FIFTH TO BEGIN WE HAVE TO
COLLEAGUES WHO WILL BE JOINING
US SHORTLY SO I AM GOING TO.
MAKE THE REGULAR COMMENTS THAT
WE MAKE- AS THE SENATE COMMITTEE
ON RULES WILL COME TO ORDER.
GOOD AFTERNOON I'M GONNA MAKE
SEVERAL ANNOUNCEMENTS TODAY TO
EXPLAIN THE PROCESSES WE'VE
DEVELOPED TO CONTINUE OUR
ESSENTIAL WORK. DURING THE
PANDEMIC. AND FOR THOSE OF YOU
FAMILIAR WITH THIS PROCESS WE
APPRECIATE YOUR PATIENCE WHILE
WE GO THROUGH IT AGAIN FOR THOSE
TUNING IN FOR THE FIRST TIME. SO
MANY COVER THE TECHNICAL SIDE OF
THINGS FOR TODAY. IN RESPONSE TO
THE CODE NINETEEN EMERGENCY TO
PROTECT THE PUBLIC SENATORS AND
SENATE STAFF. WE MUST LIMIT
NONESSENTIAL GATHERING TONIGHT
HERE TO SOCIAL DISTANCING. IN
COMPLIANCE WITH STATE AND LOCAL
ORDERS THE SENATE WILL BE
HOLDING THIS ESSENTIAL HEARING.
AND WE'VE MADE NECESSARY
ADJUSTMENTS TO NORMAL PRACTICES
IN ORDER TO ENSURE. THAT OUR
PUBLIC HAS ACCESS TO OUR
LEGISLATIVE PROCESS WHILE
CONDUCTING THE HEARING ON A WAY
TO PROTECT THE HEALTH. AND THE
SAFETY OF THE PUBLIC AND OUR
EMPLOYEES. TO ALLOW- PUBLIC
ACCESS WE'VE ADMITTED MEMBERS OF
THE PUBLIC TO THIS HEARING. TO
THE EXTENT THAT SOCIAL
DISTANCING REQUIREMENTS ALLOW
AND WE WILL BE USING A
TELECONFERENCE SERVICE FOR THOSE
INDIVIDUALS WHO WISH TO TESTIFY
TODAY. FOR INDIVIDUALS WISHING
TO PROVIDE PUBLIC COMMENT THE
PARTICIPANT TOLL FREE NUMBER AND
ACCESS CODE IS POSTED ON OUR
COMMITTEE WEBSITE. AND IT WILL
BE DISPLAYED ON THE SCREEN-
TODAY'S PARTICIPANT NUMBER IS
EIGHT SEVEN SEVEN. WO TWO SIX
EIGHT ONE SIX THREE. THE ACCESS
CODE IS. SEVEN THREE SIX TWO
EIGHT THREE THREE SO LET ME
REPEAT IT AGAIN. THE NUMBER IS
EIGHT SEVEN SEVEN TWO TWO SIX
EIGHT ONE SIX THREE. THE ACCESS
CODE IS SEVEN THREE SIX TWO
EIGHT THREE THREE. WE'LL PUT
THIS UP ON A COUPLE OF TIMES
BEFORE WE GO TO THE
TELECONFERENCE OF PEOPLE HAVE
THE INFORMATION AGAIN. WHEN WE
DO MOVE TO PUBLIC COMMENT A
MODERATOR WILL IDENTIFY YOU
INDIVIDUALLY OPEN YOUR LINE AND
AT THAT TIME YOU MAY ADDRESS THE
COMMITTEE. PLEASE NOTE THAT IN
ORDER FOR US TO HEAR YOU CLEARLY
AND TO AVOID ANY FEEDBACK YOU
ABSOLUTELY MUST MUTE THE DEVICE
THAT YOU ARE WATCHING THIS
HEARING ON PRIOR TO GIVING YOUR
TESTIMONY OVER THE PHONE. IT'S
IMPORTANT WE HEAR FROM YOU SO WE
THANK YOU FOR YOUR FOLLOWING
THOSE GUIDELINES AND FOR YOUR
PATIENCE. I WILL MAINTAIN
DECORUM DURING THE HEARING AS IS
CUSTOMARY IN ANY INDIVIDUALS WHO
ARE DISRUPTIVE MAY BE REMOVED
FROM THE REMOTE MEETING SERVICE
ARE HAVE THEIR CONNECTIONS MUTED
. WHILE EVERY EFFORT HAS BEEN
MADE TO STREAMLINE THE HEARING
PROCESS AND CONDUCT OUR HEARINGS
IN THIS CLOSE. TO THE SAME
MANNER AS IS CUSTOMARY THERE MAY
BE SOME LAG TIMES WORK
PARTICIPANTS ADJUSTING TO OUR
NEW ONLINE. WELL NOT SO NEW
ANYMORE BUT OUR ONLINE TOOLS. SO
AGAIN BE PATIENT SO WE CAN ALL
BE HEARD. ALSO ON BEHALF OF OUR
INCREDIBLE COURT REPORTER. I'M
GOING TO ASK ALL SPEAKERS
COLLEAGUES IN WITNESSES ALIKE TO
SPEAK SLOWLY AND CLEARLY. AND
FORGIVE ME IN ADVANCE IF I HAVE
TO INTERRUPT YOU TO SLOW YOU
DOWN OR HAVE YOU REPEAT
SOMETHING IT IS ALL SO THAT WE
CAN GET YOUR TEST. SO ARE WE
NEED TO BEGIN TODAY'S AGENDA AND
TO DO THAT WE HAVE TO ESTABLISH
A QUORUM. LET ME JUST- IN
ADVANCE SAY WE'VE GOT TO MEMBERS
WHO WILL BE JOINING US SHORTLY.
WE HAVE ONE COLLEAGUE WHO HAS
ANOTHER COMMITTEE MEETING GOING
ON AT THE VERY SAME TOM. AND SO
HE MAY HAVE TO COME AND GO BUT-
WILL ORGANIZE THIS IN A SUCH A
WAY AS WE CAN ACCOMMODATE. ALL
OF THOSE ISSUES AND WITH THAT.
KIND OF SECRETARY WE PLEASE CALL
OUR ROLE. KAMLAGER PRESENT. I'M
LONGER PRESENT LAYERED HERE
LAYERED HERE. BATES ATKINS HERE
ATKINS HERE. THANK YOU MADAM
SECRETARY WE HAVE ESTABLISHED A
QUORUM BUT LET ME JUST SAY
AGAIN- THE VICE CHAIR SENATOR
BATES SHOULD BE HERE
MOMENTARILY. AS SHOULD SENATOR
GROW. UP I AM GOING TO- FOR GO
DO ONE. OUT WELL. LET'S SEE. I'M
GONNA I WILL GO AHEAD AND PUT A
MOTION ON THE FLOOR AND I HAVE
TO SEPARATE A FEW ITEMS OUT. SO
LET ME GO TO ITEM TWO GOVERNOR'S
APPOINTEES WHO ARE NOT REQUIRED
TO APPEAR AND TELL YOU HOW I
WOULD LIKE TO MOTION. IF YOU
COULD- IF ONE OF MY COLLEAGUES
COULD MAKE A MOTION. ON ITEM TO
C. D. N. P. THESE ARE
APPOINTMENTS TO THE MEMBER
COMMISSION ON TEACHER
CREDENTIALING. THOSE THREE AND
THEN- ALL ASK FOR A SECOND
MOTION ON ITEM NUMBER TWO WITH.
ARE STILL. CD THANK YOU SO MUCH
SENATOR LAYERED ARE MOVING ITEM
TO C. D. N. E. R. MADAM.
SECRETARY WILL YOU CALL THE
ROLL. GROVE KAMLAGER HI KAMLAGER
I LAYERED HI THERE I BATES
ATKINS HI ATKINS I ON CALL THAT
IS THREE AREN'T WE WILL LEAVE
THAT OPEN AND- WE WILL MOVE TO-
ITEM TO EAT WHICH IS ANOTHER
MEMBER COMMISSION ON TEACHER
CREDENTIALING. SOMEONE TO F. TWO
F. THANK YOU US SENATOR COM
LAGER MADAM SECRETARY WE CALL
THE ROLL. ROVE KAMLAGER YES
MARDER II LAYERED HI THERE I
BATES ATKINS FIVE PACKED INSIDE
THREE THANK YOU AND THAT IS
THREE SO FAR WE WILL LEAVE THE
ROLE OPEN. LET ME ASK IF I CAN
HAVE A MOTION ON ITEM- BILL
REFERRALS THAT IS ITEM THREE. SO
MOVE THANK YOU SENATOR LAYERED
MADAM SECRETARY WE CALL THE ROLL
. GROVE KAMLAGER HI I'M LONGER
I'D LAYERED HI LAYERED I BATES
ATKINS AYE ATKINS AYE. OKAY THAT
HAS THREE VOTES WE WILL AGAIN
LEAVE THE ROLE OPEN FOR OUR
COLLEAGUES WHEN THEY GET HERE-
SO IF WE WILL GO AHEAD NOW AND
TURN TO GOVERNOR'S APPOINTEES
WHO ARE REQUIRED TO APPEAR. ITEM
ONE HEY AND THAT IS THE
APPOINTMENT OF MR WEAH L.
MONTGOMERY. JD AS GENERAL
COUNSEL TO THE AGRICULTURAL
LABOR RELATIONS BOARD SO- MISS
MCGOVERN THANK YOU SO MUCH FOR
YOUR PATIENCE. AND IF YOU WOULD
LIKE TO GO AHEAD AND INTRODUCE
YOURSELF AND ANYONE WITH YOU
THAT YOU WOULD LIKE TO
ACKNOWLEDGE WE WELCOME THOSE
INTRODUCTIONS AND THEN- YES
AFTER YOU'VE MADE YOUR OPENING
COMMENTS ANY THAT YOU WOULD LIKE
TO MAKE. I WILL GO TO MY
COLLEAGUES FOR QUESTIONS AND
COMMENTS AND I WILL SAY THIS I
KNOW THAT I HAVE TO COLLEAGUES
THAT ARE NOT HERE ONE OF THEM
THAT WILL HAVE COMMENTS AND
QUESTIONS. SO JUST COULDN'T THAT
ON THEIR RECORD FOR YOU TO BE
PREPARED. AND A GOOD WE ARE JUST
GETTING STARTED SO- SO YOU HAVE
NOT MISSED ANYTHING OUR- US
SENATOR SO LET ME GO AHEAD AND
START- SO WELL LET ME WELCOME
YOU AND HAVE YOU MAKE SOME
INTRODUCTORY REMARKS WELCOME.
