Last week, Governor Jerry Brown signed AB 359 (Gonzalez) that will impose a worker retention requirement when there has been a change in ownership or control of grocery establishments. In general, the bill will require the successor grocery employer to retain eligible grocery workers for a 90-day period. After that period expires, the successor grocery employer will be required successor employer will be required to make a written performance evaluation for each eligible grocery worker retained. If the eligible grocery worker’s performance during the 90-day transition employment period is satisfactory, the successor grocery employer must “consider offering the eligible grocery worker continued employment” under the terms and conditions established by the successor grocery employer and as required by law.Sponsored by the Community Food and Justice Coalition, Roots of Change, and United Food and Commercial Workers Western States Council, the bill is obviously intended to benefit unions. The federal “successor employer” doctrine that imposes a duty on successor employers to recognize and bargain with unions when they hire a majority of the former employer’s employees to conduct the same business.The bill also imposes notice and record keeping requirements and expressly renounces preemption of local ordinances that provide equal or greater protection to eligible grocery workers. According to the bill… Read full this story
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