California Labor Code 1149.3 – (a) In cases that the board is required to determine the …
(a) In cases that the board is required to determine the specific amount of a monetary remedy before issuing a final board order pursuant to Section 1160.3, the determination shall be completed within one year of any board order finding unfair labor practice liability and directing the payment of a monetary remedy.
(b) In cases that a determination is made concerning the amount of a monetary remedy that is continuing to accrue as described in Section 1160.3, and the board is required to determine any additional portion of the monetary remedy that has accrued after a final decision on employer liability, the board shall process to final board order a decision concerning the additional amount or amounts owed within one year of a final decision on employer liability, unless the board certifies to the parties that there is good cause for exceeding this time limit and provides a reasoned explanation for the assertion of good cause. For purposes of this subdivision, “final decision on employer liability” means the date when a board order determining the specific amount of a monetary remedy owed by a respondent found to have engaged in an unfair labor practice becomes final because no appeal was sought or the date when a reviewing court dismisses an employer’s appeal or otherwise affirms the board’s order.
Terms Used In California Labor Code 1149.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- board: means Agricultural Labor Relations Board. See California Labor Code 1140.4
- unfair labor practice: means any unfair labor practice specified in Chapter 4 (commencing with Section 1153) of this part. See California Labor Code 1140.4
(c) If an employer’s liability and compliance proceedings are consolidated, the board shall act reasonably and without delay in reaching a final decision concerning the liability and amounts owed to workers, and shall explain to the parties any good cause for delay.
(Amended by Stats. 2023, Ch. 7, Sec. 3. (AB 113) Effective May 15, 2023.)