THANK YOU MADAM FOR TIME AND
HELLO TO ALL OF YOU HAVEN'T
SENATORS AT IT'S A PLEASURE TO
BE HERE MY NAME IS JULIA
MONTGOMERY AND I AM. HAVE BEEN
SERVING AS THE GENERAL COUNSEL
AT THE AGRICULTURAL LABOR
RELATIONS BOARD- IN SEEKING
REAPPOINTMENT CHEN DOT PHYSICIAN
. AND WITH ME TODAY ARE AT LEAST
JOINING ONLINE. ARE MY HUSBAND
THOMAS BOUGHT MY PARENTS FRAN IN
JIM MONTGOMERY AS WELL AS MY IN
LAWS MARIA AND TOM OXIDE THANK
THEM FOR BEING HERE TODAY IN
SUPPORT. DID YOU IF YOU-
ABSOLUTELY IT'S GOOD THAT YOU
RECOGNIZE IT'S WONDERFUL ALL OF
THOSE FOLKS COULD JOIN YOU
TODAY- REMOTELY- DO YOU WANT TO
MAKE SOME FURTHER INTRODUCTORY
COMMENTS BEFORE WE GO TO
QUESTIONS AND COMMENTS FROM MY
COLLEAGUES. YES THANK YOU. I
THANK YOU VERY MUCH FOR
CONSIDERING MY REAPPOINTMENT AS
GENERAL COUNSEL AT THE
AGRICULTURAL LABOR RELATIONS
BOARD. IT IS TRULY AN HONOR TO
BE SITTING BEFORE ALL O YOU
ONCE AGAIN. AND IT HAS BEEN A
PRIVILEGE TO WORK AS GENERAL
COUNSEL. THE GATHERWITH ARB
STAFF IN OUR FIVE OFFICES
LOCATED IN MAJOR AGRICULTURAL
REGIONS THROUGHOUT THE STATE TO
PROVIDE RESOURCES SUPPORT AND
HIGH QUALITY WORK TO HELP
ENFORCE THE SAFEGUARD THE RIGHTS
FARM WORKERS UNIONS AND
EMPLOYERS UNDER THE AGRICULTURAL
LABOR RELATIONS ACT. THROUGH MY
WORK AT THE LRB I'VE BEEN ABLE
TO CONTINUE MY COMMITMENT TO
PUBLIC SERVICE A DECISION I MADE
AT AN EARLY AGE. RAISED BY
PARENTS WITH CAREERS IN SOCIAL
WORK AND PUBLIC HEALTH I WAS
TAUGHT THE IMPORTANCE OF PUBLIC
SERVICE AND HELPING OTHERS FROM
A YOUNG AGE. WHILE IN HIGH
SCHOOL A TRIP TO TIJUANA MEXICO
TO BUILD HOUSES FOR FAMILIES.
FACING POVERTY UNLIKE ANY I'D
EVER SEEN. IGNITED A SPARK
INSIDE OF ME WHICH LED ME TO
ATTEND LAW SCHOOL SOME YEARS
LATER AND WORK FOR OVER TWO
DECADES TOWARD IMPROVING LIVING
AND WORKING CONDITIONS FOR
FARMWORKERS AND OTHER LOW INCOME
PEOPLE IN CALIFORNIA. AND THEN
OF COURSE TRANSITIONING TO- Q.
SERVICE FOR THE STATE OF
CALIFORNIA. THROUGHOUT MY CAREER
I'VE SEEN THE BENEFITS OF
COLLABORATING WITH COMMUNITY
PARTNERS IN AGRICULTURAL
COMMUNITIES INCLUDING EMPLOYERS
NONPROFIT ORGANIZATIONS AND
UNIONS. AND HAVE SEEN FASTER AND
BETTER OUTCOMES FOR STAKEHOLDERS
WHEN SUCH RELATIONSHIPS ARE
POSSIBLE. WORKING AT THE LRB
DURING THE PAST FIVE AND A HALF
YEARS HAS BEEN ESPECIALLY
MEANINGFUL AS I HAVE HELP TO
SUPPORT FARMWORKERS AND
ADVOCATING FOR IMPROVEMENTS TO
THEIR OWN WORKING CONDITIONS AND
FINDING SOLUTIONS TO ACHIEVE
BETTER LABOR RELATIONS AMONG
WORKERS EMPLOYERS AND UNIONS TO
STRENGTHEN OUR AGRICULTURAL
COMMUNITIES THROUGHOUT THE STATE
. I WOULD BE HONORED TO CONTINUE
MY WORK AT THE LRB FOR A SECOND
TERM TO BUILD ON WHAT I'VE
ACHIEVED THUS FAR IN FURTHER
STRENGTHEN THE ELLERBEE'S
ABILITY TO VOTE FELL THE
AGRICULTURAL LABOR RELATIONS ACT
MISSION. TO ACHIEVE PEACE IN THE
FIELDS AND STABILITY AND LABOR
RELATIONS BY GUARANTEEING
JUSTICE FOR ALL AGRICULTURAL
WORKERS. I'M HAPPY TO ANSWER ANY
QUESTIONS FROM COMMITTEE. THANK
YOU SO MUCH LET ME GO AHEAD AND
START WITH YOU SENATOR LAYERED
AND THE- FLOOR SHORES THANK YOU
VERY MUCH OF MADAM CHAIR. AND
THANK YOU FOR. THE TIME WE SPENT
YESTERDAY AND THANK YOU FOR YOUR
WILLINGNESS TO SERVE. AND IN
GENERAL YOU RESPONDED TO MY
QUESTIONS IN A WAY THAT CHIU
SATISFIED ME BUT I THOUGHT THE
ONE THING. THAT GENERAL THAT I
MIGHT. HAVE YOU PUT ON THE
RECORD. VISIT WE HAD A
DISCUSSION ABOUT YOUR LONG
EXPERIENCE AND HOW YOUR
EXPERIENCE BROUGHT YOU TO THIS
POSITION. QUALIFIES YOU FOR THIS
POSITION BUT ALSO HELPS GUIDE
YOU IN SORT OF YOUR COMMITMENT
AND WHAT YOU DO AND I. WAS
WONDERING IF YOU WOULD JUST.
SORT OF ANSWER THAT QUESTION IN
PUBLIC ABOUT YOUR PAST
EXPERIENCE AND HOW IT BROUGHT
YOU TO THIS AND HOW IT GUIDES
YOU. THANK YOU I'D BE HAPPY TO
THANK YOU SENATOR. SO I. STARTED
WORKING I OUT OF LAW SCHOOL FOR
LEGAL SERVICES. AND ALLOW FOR
LOW INCOME INDIVIDUALS AND THAT
LED ME TO SPECIALIZE IN OUR
AGRICULTURAL WORK AND ACTUALLY
KNEW. AND MOVE TO AND LIVE IN
AGRICULTURAL REGIONS THROUGHOUT
THE STATE I I'D LIKE TO MODESTO
AND CENTRAL VALLEY I ALSO LIVED
IN SAN LUIS OBISPO COUNTY AND-
IN SANTA MARIA NORTHERN SANTA
BARBARA COUNTY WHERE. THE VAST
MAJORITY ALMOST ALL OF MY
CLIENTS FOR FARMWORKERS AND I
WAS ABLE TO GET SOME DEEP
EXPERIENCE AND- IN ORDER ABOUT
THE ISSUE THAT IMPACT THESE
COMMUNITIES- WHAT BUT THERE ARE
THERE CHALLENGES STRUGGLES AND
CONCERNS ARE AS WELL AS JUST
WHITE WATER THAT- THE DIFFERENT
CHALLENGES. THAT AGRICULTURE
REASONS WHILE AND OUR CULTURE
INDUSTRY AND IN OUR CULTURE
COMMUNITIES AND REALLY WHAT I'VE
LEARNED IT'S JUST I'VE LEARNED
ABOUT A VARIETY. OF DIFFERENT
TYPES OF WORK FROM- ROW CROPS
THE VERY WORD CHURCH. ARE DARE
USE A LOT IT SOI GOT A LOT OF
EXPERIENCE- WORKING WITH HIDING
SHE SAYS WITH A LOT OF DIFFERENT
INDUSTRIES AND TYPES OF INTEREST
THROUGHOUT THE STATE OPEN
CENTRAL VALLEY AND. DOWN THE
COAST AND SO. AND I ALSO WITH
ACROSS RANGE OUR GROUP WORK IN.
WORKERS WHO ARE INDIGENOUS AND
SPEAK NEITHER ENGLISH NOR
SPANISH. AND THE CHALLENGES
INHERENT IN AND IN AND WORKING
WITH SUCH POPULATION SO I DID
THAT WERE- A VERY LONG TIME
BEFORE COMING TO THE STATE OF
CALIFORNIA AND THEN AND I WORKED
AT AT THE PART OF GOVERNMENT.
EMPLOYMENT HOUSING FOR A FEW
YEARS BEFORE COMING OVER TO L.
ARGUE RIGHT ALSO- GAIN FURTHER
EXPERIENCE IN CERRO MY
BACKGROUND IN IN THAT WORK
REALLY DOES. HELP INFORM ME AND
MY JOB IS GENERAL COUNSEL FOR
THE NLRB WHICH IS OF COURSE.
