff. Responsible for analyzing complex
program issuesat an exactltive levelto recommend, develop, and implement effective
ocurses ofaction;make independent, sound, ethical deCiSions regarding highly
sensitive matters; and maintain Confidentiality using cdllaborative, evidence-based
processes. 

Responsible for knowledge of principles, practices, and trends inpublic administration,
organization, and management techniques of organizing, program development and
evaluation; methods of administrative problem solving; principles and practices of policy
formulation and development. 

Communicates effectively at the executive level of the ALRB and with Agency Secretary
and Undersecretaries, Legislators, community leaders, advocate groups, unions and
other entities.

BCP Fiscal Detail Sheet

 

 

 

 

BOP Title: Hearing Resources and Regional Office Expansion DP Name: 7300-001-BCP-DP-2015-GB
Budget Request Summary FY15
CY BY 
Positions - Permanent 00 10.0 10.0 10.0 10.0 10.0
Positions - Temporary 00 3.0 3.0 - - -
Total Positions 0.0 13.0 13.0 10.0 10.0 10.0
Salaries and Wages
Earnings - Permanent 0 888 888 558 558 558
Total Salaries and Wages $0 $888 $888 $556 $558 $555
Total Staff Benefits 0 381 381 255 255 255
Total Personal Services $0 $1,269 $1,269 $811 $811 $811

Operating Expenses and Equipment

 

 

 

 

5301 - General Expense '0 as as 55 as as

5302 Printing 0 5 5 5 5 5

5304 - Communications 5320 - Travel: in-State 0 2? 2? 18 27 27

5322 - Training 0 18 18 15 18 18

5324 Facilities Operation 0 118 118 94 118 118

5340 - Consulting and Professional Services - 0 80 80 32 80 80

5342 - Departmental Services 0 -57 -57 

5362 - Capital Asset Purchases - Equipment 0 50 0 0 0 . 

Total Operating Expenses and Equipment $0 $358 $308 $134 $184 $184

Total Budget Request $0 $1,627 $1,577 $995 $995 $995

Fund Summary
Fund Source - State Operations

0001 - General Fund 0 1,62? 1,57? 995 995 995

Total State Operations Expenditures $0 $1,527 $1,577 $995 $995 $995

Total All Funds $0 $1,627 $1,577 $995 $995 $995

Program Summary

Program Funding 

6050 - Board Administration 0 850 550 68 68 58

5055 General Counsel Administration 0 92? 927 927 927

9900100 Administration 0 170 170 170 170 1?0

9900200 Administration: Distributed 0 -170 ?170 -1?0 ~170 -1?0

 

Total All Programs $0 $1,627 $1,577 $995 $995 $895

BCP Title: Hearing Resources and Regional Office Expansion

Personal Services Details

Pos?ons
1282
3224
5157
5778
5780
80?3
T500
9518

Salary Information

 

Total Positions

Salaries and Wages

1282
3224
5157
5778
5780
0073
7500
9518

Total Salaries and Wages

Staff Bene?ts

Total Staff Benefits
Total Personal Services

DP Name: 7300-001-BCP-DP-2015-GB

 

44v

 

 

 

Min. Mid Max 
LegalSedw 0Legal Typist 0.0 2.0 2.0 2.0 2.0 2.0
Staff Analyst (Gen) 00 2.0 2.0 2.0 2.0 2.0
Atty 0.0 2.0 2.0 2.0 2.0 2.0
Atty lV (LT Term Exp. 08?30201Hearing Of?cer ll (LT Term Exp. 08-30-C.E.A.-B 0.0 1.0 1.0 1.0 1.0 1.0
Ficl Examiner 0.0 2.0 2.0 2.0 2.0 2.0
0.0 13.0 13.0 10.0 10.0 10.0
CY BY 
Legal Secty 0 44 44 44 44
Sr Legal Typist 0 Y3 73 73 73 ?3
Staff Analyst (GenAtty 0 150 150 150 150 150
Atty IV (LT Term Exp. 08-30-2017Hearing Of?cer II (LT Term Exp. 05-30- 0 216 216 - -
-C.E.A.-B 0 113 113 113 113 113
Examineri $888 $888 $555 $558 $556
5150350 - Health and Welfare Insurance $381 $331 $255 $255 $255
$0 $1,268 $1,260 $811 $811 $811

*Data by Classification not avaitable at this time.