This content outlines key labor laws in California, focusing on farmworker rights, unionization processes, and protections against discrimination, highlighting the evolution and limitations of these legal frameworks.
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all right labor unions
uh the california ag labor relations act
of 1975 provides farm workers the
ability to unionize i've already told
you that previously
but it required secret ballot elections
to avoid intimidation
that was a huge step now you can vote in
secret before you had to vote out in the
open which opened you up to retaliation
by both sides whichever way you
voted if you voted against the union you
could be intimidated by the union if you
voted for the union you could be
intimidated by the uh the um
um anti-union
anti-union uh
uh people
people
card check was which is part of the
national labor relations act of 1935
was used to unionize in 1975
prior to 1975 so card check like its
name implies is a vote on a card
with your name
right out in the open everybody knows
how you voted
card check is not secret and therefore
intimidation is
not only possible
it happened a lot
people would get intimidated
through fear through overt acts people
would get beat up
all kinds of bad things
have happened over the years with labor
card check system was approved in
california legislature but vetoed by
arnold schwarzenegger
he said no this card check system
doesn't make sense he doesn't want to
bring back
the potential for intimidation by having
a card check system
after jerry brown vetoed card check in 2011
2011
he approved card check in another bill
in october of 2011
but only as a remedy
uh if an investigation shows that an
employer has demonstrated unfair labor practices
practices intimidation
intimidation uh
uh
coercion that renders unlikely the possibility
possibility
of a valid secret
in other words
if the secret ballot which is the law of
the land here in california the secret ballot
ballot
appears to have been
manipulated in some way through
intimidation or unfair practices if
there's something went on and
it doesn't look like that ballot
was valid
then card check
now legally can be
brought into play so that people who
want to stand up and say yes union
no union they can do it but they have to
do it publicly only if there is some
sort of
problem and to my knowledge there have
been no test cases and we have never had
card check used since october of 2011
uh till today i don't think it there has
been could have slipped under the radar
that i didn't see but
fair employment and housing act in
california provides minimum wage standards
standards
rules for overtime pay now yes greater
than 10 hours per day in agriculture
is the way it used to be but
please note that it is now over eight hours
hours
as of 2020 that just finished phasing in
completely from 2016 to 2020 so now it
officially is eight hours not 10 as it
says here on the slide unless
you're in a union that negotiated for
overtime after 10 hours which is fine if
you have a union contract this still
holds true with a lot of union contracts
meal periods are guaranteed rest periods
are guaranteed
and certain provisions for access to
cool clean fresh water
bathrooms sanitary facilities
to wash your hands shade
during breaks and meals etc
the equal opportunity employment act of 1972
1972
is designed to ensure fair treatment to
all segments of society
without regard to race religion color
national origin or sex
and you might ask yourself what the heck
we had the uh
civil rights act of 1957
another civil rights act to make
uh tons of discriminatory practices
illegal in
1964 i think it was and here it is eight
years later we still need to patch
things up and create stronger rules because
equal opportunity
is not
always the reality uh
uh fairness
fairness
the lack of prejudice
and bias against people because of who
they are
color of their skin
on the books
all of the discriminatory practices are illegal
illegal
in reality
it still happens all the time
so in 1972 it was a shorter list in 1995
i think this must still be president
clinton it was amended to have uh 14 grounds
grounds
not only physical impairment you're
you're
have some sort of disability your
marital status political beliefs or
activities your race religion sex
societal status is a person age role in
business dealings lawful sexual activity
physical features pregnancy position or
past positions held as employment and
association with any person who was
identified by reference to any of the 13
other listed grounds
trying to catch it all and we still
can't catch it all
what if somebody's
how transgender which is a big topic recently
recently
um to which i say give me a break
we're all human
you shouldn't be able to discriminate
for any of these things
even if it isn't explicitly listed in
in
the law
so that's just the beginning
in labor law
but these are the things that jim bogart
thought were
in his guest lecture before he retired so
so
another module
and these videos will be right here once
i'm done
instructor outline notes on jim bogart
labor law so this again
is my own personal outline when i was
watching him
deliver his speech now i created the
powerpoint based on this outline
so this is not his powerpoint that you
just saw the only thing that was his was
the first slide that showed grower
shipper association and
and
that list of i don't know 20 30 different
different labor
labor
and employment related laws
laws
but this is there for you to help study
you know it's just a word document
um and then you've got a summary paper
to do on this with two
powerpoint files so in assignments
like all of your summaries i want a
two-page minimum there is some overlap
but you're going to do it on both the
powerpoint files the first genera
generic labor law
powerpoint plus jim bogart the former
and that is it
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