REALLY THE ONLY A STATE AGENCY
WE HAVE THAT IS SPECIFICALLY.
TARGETED TOWARD- OUR WORKERS AND
AN AGRICULTURE PARTICULAR-
AGRICULTURAL LABOUR IN
PARTICULAR. SO THAT HAS- BEEN
BEEN HUGE HELP AND JUST KNOWING
WATER THAT WHAT ARE THE
CHALLENGES THE CONCERNS AND- AND
ANY ISSUES THAT FARMERS FACE AND
ALSO JUST BEING ABLE TO TALK TO
PEOPLE AND UNDERSTAND WHERE
THEY'RE COMING FROM A LOT OF
VETERANS LAW. WELL THANK YOU FOR
THAT RSPONSE AND I'M STEPPING
BACK FOR A MOMENT INTO THE OTHER
COMMITTEE BUT IF I'M NOT HERE
FOR THE ROLL CALL A DON'T WORRY
I WILL. OF THE VOTING BEFORE THE
END OF THE HEARING THANK YOU
AGAIN FOR YOUR WILLINGNESS TO
SERVE. THANK YOU SO MUCH CENTER
THANK YOU SENATOR LAYERED AND
I'M GONNA LET MY VICE CHAIR
GETTER GRIT HERSELF TOGETHER
ODD. THEY KNEW THAT YOU WOULD BE
A FEW MINUTES LATE SO ALL IS
GOOD- MISS MCCURRY I'M GONNA LET
YOU KNOW THAT. SINCE YOU WERE
LAST HERE I THINK WE HAVE A-
TOTALLY NEW RULES COMMITTEE.
WITH THE EXCEPTION OF MYSELF. SO
YOU'RE YOU MAY HAVE SOME
QUESTIONS FROM MEMBERS WHO HAVE
NOT YET HAD A CHANCE TO SIT
THROUGH A CONFIRMATION WITH YOU.
WITH THAT I'M GOING TO LOOK TO
MY LEFT AND TO MY COLLEAGUE FROM
BAKERSFIELD- SENATOR GROVE ARE
YOU PREPARED. A YES MANAFORT AND
THANK YOU. GOOD AFTERNOON MISS
MONTGOMERY HOW ARE YOU TODAY.
GOOD AFTERNOON CENTER GROVE I'M
VERY WELL THANK YOU. GET I DO
HAVE A FEW QUESTIONS AND I DO
APPRECIATE THAT THE COMMENTS
THAT YOU GAVE TO SENATOR
LAYERED. ABOUT HOW YOU CAME. TO
THIS POSITION AND SUPPORTING
THEM. YOU KNOW SPECIFICALLY
FARMERS BUT ALSO IMMIGRANT
FARMWORKER FAMILIES THAT WORK IN
THE CENTRAL VALLEY AND WE HAVE
THE TOP THREE FOOD PRODUCING
COUNTIES IN THE WORLD. AND I
THINK FOOD SECURITY IS A BIG
ISSUE IN OUR FARMWORKERS- ARE A
KEY PART OF MAKING THAT HAPPEN
SO THAT WE HAVE FOOD ON OUR
GROCERY STORE SHELVES. SO I
REALLY APPRECIATED THOSE
COMMENTS I'M GONNA FOCUS A
LITTLE BIT TIME ON SOMETHING
THAT HAPPENED RIGHT BEFORE YOU
GOT THERE. IT IS STILL ON GOING
AND GET SOME INFORMATION IF
THAT'S POSSIBLE. A FEW YEARS AGO
EIGHT YEARS AGO WHEN I WAS IN
THE ASSEMBLY. I HELPED A GROUP
OF FARMWORKERS FROM THE CENTRAL
VALLEY COME UP TO THE STATE
CAPITOL GET THEIR VOICES HEARD-
SPECIFICALLY ON A VOTE. THAT
THEY WERE WANTING TO DECERTIFY
THE UFW WITHIN THIS ORGANIZATION
- TO. ELECTION SIGNATURE GATHERS
AS- THE ASSEMBLY LOPEZ AND A
GROUP OF HER FARMWORKERS AT
COLLEAGUES GATHERED SIGNATURES
THE FIRST TIME AROUND THIS
INTERESTS WERE THROWN OUT- I'M
SURE YOU'RE AWARE OF THAT. THEY
DIDN'T GIVE UP THEY WANTED
FREEDOM AND THEY WANTED TO BE
ABLE TO VOTE AND- SO THEY
GATHERED SIGNATURES AGAIN AND
THERE WAS AN ELECTION HELD-
SUPERVISED BY THE LRB AND
DESCEND AT CURRENT DIR
DEPARTMENT OF INVESTOR RELATIONS
. AND SO I'M GONNA FOCUS A
LITTLE BIT ON THAT I THINK SOME
OF US IN THE LEGISLATURE I THINK
THE SENATE PRO TEM AND I WERE
BOTH IN THE ASSEMBLY WHEN THIS
TOOK PLACE. AND WE MIGHT RE
ENTER SHE MIGHT REMEMBER I
REMEMBER VERY VIVIDLY WHAT
HAPPENED. SO I JUST HAVE A FEW
QUESTIONS AND- COULD YOU. I'M I
KNOW LIKE I SAID DID YOU
INHERITED THIS CASE. YOU WEREN'T
THERE WHEN THE ACTUAL SITUATION
WAS GOING ON. BUT COULD YOU LET
ME KNOW OR TELL ME WHETHER. YOU
SUPPORTED OR OPPOSED THOSE
LATINO IMMIGRANT WORKERS- HE
WANTED THEIR VOTES COUNTED.
FRIEND THE ELECTION- THAT THE
LRB HELD. WELL REALLY I MEAN I
THANK YOU SENATOR I APPRECIATE
THE OPPORTUNITY THAT TO ADDRESS
YOUR QUESTIONS. EARLY WHAT. WHAT
I BELIEVE IS AT THE HEART OF THE
AGRICULTURAL LABOR RELATIONS ACT
AND WHAT WHAT I AM COMMITTED TO
SUPPORTING IS- FOR WORKERS TO BE
EMPOWERED TO COME TOGETHER AND-
I MAKE MAKE A DECISION ABOUT
WHAT THEY WANT IN THEIR
WORKPLACE- FORTY. UNION
REPRESENTATION AS WELL AS
WORKING CONDITIONS FREE FROM ANY
SORT OF INTERFERENCE WHETHER
THAT BE FROM EITHER AN EMPLOYER
OR UNION OR OR ANY OUTSIDE PARTY
SO REALLY THAT I THINK THE HEART
OF THE ACT IS TO. ALLOW WORKERS
TO COME TOGETHER AND MAKE- MAKE
A CHOICE- THAT THAT IS LIKE I
SAID FREE FROM NOT INTERFERENCE
AND SO THAT IS REALLY WHAT OUR
PROCESS IS DESIGNED TO GET INTO
ENSURE THAT WORKERS. HAVE A
VOICE AND THEY CAN EXERCISE.
THAT OPTION REALLY SO I WOULD
JUST SAY I WASN'T HERE AS YOU
POINTED OUT I WAS NOT IN ANY WAY
INVOLVED WITH. I DATA. TO WORK
IN THE OF THE EVENTS LEADING UP
TO IT- HI OR OR EVEN THE CASE-
THAT WAS- EDUCATED AT THE LRB
THERE AFTER I CAME IN- WHEN IT
WAS ALREADY GOING TO THE APPEALS
PROCESS. AND SO I DIDN'T HAVE
ANY OVERSIGHT INTO THE SPECIFICS
OF THAT PARTICULAR CASE- SO I
DON'T I AM NOT SURE THAT IT'S
YOUR QUESTION BUT THAT THAT'S
REALLY WHERE I NEED AYE I WAS A
PART OF IT I WANT TO PARTY BUT I
DO SUPPORT WORKERS- ABILITY TO
COME TOGETHER- AND MAKE FREE
CHOICES. ABOUT WHAT WHAT THEY
WANT IN THE WORKPLACE. I THANK
YOU VERY MUCH I APPRECIATE THAT
AGAIN I KNOW LIKE I SAID THAT
YOU AND THAT YOU WERE NOT HERE-
BUT THAT YOU DIDN'T HEAR IT THE
CASE THAT IS STILL ONGOING SO
YOU OBVIOUSLY HAVE YOUR HANDS IN
THAT THAT SITUATION THAT STILL
ONGOING. AND WERE YOU AWARE- AND
NOT SPECIFICALLY BUT WERE YOU
AWARE THAT I'M NOT ASKING FOR
COMPLETE DETAILS BUT IT'S VERY
WIDELY KNOWN THAT. THE BALLOTS
WERE- WERE THREATENED TO BE
DESTROYED AFTER THEY WERE-
COLLECTED. AND- WERE YOU AWARE
OF THAT. NOI'M NOT AWARE THAT
THAT THE BALLOTS WERE THREATENED
TO BE DESTROYED I KNOW THEY WERE
IMPOUNDED AND THAT IS. PART OF
THE STANDARD PROCESS OF THE L.
CHALLENGE TO THE VALIDITY OF AN
ELECTION. THE BALLOTS ARE
IMPOUNDED AND THAT IS WHAT
HAPPENED SO I I'M NOT PRIVY TO
ANY THREATSOR I'M NOT AWARE OF
ANY THREATS OF DESTRUCTION BUT I
BUT I DO KNOW THAT THEY WERE
IMPOUNDED. YOU KNOW HOW ARE THEY
- SORRY DO YOU KNOW HOW LONG
THEY WERE IMPOUNDED FOR. THEY
WERE IMPOUNDED DURING THE
PENDENCY OF THE APPEAL SO I'VE
SEEN I DON'T REMEMBER EXACTLY
HOW LONG THE APPEAL PROCESS TOOK
BY. I IT WAYS I BELIEVE IN
TWENTY EIGHTEEN- WHEN DOES THE
SUPREME COURT THE CALPERS REPORT
FINALLY TONIGHT HEARING OF THE
CASE AND NOT. AND TO THAT MATTER
SO THAT HE'S ACTUALLY IS NOT ON
GOING- THAT IS CONCLUDED- AND SO
I BELIEVE IT WAS UNTIL SOMETIME
IN TWENTY EIGHTEEN THAT THAT
THEY WERE IMPOUNDED AND I DON'T
BELIEVE THE INITIAL ELECTION
HAPPENED AND IN THE FALL OF
TWENTY THIRTEEN. YES THE
REPUBLIC FIVE YEARS FIVE YEARS
OKAY THANK YOU. AND DO YOU KNOW
HOW MUCH TAXPAYER DOLLARS WERE
SPENT ON- THE REQUIRING THESE IN
IMMIGRANT FARM WORKERS IN THE
CENTRAL VALLEY TO GO THROUGH
THIS PROCESS- THE LENGTH OF TIME
THAT THEY DID. NO I DO NOT. OKAY
ESTIMATES THAT I HAVE BEEN
DOCUMENTS I HAVE SHOW IT'S OVER
TEN MILLION DOLLARS. AND THAT
WAS SPENT CAN YOU TELL ME F
THERE'S ANY MONEY BEING SPENT-
ON THIS PROCESS NOW. BUT LIKE I
SAID THAT CASE WAS CONCLUDED-
AND SO I'M NOT AWARE THAT THAT
IF THERE IS ANY ADDITIONAL MONEY
BEING SPENT ON THE PROCESS THAT
SPECIFICALLY RELATES TO THE
ELECTION AND THE VALIDITY OF THE
ELECTION THERE THERE'S I THINK-
AN ONGOING CASE INVOLVING
GROWING FARMING- BUT BUT THAT
THAT'S IN THE REMEDY PHASE SO
JUST TO DETERMINE THE AMOUNT OF
REMEDIES NOT NOT SPECIFIC TO THE
VALIDITY OF ELECTIONS- ARE YOU
REFERRING TO THE- THAT AND FOR
LABOR PRACTICE THAT WAS FILED BY
EIGHTY- ONE OF THE MINORITY
UNION- FARMWORKERS AT GROUND ONE
IS THAT THE CASE YOU'RE TALKING
ABOUT. THE STILL ONGOING HI
THERE IS THERE IS A CASE WHERE
THERE WAS A FINAL BOARD DECISION
ISSUED AS TO LIABILITY AND IT
WAS CONCLUSIVELY ADJUDICATED-
THAT. THAT THEY ARE WRONG WAS
LIABLE FOR SOMEONE FOR LABOR
PRACTICES. AND RIGHT NOW WHAT'S
WHAT'S PENDING THROUGH THE L.
BAHASA SEEDS INSTANCE TO
DETERMINE THE AMOUNT OF THE
REMEDIES- TO THE WORKER SAID
THAT IT THAT IS WHY IT'S
ACTUALLY PENDING SO THAT. THE
CASE INVOLVING LIABILITIES
SPANISH AND WERE IN THE REMEDY
PHASE OF THAT MAKES SENSE IT
DOES MAKE SENSE I. THINK THERE'S
ONE MORE CASEAND I COULD BE
WRONG. BUT THERE WAS A- OF ONE
OF THE FEW UNION WORKERS AT RON-
GOING TO GO BACK DO YOU KNOW THE
VOTE OUT CAN. FROM THE VOTES
THAT WERE FINALLY COUNTED BY SEN
I WAS ACTUALLY IS FIFTH DISTRICT
COURT OF APPEALS THAT. AND THEN
WENT TO THE SUPREME COURT TEN
THE WORKERS KEPT FIGHTING TILL
THEY GOT THE RULING THAT SAYS
YOU HAVE TO COUNT THE BALLOTS
THAT THEY VOTED. I'M DO YOU KNOW
WHAT THE OUTCOME OF THAT WAS.
YES YES- THE OUTCOME WAS. THAT
THE FARMWORKERS VOTED TO
DECERTIFY THE UNION. M. WAS IT
CLOSE NO IT WASN'T IT WASN'T
CLOSE OKAY IT WAS IT WAS AN
OVERWHELMING MAJORITY I DON'T
KNOW THE EXACT NUMBER BUT IT WAS
IT WAS AN OVERWHELMING MAJORITY.
THAT THOUGHT OF THE VOTES CAST-
THAT WITH THE DAYBREAK
DECERTIFYING SO ONE OF THE
MINORITY MEMBERS OF THE MOVEMENT
PER SE THEY WERE TWO SIDES
OBVIOUSLY THE MAJORITY OF THEM
WANTED TO DECERTIFY THE UFW IN
LIFE ALL THE WAY TO THE
CALIFORNIA SUPREME COURT TO GET
THAT- THEIR VOTES COUNTED. ONE
OF THE MINORITY UNION WORKERS
FILED A- FAIRLY FIRST ACCOUNT A
COMPLAINT- AND FOR LABOR
PRACTICE. AND AGAINST THE U. F.
W. NOT THE COMPANY. AND IT WAS
ABOUT THE UFW SENT A LETTER OUT
TO TH- THREATEN BOYCOTT OF THE
FARMING ORGANIZATION AT THE I
GUESS THE- THE RETAILERS- I'M
ASSUMING YOU KNOW GROCERY STORES
THINGS LIKE THAT WHERE THEY-
HAVE THEIR PRODUCT. V. AS THE
THREAT WAS ACTUALLY MADE AGAINST
THE FORMER AT AND THEY DIDN'T
TAKE THAT THREAT AT BUT THE U.
S. W. SOUGHT TO TAKE THAT. DOWN
AT- AS UNFAIR LABOR PRACTICE
AGAINST THE U. F. W. IS THAT
CASE STILL ONGOING. I BELIEVE
IT'S STILL PENDING AND I. YES I
THINK IT'S THAT IS STILL PENDING
AND- MAYBE AN ADVANCE RIGHT NOW
BUT YES IT'S IT IS PENDING DO
YOU KNOW HOW LONG IT'S GONNA
TAKE TO RESOLVE THAT ISSUE.
SITTING HERE I DO NOT. DO YOU
THINK THAT'S A BACK DOOR TO RE
OPEN THE VOTE COUNT AND GET THAT
BOTH THROWN OUT. I CAN'T SPEAK
TO WHAT THE CHARGING PARTIES
INTENTIONS ARE I DON'T KNOW. AND
IS IT UNUSUAL AT AGE EIGHTY A
UNION WORKER WHO ACTUALLY HAD A
PARTY THE DAY AFTER HE FILED
THAT AND FAIR LABOR PRACTICE
PARTYING WITH THE U. F. W. AT A
BARBECUE WE HAVE PHOTOS AND
VIDEO AND IS IT UNUSUAL FOR
SOMEONE TO FILE AS EARLY FOR
PRACTICE AGAINST SOMEONE AND
THEN GO TO AN EVENT OR BARBECUE
A PARTY WITH HIM AND BE FRIENDS-
AND THEN THERE'S NO WAY- THERE'S
NO REAL ACTION AGAINST THE U. F.
W. BUT IT DOES. OPEN UP THE IDEA
THAT YOU GUYS COULD. KEEP THIS
CLAIM OPEN AND THROW THOSE
FARMWORKERS VOTES OUT IS THAT
THE INTENTION IT'S GOING TO TAKE
PLACE. I'M SORRY HE DIDN'T
MENTION THE ELLERBEE'S INTENTION
YES IS IT THE ELLERBEE'S
INTENTION TO THROW THE
FARMWORKER VOTES OUT. I AGAIN I
CAN'T SPEAK TO ANY. THE STATUS
OF A PENDING CASE HI- YEAH I
JUST I IF THE CASE IS ONGOING
I'M NOT I I'M NOT AT LIBERTY TO
SPEAK OF THAT BY. YEAH I- YEAH I
CAN'T SPEAK ABOUT A PENDING
MATTER JUST BECAUSE- BOB WALL
CASES ARE PENDING WE HAVE HOUSE
CONFIDENTIALITY. SO M. IN WHEN
WE DO LEGISLATION THERE'S
SOMETHING CALLED LEGISLATIVE
INTENT LIKE THE LEGISLATORS
INTENT ON A PIECE OF
LEGISLATION- CAN I ASK YOU FIFTY
ELLERBEE'S INTENT AFTER NOW I
BELIEVE EIGHT YEARS OF FIVE
YEARS THE BALLOT BALLOTS WERE
LOCKED AT TWO TIMES THE
FARMWORKERS THESE IMMIGRANT
FARMWORKERS GOT SIGNATURES. IN
ORDER TO HAVE A VOTE CAST THE
FIRST SET OF SIGNATURES WERE
THROWN OUT BY THE LRB. THIS AT A
SIGNATURE WERE EXCEPT. THEY SET
UP A- A VOTE SO THE FARMWORKERS
COULD VOTE. IT WAS OVERSIGHT BY
THE LRB AND THE DEPARTMENT OF
INVESTOR RELATIONS SO. THEY
COULD MAKE SURE THAT EVERYTHING
WAS DONE THE WAY IT WAS SUPPOSED
TO BE AN EVEN AFTER ALL THAT THE
BALLOTS WERE LOCKED UP FOR FIVE
YEARS IT TOOK TWO COURT CASES
INCLUDING ONE AT THE SUPREME
COURT OF CALIFORNIA. TO ORDER
THOSE BALLOTS TO BE COUNTED ON
BEHALF OF THOSE FARMWORKERS. AND
EIGHT WHEN I GO BACK TO
LEGISLATIVE INTENT IS THERE AN
INTENT OF THE LRB TWO. AT TO
CONTINUE TO OPPOSE WHAT THE
FARMWORKERS HAVE ALREADY VOTED
ON. HAYLER BEING HIS INTENDED TO
FOLLOW WHAT THE SUPREME COURT
HAS SAID WHICH IS THAT- THAT THE
DECISION OF THE FIST DISTRICT
COURT OF APPEAL- I THAT THE
BALLOTS WERE TO BE COUNTED AND
THE RESULTS OF THE ELECTION NOT
HELD THAT THAT IS WHAT THE PORT
THE PARTS OF SPOKEN AND OF
COURSE THE ELLERBEE'S INTENTION
IS TO FOLLOW. I FOLLOW THE
COURT'S RULING SAID THE COURT'S
RULING SAID THAT THE FARMWORKERS
ABOUT TO BE UPHELD SO THE A. R.
L. I. L. R. B. IS GOING TO HOLD
THAT VOTE WE ARE FOLLOWING WHAT
THE COURT'S RULING YES YES. SO
JUST TO BE CLEAR THE COURT SAID
COUNT THE BALLOTS YOU COUNTED
THE BALLOTS THE OVERWHELMINGLY
REJECTED THE U. F. W. TO NOT
HAVING ANY AND- I THINK NUMBER
ONE BECAUSE- WERE YOU AWARE THAT
THESE FARMERS WOULD TAKE A PAY
CUT. IF THEY JOIN THE F. W. I
DON'T KNOW THAT TO BE THE CASE
I'M I'M NOT AWARE OKAY. SO IS IT
THE ELLERBEE'S INTENTION- TO
UPHOLD WHAT THE FIFTH FOR THE
FIFTH CIRCUIT COURT OF APPEALS.
AND S. RULED THAT THE VOTE WOULD
STAND AND THEY COULD DECERTIFY
THE UNION. YES AND THE UNION HAS
BEEN DECERTIFIED SO I MEAN ARB
WILL APPLE THE RULING OF THE
COURSE AND WE WILL WE'RE WE WILL
FOLLOW AT THE COURTS RULING.
OKAY AN. I'M SORRY- IS ANY NEW I
THINK I ASKED YOU THIS BUT JUST
TO VERIFY- JUST TO CONFIRM THERE
IS ARE THERE ANY RESOURCES BEING
SPENT NOW TAXPAYER RESOURCES
WHERE HE SPENT TEN MILLION
DOLLARS WHICH COULD HAVE GONE. I
MEAN JUST TO. BE FAIR VOTE IT
COULD HAVE GOT I DON'T KNOW HOW
MANY HOUSES WE GET ABOUT FOR
FARMWORKERS AND GIFTED IT TO HIM
FOR TEN MILLION DOLLARS- BUT AS-
IS THERE ANY. RESOURCES NOW
BEING SPENT ON. DECERTIFYING OR
THROWING OUT THE VOTE OF THESE
FARMWORKERS. NOT THAT I'M AWARE
OF. COULD YOU CHECK FOR ME AND
LET ME KNOW. CERTAINLY BUT I CAN
PRETTY I CAN SAY NO THERE ARE I
. NO RESOURCES FROM THE L. A. B.
B. CURRENTLY BEING SPENT ON THAT
ISSUE. OKAY THANK YOU. M. HOW
LONG HAVE YOU BEEN THERE I
APOLOGIZE I DIDN'T GET THE EXACT
DATE YOU STARTED- OVER FIVE AND
A HALF YEARS. SO DURING THAT
FIVE AND A HALF YEARS OF YOUR
TENURE HAVE YOU PUT ANYTHING IN
PLACE LIKE IT SO P. OR ANYTHING
LIKE THAT STANDARD OPERATING
PROCEDURE. SO THAT THIS DOES NOT
HAPPEN TO ANOTHER GROUP OF FARM
WORKERS THAT ARE WORKING HARD TO
PRODUCE THE FOOD THAT WE EAT.
WELL WE LOOK AT CASE SAYS ARE WE
HAVE TO LOOK AT EACH CASE
INDIVIDUALLY THAT COMES BEFORE
US IN AND OF COURSE THE GENERAL
COUNSEL PROGRAM. IS RESPONSIBLE
FOR INVESTIGATING- THE UNFAIR
LABOR PRACTICE CHARGES THAT THAT
INDIVIDUAL FILE WITH US AND SO
CERTAINLY WE ARE GOING TO LOOK
AT EACH CASE VERY CAREFULLY. AND
DETERMINE WHETHER OR NOT- THE
FACT WHICH- WOULD SUBSTANTIATE A
VIOLATION OF THE LAW- AND SO I
NEED THAT THAT IS MY
EXPECTATIONS ARE REPEATERS I PUT
IN PLACE ALL ARE. YOU INSURE
THAT THE AGRICULTURAL LABOR
RELATIONS ACT IS NOT HELD AND
THAT THAT IF WE ARE GOING TO
PERCEIVE AND UNFAIR LABOR
PRACTICE CHASE THAT IS BECAUSE-
WE HAVE- FOUND VIOLATIONS BASED
ON THE FACTS AND WITH A LOT.
WITH A LOT OF SENSE. SO ARE YOU
CURRENT PROCESS THE AUGUSTINE-
GARCIA CASE. NO YOU ARE NOT NOT
. THAT'S THE CASE THAT'S THE
CASE THAT AND- ARGERSINGER C. IS
A UNION WORKER THAT FILED A
COMPLAINT AGAINST THE US W. FOR
SENDING THE FARMING ORGANIZATION
A LETTER THAT SAYS WE'RE GOING
TO BOYCOTT YOU. THE YEAH AND I
KNOW THE FARMER DIDN'T WANT TO
PROSECUTE BUT MY UNDERSTANDING
IS THAT YOU ARE PROSECUTING THE
CASE. SO YOU'RE NOT. WE HAVE NOT
FILED A COMPLAINT IN THAT MATTER
IN OR NOT- PROSECUTING UNFAIR
LABOR PRACTICE NOT KIDS NOW.
OKAY OKAY- I APPRECIATE THAT AND
SO YOU KNOW WHETHER RESOURCES
ARE BEEN MEANS BEING SPENT ON
THAT- FOR THAT AUGUSTINE GARCIA
CASE- I BELIEVE. I I'D HAVE TO
LOOK INTO IT I'M NOT SURE BUT- I
HAVE TO SEE YEAH BUT BUT I DON'T
I DON'T BELIEVE THAT I MEAN
CERTAINLY IT'S NOT IT'S NOT
BEING PROSECUTOR. OKAY I'M I
GUESS ONE FINAL QUESTION I HAVE
IS THAT- MAYBE I GUESS- WHAT'S
THE END GOAL LIKE. D. DOES DO
YOU HAVE AN OPINION OF WHAT
EHLERS IN GOAL IS WITH THESE.
FOUR THOUSAND PLUS FARMWORKERS
AND THE CENTRAL VALLEY THAT.
DIDN'T WORK SO HARD I MEAN EIGHT
YEARS. I MEAN EIGHT YEARS TO
CONTINUE TO. FIGHT EVERY SINGLE
LEVEL OF GOVERNMENT MEAN IT
DIDN'T MATTER IF IT WAS LOCALLY
ELLERBEE THE STATE L. R. L. R.
B. IT DIDN'T MATTER IF IT WAS
THE GOVERNOR'S OFFICE PREVIOUS
ADMINISTRATION AS WELL. AND THE
D. I. R. E. DATE THEY WORK SO
HARD TO GET THEIR VOICES HEARD.
WHAT'S THE END GOAL AND NOT JUST
IN THIS PARTICULAR SITUATION BUT
IT'S GOING TO HAPPEN AGAIN IT'S
GOING TO HAPPEN NEXT YEAR OR
THIS YEAR ACTUALLY NOT WITH THIS
PARTICULAR FARMER BUT THERE'S
ANOTHER GROUP OF FARMWORKERS.
THAT WANT TO FOLLOW THE SUCCESS
THAT THE BEES FARMWORKERS HAD
AND THERE'S A COUPLE THOUSAND
OF- SO. ARE THEY GOING TO HAVE
TO GO THROUGH I MEAN IF THEY GET
THE SIGNATURES ON YOUR IN CHARGE
NOW BASICALLY AS THE LEGAL
COUNSEL SO WELL THAT LET ME
JUST. SAY SHE'S NOT A BOARD
MEMBER- YEAH I MEAN I THINK
THERE'S A DISTINCTION TO BE MADE
A FAIRNESS HI. YOUR QUESTIONS
AND UNDERSTAND WHY THIS IS
IMPORTANT AND LIVE THROUGH THIS
PERIOD AS WELL. I WANT TO. MAKE
SURE THAT THERE IS A STAGE JUST
TO THE PUBLIC NINE SHE IS
COUNCIL TO THE A. L. R. B. THE
BOARD MEMBERS HAVE A LOT OF
RESPONSIBILITY IN TERMS OF I
DON'T KNOW INDIVIDUAL BOARD
MEMBER INTENT I DON'T EVEN GO
THAT FAR BECAUSE I'M NOT AN
ATTORNEY BUT JUST WANTED TO
CADA. INTERJECT THAT A LITTLE
BIT- BECAUSE I'M NOT SURE THE
INDIVIDUAL BEFORE US CAN ANSWER
SOME OF THESE QUESTIONS- BUT GO
AHEAD TO MY COLLEAGUES SENATOR
PER OF GO AHEAD OKAY THANK YOU
MADAM PRETENDING AND MISS MAKE
EVERY PLEASE FORGIVE ME IF I'VE
STEPPED OVER. THE LINE THAT
YOU'RE NOT RESPONSIBLE FOR- THIS
IS A VERY VERY NEAR AND DEAR TO
MY HEART I WORKED WITH THESE
FARMWORKERS DIRECTLY FOR AT
LEAST FIVE YEARS AND I THOUGHT
IT WOULD BE AN EASY PLACE TO
TAKE IT BACK BECAUSE- OF
LEGISLATION AND PEOPLE WERE JUST
LIKE YOU KNOW WE HAVE TO PROTECT
OUR FARMWORKERS. AND THEY WERE
BASICALLY KICKED IN THE TEETH
THE ENTIRE TIME AND I JUST
APPLAUD THEIR COURAGE- FORESEEN
IT THROUGH AND IF YOU EVER MET
SIMPLY A LOPEZ ALL FOUR FEET
FOREVER I'M SURE AB I DON'T KNOW
EXACTLY HOW TALL SHE IS BUT SHE
SIGNIFICANTLY SHORTER THAN I AM-
SHE HAD A PASSION TO- YOU KNOW
AND SO DID ALL THE FARMWORKERS
THAT WERE ASSOCIATED WITH THIS.
SO I GUESS MIGHT MIGHT ASKING
ALL THOSE. QUESTIONS I WANT TO
MAKE SURE THAT. THERE'S SOME
TYPE OF. SOME TYPE OF PROCESS.
GO THROUGH THIS HORRIFIC EVENT
THAT TOOK FIVE YEARS AND TWO
COURT DECISIONS. JUST TO ALLOW
THEM TO HAVE THEIR VOTE COUNTED
. I APPRECIATE THAT SENATOR.
OKAY AND I DID JUST WANTED TO
FOLLOW UP ON IT WHAT ARE
PROJECTS THAT IS THAT I AM THE
LABOR AGRICULTURALLY RELATIONS
BOARD AND SO I DO OVERSEE THE
INVESTIGATION. AND PROSECUTION
OF THE CHARGES AND THAT BUT THE
BOARD ARE THE ONES THAT MAKE THE
ULTIMATE DECISIONS ABOUT ABOUT
THE OUTCOME OF THE CASES. AT THE
WHITE I DIRECT MY STAFF TO DO IT
IS IF THERE IS A CHARGE FILED
THAT WE INVESTIGATED IN A
NEUTRAL FASHION. VERY THOROUGHLY
AND COMPETENTLY TO AND DETERMINE
WHETHER OR NOT A VIOLATION OF
OUR LAW HAS OCCURRED AND CHAU
REALLY THAT'S THAT'S THE PART
THEY MIGHT PROGRAM HANDLES IS.
THE CITING WHETHER OR NOT TO
PROSECUTE A CASE- IF WE'RE AND
CRIMINAL LAW CONTEXT IF YOU LIKE
THAT THE DISTRICT ATTORNEY I
THINK RIGHT AND SO WE'VE IT BE
DO YOU ONLY MAKE DECISIONS TO
PURSUE AND PROSECUTE UNFAIR
LABOR PRACTICE VIOLATIONS. WHEN
THE FACTS AND THE LAW SUPPORT IT
AND THAT IS WHAT I AM COMMITTED
TO ENSURING HAPPENS DURING MY
TENURE AT THE LRB. I APPRECIATE
THAT AND THANK YOU I DO AND- I
GUESS LIKE I SAID THAT THE
CONTRACT THE CONCERN I HAVE IS
THAT AND- A LOT OF THINGS HAPPEN
IN THAT CASE THEY DID NOT SEEM
RIGHT FOR GOVERNMENT TO
INTERFERE THE WAY THEY DID- IT
APPEARED. IT APPEARED AND IN
SOME CASES PROVE AND THAT THERE
WAS- HI NOT COLLUDING BUT
WORKING TOGETHER WITH THE U. F.
W. IN ORDER TO ENSURE THAT THESE
EMPLOYEES- RETAIN THEIR UNION
STATUS EVEN THOUGH THE EMPLOYEES
OVERWHELMINGLY I THINK SIX TO
ONE VOTED- NOT TO RETAIN IT. AND
I GUESS MOVING FORWARD WHILE
YOU'RE AT YOUR LEGAL COUNSEL AND
IN YOUR CHARGE TO INVESTIGATE
THESE UNFAIR LABOR PRACTICES. I
JUST WANT TO MAKE SURE THAT
THESE FARMWORKERS GET A FAIR
SHAKE AND IF THEY ARE WANTING
TO- DECERTIFY OR JOINT I MEAN IT
SHOULD BE THEIR CHOICE BUT IF
THEY WANT TO DECERTIFY OR JOIN
THE UNION- THEY SHOULD HAVE THE
ABILITY TO DO SO. AND THERE
SHOULD BE SOME TYPE OF STANDARD
OPERATING PROCEDURE MOVING
FORWARD. THAT ALLOWS THESE
FARMWORKERS TO FOLLOW THE
PROCESS. AND NOT HAVE TO GO
THROUGH LIKE I SAID THAT TO
SIGNATURE GATHERINGS THE
ELECTION THAT WAS OVERSEEN BY
THE ADMINISTRATION THE L. R. B.
AND THE DEPARTMENT OF
INDUSTRIALIZATION. AND AFTER ALL
OF THAT STILL HAVE THEIR BALLOTS
LOCKED AT. I'M INDIAN THE
APPEARANCE OF SOMETHING THAT
DOESN'T SMELL RIGHT IS THE
INVESTIGATION OF THE AUGUSTINE
CASE. WHERE THERE IS A POTENTIAL
TO HAVE THAT VOTE AND THROWN OUT
AND THAT WOULD BE A VERY SAD SAD
EVENT TO PLEASE FARMWORKERS TO
HAVE TO START ALL OVER AFTER
EIGHT YEARS AND EVERYTHING THAT
THEY'VE BEEN THROUGH AND THAT'S
WHAT I'M TRYING TO MAKE SURE.
DOESN'T HAPPEN AGAIN. THANKS
OKAY THANK YOU. THANK YOU
SENATOR GROVE OF SENATOR COME
LONGER DO YOU HAVE COMMENTS OR
QUESTIONS. THANK YOU MADAM PRO
TEM AND THANK YOU MISS
MONTGOMERY I HAVE FOR YOUR
SERVICE AND I DO LIKE YOUR
EYEWEAR. THANK YOU. I JUST HAVE
ONE QUESTION- THAT I WANTED TO
ASK ABOUT. CANNABIS AS THE
EMERGING INDUSTRY. THAT THE HAS
PROVEN TO OFFER LOTS OF
OPPORTUNITIES BUT THEN ALSO LOTS
OF CHALLENGES AND THEN I GUESS
AS IT RELATES TO THE A. L. R. B.
CHALLENGES WITH THE INDUSTRY AND
ITS LIMITED UNDERSTANDING ABOUT
WORKPLACE RULES AND REQUIREMENTS
AND WANTED TO KNOW WITH WHAT
FEEDBACK HAVE YOU BEEN HEARING-
FROM THE CANNABIS INDUSTRY.
ABOUT A L. ARBY'S OUT REACH
EFFORTS. AND DOES FEDERAL.
PREEMPTION IMPACT THE WORK THAT
YOU'RE ABLE TO DO WITH THE
INDUSTRY. THANK YOU SENATOR I'M
HAPPY TO ADDRESS THAT QUESTION.
I WE HAVE AT THE LRB WE ACTUALLY
HAVE CONDUCTED SIGNIFICANT
OUTREACH TO THE CANNABIS
INDUSTRY I THERE IS A- COUNSEL
FOR- THE BOARD MEMBERS ARE IF
HE'S WORKING WITH THE BOARD HE'S
BEEN DOING A LOT OF OUTREACH
SPECIFICALLY EACH YEAR TO
CANNABIS GROWERS AND OPERATORS
ON THEIR OBLIGATIONS UNDER THE
AGRICULTURAL LABOR RELATIONS ACT
AS THIS IS A REALLY NEW AREA-
AND OF COURSE SAY. A BURBANK A
RAPIDLY GROWING INDUSTRY IN
CALIFORNIA AND SO THERE HAVE
BEEN WE HAVE BEEN DOING
EXTENSIVE OUR REACH TO THE
INDUSTRY- AND FROM WHAT I'VE
HEARD THE FEEDBACK HAS BEEN
POSITIVE O THAT- M. AND WE HAVE
HAD A LOT OF PRESENCE IN IN
DIFFERENT ARE DIFFERENT PLANS
INVOLVING CANNABIS OPERATORS THE
END. I AND SO I DO BELIEVE THE
PART B. DOCTORS BEEN POSITIVE AS
FAR AS I HEARD. REGARDING
FEDERAL PREEMPTION AYE THAT HAS
NOT IMPACTED OUR WORK THAT I HAD
SEEN I'M- OF COURSE CANNABIS IS
LEGAL IN CALIFORNIA. AND SO
THEREFORE WHEN THE ALR BEAT
RECEIVES AN UNFAIR LABOR
PRACTICE CHARGE. WORK INVOLVING
A CANNABIS OPERATION WHICH WE
HAVE RECEIVED A NUMBER OF THESE
WE INVESTIGATED JUST LIKE ANY
OTHER CASE AND DETERMINE WHETHER
OR NOT THERE'S A VIOLATION IN
THE SAME FASHION. AND SO WE HAVE
HAD A NUMBER OF THOSE AND- YEAH
AND THE FEDERAL TRANSHUMANISTS.
THANK YOU ARE YOU MAY HAVE SAID
IT AND I HAD A BRAIN FART DID
YOU TALK ABOUT UNFAIR PRACTICES
OR DID YOU TALK ABOUT ILLEGAL
OPERATORS- I WAS SPEAKING OF
UNFAIR LABOR PRACTICE CHARGE
YEAH. HE DOESN'T REALLY GET INTO
THE ISSUE OF WHETHER OPERATORS
ARE ILLEGAL OR NOT OKAY I WAS
PROBABLY LOOKING AT THAT IN MY
NOTES WHILE YOU WERE ANSWERING
IN MY BRAIN CROSSED WIRES. I
HAVE NO FURTHER QUESTIONS I WANT
TO THANK YOU FOR YOUR SERVICE
AND FOR ANSWERING THAT QUESTION
ON THE ISSUE. MY PLEASURE
SENATOR THANK YOU THANK YOU
SENATOR KAMLAGER MEADOW VICE
CHAIR. THANK YOU AMANDA NARAL
PRO TEM AND- THANK YOU A MISS
MONTGOMERY FOR YOUR SERVICE
OFTEN. NUMBER OF YEARS LOTS OF
ISSUES AND I'M JUST BECOMING
FAMILIAR WITH THEM BECAUSE MY
DISTRICT HAVE COASTAL EROSION
ISSUES BUT NOT. NECESSARILY ANY
OF THE BIG LABOR- BATTLES GOING
ON AT THE MOMENT WE NEVER KNOW
BUT I WAS NOTING IN THE AND I
DIDN'T HEAR YOUR INTRODUCTORY
REMARKS GETTING HERE A LITTLE
LATE BUT I NOTICED IN YOUR ON.
YOUR GOALS FOR ONE OF THE THREE
GOALS THAT YOU MENTIONED FOR
YOUR SECOND TERM ARE IS TO
FURTHER INCREASE FARMWORKERS
KNOWLEDGE AND UTILIZATION OF THE
L. R. B. AND TO THAT END THERE
WAS A COMMENT REGARDING THE-
CONFUSION THAT MIGHT EXIST ARE
BETWEEN THE STATE AND- ENTITIES
THAT ARE THERE TO HELP.
FARMWORKERS AND THERE'S A
CONFUSION ON WHERE TO FILE A
COMPLAINT WITH THE DEPARTMENT OF
INDUSTRIAL RELATIONS. INSTEAD OF
THE A LARGE E. L. R. B. WITH
RESPECT TO OVERTIME PAY IN
PARTICULAR SO- UNDERSTANDING
THAT YOUR GOAL IS TO HOPEFULLY.
PROVIDE THE KIND OF EDUCATION
RESOURCE SO THEY KNOW EXACTLY
WHAT IT WHEN THEY DO HAVE A
COMPLAINT. ABOUT WHAT WHAT'S IN
THE WORKS AND WHAT ARE YOU DOING
ON A TO FURTHER WHAT ARE YOUR
OBJECTIVES SIDE TO MEET YOUR
GOAL. YEAH THANK YOU CENTER
HAPPY TO ANSWER THAT. SO WE
ACTUALLY THE ELLERBEE IS WORKING
VERY COLLABORATIVELY AND CLOSELY
WITH- WITH OUR SISTER. DASHA
RELATIONS AND OTHER AND LABOR
FOR STOPPING AGENCY AND-
IMPLEMENT ELEMENTS PART MEANT.
FOR EMPLOYMENT HOUSING AND OTHER
PARTNERS TO MAKE SURE THAT. WE
CAN COLLABORATE ON ON PROVIDING
OUTREACH TO THE FARMWORKER
COMMUNITY SO THAT THEY KNOW MORE
ABOUT- ABOUT THEIR RIGHTS AND
WHAT RESOURCES ARE AVAILABLE TO
THEM. AND WE'VE GREATLY
INCREASED THE OUTRAGE THAT WE'VE
DONE IN THE PAST COUPLE OF YEARS
AND WE'VE ALSO- MODIFIED OUR OUT
REACH DURING THE PANDEMIC TO
ENSURE THAT WE CAN CONTINUE TO
STILL REACH WORKERS IN IN
DIFFERENT WAYS. AND IN PART
ABOUT OUR REGION IS PROVIDING A
RESOURCE FOR FARMWORKERS CHU-
CONTACT US. WITH ANY QUESTIONS
OR ISSUES THEY HAVE ABOUT
WORKPLACE ISSUES ARE RIGHT- AND
THEY ARE BE HAS AN EIGHT HUNDRED
NUMBER THAT WE HAVE OPEN DOT.
FOR FARMWORKERS TO CALL ON ANY
WORKPLACE ISSUE WHICH THEY NEED
ASSISTANCE ON AND WE'VE TRAINED
OUR STAFF HUGH- TO ANSWER THOSE
CALLS AND- WORK TOGETHER WITH
OUR SISTER DEPARTMENTS TO
PROVIDE EFFECTIVE INFORMATION
AND REFERRALS AND RESOURCES FOR
WORKERS THAT CALL YOU NEED HELP
TO MAKE SURE THAT THEY GET A
WARM. HAND OFF SO TO SPEAK WHEN
OUT WHEN IT'S AN ISSUE THAT THE
LRB COUNTS DECEPTIVELY TRUST
BECAUSE WE DO YOU RECOGNIZE THE
CHALLENGE THAT THAT PEOPLE HAVE
BEEN NOT KNOWING WHO TO CALL
WHERETO GO THERE'S SO MANY
DIFFERENT DEPARTMENTS- THE DO
YOU ALL THESE DIFFERENT THINGS
HAVE DIFFERENT JURISDICTIONS
REALLY DIFFICULT TO KEEP TRACK.
AT AND SERVE WITHOUT. I WHY DID
THIS THIS HOTLINE IS EIGHT
HUNDRED NUMBER THAT WE PUT ON
OUR OUTREACH MATERIALS AND WORK
WE'RE PUTTING OUT THERE IN THE
COMMUNITIES SO THAT PEOPLE HAVE
A RESOURCE IF YOU CALL IF THEY
DON'T KNOW WHERE ELSE TO GO.
AND- AND SO THAT'S ONE THING
WE'VE DONE IN ADDITION TO JUST
REALLY TRYING TO YOU COLLABORATE
WORKS CLOSELY WITH OTHER
DEPARTMENTS AS WELL AS
NONPROFIT. AND COMMUNITY BASED
ORGANIZATIONS HAVE- CLOSE
CONNECTION IN CONTACT WITH THE
FARMWORKERS IN THESE DIFFERENT
AREAS BECAUSE OF COURSE THE
STATE AND SO. I THANK BERSTEN
BASSAM TURNS OUT THAT THE
AGRICULTURAL REGIONS THE TYPE OF
WORK THEY DO THAT THE
DEMOGRAPHICS OF THE WORKERS IT'S
REALLY HARD FOR OUR TINY LITTLE
BOARD. TO BE EVERYWHERE AT ONCE
YOU CAN'T SO WE NEED TO LEVERAGE
THE RESOURCES AS WELL AS
COMMUNITY PARTNERS AND OUR
SISTER DEPARTMENTS AND SO REALLY
THAT IS THE EFFORT THAT IS
UNDERWAY ISSUE INCREASE THAT.
THE EFFECTIVENESS OF ALL OF US
BY WORKING TOGETHER WORK LAB WE
ON OUR REACH AND PROVIDING A
CENTRALIZED RESOURCE FOR PEOPLE
TO CALL. AND GET ASSISTANCE.
WITH THE- OF AN OMBUDSMAN WHICH-
IS SED IN IN MANY OF THE
AGENCIES AND CERTAINLY PRIVATE
PRIVATE SECTOR WHERE- THERE ARE
MANY CONSUMERS SHALL WE CALL
THEM. STAKEHOLDERS TO THE
SERVICES THAT ARE PROVIDED. OF
THEM THAT PERSON USUALLY ARE
HAVE. IT PROVIDES A DIRECT
CONTACT ALMOST LIKE THE TRAFFIC
COP WHERE YOU NEED TO GO TO GET
THE SERVICE WHERE YOU NEED TO GO
TO FILE THIS COMPLAINT. OF YOU
EVER CONSIDERED THAT OR IS THAT
SOMETHING THAT COULD WORK OR- IF
THE AGENCY SO DIVERSE THAT YOU
WOULDN'T BE ABLE TO FIND. AN
OFFICE OF OMBUDSMAN- OR WOULD
THAT BE JUST AN EXTENSION OF THE
BUREAUCRACY PERHAPS I DON'T KNOW
BUT- IT SEEMS TO HAVE WORKED
VERY WELL- WHEN WE HAD MANY
ISSUES WITH. THE- NURSING HOME.
AGENCIES AND PEOPLE FINDING THE
RIGHT PATH TO THAT SO. FAR JUST
JUST A THOUGHT. YES THANK YOU
SENATOR I THINK THAT IT'S A
REALLY INTERESTING IDEA AND IN
FACT THAT THAT IS A WALL THAT
DATE- WELL IN TERMS OF JUST A
PROVIDING. INFORMATION RESOURCES
THAT IT'S A ROLE THAT I THINK
SOME OF OUR STAFF HAVE. STILL I
DON'T KNOW IF I CLICK ON BUTTON
BUT WERE JUST- SOMEBODY TO
RECEIVE. ALL AND- AND ASSIST
PEOPLE IN GETTING WHERE THEY
NEED TO GO. AND SO WE HAVE WE
HAVE. BEEN WORKING TO. ACHIEVE
THAT AND- THAT'S BEEN WHAT WE'VE
BEEN DOING- SINCE WE- SINCE
WE'VE OPENED UP THIS EIGHT
HUNDRED NUMBER A LITTLE MORE
BROADLY- TO FARMWORKERS. BUT I
THINK CERTAINLY THERE'S A
THERE'S A LOT OF OTHER MODELS-
IDEAS THAT THAT THAT SHOULD BE
EXPLORED TO MAKE SURE THAT
FARMWORKERS CAN. AND GET THE
HELP THEY NEED WHEN THEY CONTACT
SOMEBODY. AND THEY DON'T WORK
OUT. I LEFT QUESTIONS THANK YOU
FOR THAT AND THANK YOU FOR THAT
GOAL I THINK IT'S REALLY
IMPORTANT BECAUSE YOU WANT YOUR
AGENCY HAVING SERVED AS- LONG AS
YOU HAVE TO CERTAINLY BE
EFFECTIVE FOR ALL THE
STAKEHOLDERS ON. BOTH SIDES OF
AN ISSUE WHATEVER THAT MIGHT BE
WHICH BRINGS ME TO MY- LAST
QUESTION- THERE IS A QUESTION OF
WHETHER THERE IS A FIREWALL IF
YOU WILL BETWEEN YOUR DECISIONS
SANDALS OF THE BOARD. SINCE
THOSE ARE THE TWO DISTINCT
DIVISIONS WITH HANNAH- LRB AND-
YOU SOMETIMES INSTITUTIONAL
BUYER FOR THE DRIVES ONE. HI IN
A DIRECTION- SO THE QUESTION IS
DO YOU HAVE A FIREWALL BETWEEN
THE BOARD FUNCTIONS ON BOTH THAT
YOUR OFFICE- CONDUCT ESPECIALLY
WHEN IT COMES TO STAFF THAT YOU
BOTH ARE USING AND IT SOUNDS
LIKE THERE'S AN INTEGRATION OF
STAFF. AND I MIGHT THAT NOT BE
YOU MIGHT NOT BE CORRECT BUT
THAT'S HOW IN READING THE
BACKGROUND IT SEEMS THAT YOU
KNOW THERE'S SOME SHARED- SHARED
RESPONSIBILITIES. I'D BE HAPPY
TO ADDRESS THAT SENATOR THANK
YOU- THERE IS A VERY CLEAR AND
DISTINCT FIREWALL BETWEEN THE
FUNCTIONS OF THE GENERAL COUNSEL
IN THE FUNCTIONS OF THE BOARD
AND WE DON'T IN FACT- JOINTLY
SUPERVISED STAFF. OTHER THAN.
THAT THE BOARD CHAIR AND I
JOINTLY SUPERVISED OUR CHIEF.
EXECUTIVE ADMINISTRATION THAT'S
ART ART ARE ADMINISTRATIVE
SERVICES DIVISION CHIEF.
PROVIDES ADMINISTRATIVE SERVICES
FOR THE ENTIRE L. R. B. SO WE
JOINTLY SUPERVISED THE
pOTHER THAN THAT NONE OF THE
STOCK IS JOINTLY SUPERVISED IN
THEIR- YOU KNOW IN THEIR DUTIES
AND- THE BOARD THE BOARD
OVERSEES CERTAIN FUNCTIONS LIKE
ELECTIONS I THINK WHICH IS A
SMALL EXCEPTION BUT AS A GENERAL
MATTER I SUPERVISE. THE GENERAL
GENERAL COUNSEL PROGRAM AND
BOARD CHAIR SUPERVISED SINCE THE
BOARD STAFF. AND WE DO KEEP
THOSE FUNCTIONS SEPARATE AND
THEY HAVE TO NECESSARILY BE A
FIREWALL AND SEPARATED BECAUSE-
WE ARE BRINGING CASE SAYS IN
GENERAL HEALTH PROGRAM IS
BRINGING CASES BEFORE
ADMINISTRATIVE LAW JUDGE WHO
ISSUED THE DECISION THAT THE
BOARD THEN NEEDS TO. REVIEW HERE
WHEN IT'S APPEAL TO THEM AND
MAKE A DECISION SO THEY ARE LIKE
THE- APPEALS COURT ESSENTIALLY
FOR ARCHIE. AND SO FOR THAT
PROCESS ARE TO RUN PROPERLY IT
IS ESSENTIAL THAT WE DO NOT-
SHARE ANY INFORMATION AND WE
HAVE TO MAINTAIN CONFIDENTIALITY
AND WE HAVE PROCESSES IN PLACE
TO ENSURE THAT THAT. THAT THAT
CONFIDENTIALITY IS CLOSELY STATE
PARTY. THANK YOU ARE. REPLIED
TAKING ON THAT WAS GOING TO BE
MY LAST QUESTION BUT IT RAISED
BY ANOTHER CONCERN THAT WAS
EXPRESSED REGARDING THE
TIMELINE. FROM THE TIME THAT YOU
RECEIVE A COMPLAINT AND TAKE IT
OUT THROUGH THE PROCESS- YEAH IS
THERE A TIMELINE THAT YOU MUST
MEET OR THAT DISCRETIONARY.
FOUND OUT IF THERE IS A LONGER
DELAY- WHICH SEEMS TO BE A LEAST
AN EMERGING COMPLAINT. ABOUT
WHAT WOULD BE YOUR- YOUR EFFORT
TO YOU KNOW RAIN THAT IN. IN A
MORE. TIMELY DECISION. THANK YOU
I APPRECIATE THE OPPORTUNITY TO
ANSWER THAT QUESTION SO WE DON'T
HAVE A- ABSOLUTE. LIKE DEADLINE
OR THERE'S NOT A LIKE A
LIMITATIONS PERIOD THAT TO FILE
A COMPLAINT BY A TRUCK FROM THE
TIME WE GET AN UNFAIR LABOR
PRACTICE CHARGE BY WE DO YOU
ENDEAVOR TO INVESTIGATE CASES
ALLIES HOUSE THOROUGHLY AND
EFFICIENTLY AS POSSIBLE AND NOT
THAT HAS BEEN A PRIORITY OF MINE
AND CONTINUES TO BE A PRIORITY
OF MINE ARE GOING FORWARD. IS
JUNE. MAKE SURE WE HAVE
PROCESSES IN PLACE. SO THAT OUR
STAFF HAVE THE TOOLS. THEY NEED
AND THAT YOUR TRAINING RESOURCES
THEY NEED IN ORDER TO. YOU
PURSUE THE INVESTIGATION-
EFFECTIVELY AND EFFICIENTLY AND-
AND I AM WORKING HARD TO
ELIMINATE ANY UNNECESSARY DELAYS
THROUGH OUR PROCESS SO THERE ARE
NECESSARY DELAYS IN CASES
SOMETIMES THAT ARE BASED ON
CIRCUMSTANCES OUTSIDE OF OUR
CONTROL FOR EXAMPLE YOU KNOW
THAT THE AGRICULTURE WORKFORCES
MIGRATORY- THE WORK IS SEASONAL
THAT DOES PRESENT UNIQUE
CHALLENGES IN IN BEING ABLE TO
LOCATE CERTAIN WITNESSES AN
pINFORMATION WE MAY NEED IN ORDER
TO MAKE IT THE TERMINATION AND
AN INVESTIGATION. AND SO
SOMETIMES THAT'S JUST ONE
EXAMPLE OF WHAT MIGHT DELAY A
CASE AND SO THERE ARE SOME
CIRCUMSTANCES OUT OF OUR CONTROL
BUT BUT FOR THOSE WITHIN OUR
CONTROL I AM VERY COMMITTED. TO
ENSURING THAT THAT WE- BOB DO
WHATEVER WE CAN TO MOVE THESE
CASES FORWARD AS AS EFFICIENTLY
AND EFFECTIVELY AS POSSIBLE SO
THAT WE CAN GET A SWIFT
RESOLUTION TO THESE MATTERS
THAT'S IN THE INTEREST OF
EVERYBODY. THANK YOU FOR THAT I
JUST BRING THAT UP BECAUSE I
THINK THE COMMENTS FROM MY
COLLEAGUES I WAS VERY INVOLVED
WITH THE- THE FARMWORKERS IN HER
DISTRICT I THINK THE DELAY IN A
DECISION BY YOUR- PARTICULAR-
DIVISION. JEFF SOMETIMES THAT
THERE EVEN A FIREWALL. THE THREE
OF THE INSTITUTIONAL BIAS IN
DOUBT ABOUT BEING THE FINAL
DECISION COULD BE INFLUENCED BY
THAT. SO IT'S JUST SOMETHING
THAT I'LL BE PAYING ATTENTION TO
AND APPRECIATE YOUR ANSWERS TO
THAT. HI I THINK YOUR GOAL IS TO
ENSURE THAT THE AGENCY- HAS THE
HIGHEST LEVEL OF CREDIBILITY TO
ALL THE STAKEHOLDERS THAT ARE
PRODUCING OUR FOOD IN THE
VALLEY. AND BEYOND AND I THINK
THAT THERE'S STILL A LOT OF WORK
TO BE DONE ON THAT FRONT IN
TERMS OF THE CONFIDENCE.
ESPECIALLY WHEN WE HEAR COMMENTS
THAT THEIR SON ATTEMPT TO DO A
WORK AROUND WITH THE DECISION ON
THE ON. THE CEDAR POINT CASE
WHERE. WORKERS ON YOU KNOW A
UNION ORGANIZER SINGLE ON
PEOPLE'S PROPERTY AND YOU KNOW
FIVE FEET FIGMENT JURORS ARE TO
UNIONIZE AND ON THAT WAS RULED
IN FAVOR OF THE OF THE-
EMPLOYERS LET'S SAY BUT STILL
THEY'RE STILL CONFIDENT PUSH A
TO DO WITH. IN DEPTH TROUBLING
WHEN IT HIT THE HIGHEST COURT IN
THE LAND THERE HAS TO BE SOME
BIAS GOING ON THERE AND I THINK
YOU'RE IN THE POSITION THAT YOU
CAN BE PROBABLY THE GATEKEEPER
TO MAKE SURE THAT TO BUILD OF
LESSER DEGREE OF POSSIBLE THAT
THAT IS NOT A BRAND OF R. A. L.
OR BE. WITHOUT THANK YOU AGAIN
FOR YOUR SERVICE AND A LOOK
FORWARD TO HEARING BACK FROM YOU
ON MEETING THAT GOT BOTH GOALS
AND THE OBJECTIVES YOU SET FORTH
TO DO THAT THANK YOU. THANK YOU
SENATOR. I YOU MADAM VICE CHAIR-
WILL LAST I AM A SEEMINGLY HAVE
THREE VERY DIFFERENT QUESTIONS-
I. MAINLY BECAUSE YOU KNOW AS I
SIT AND LISTEN AND I GET TO PICK
UP ON WHERE PEOPLE LEFT OFF- THE
TO FOLLOW ALONG MEADOW VICE
CHAIRS- COMMENTS- IN THE
BEGINNING OF HER QUESTIONS CAN
YOU GIVE ME AN IDEA IF IT'S
POSSIBLE FOR YOU. ARE FROM A
FARMER FOR WORKERS PERSPECTIVE
ARE THERE ADVANTAGES OR
DISADVANTAGES OF BRINGING A
COMPLAINT TO AYLER B. VERSES DIR
THE DEPARTMENT OF INDUSTRIAL
RELATIONS IF YOU CAN. OUR
RESPOND TO THAT. YES I'D BE
HAPPY TO THINK HERE AT CENTER.
REALLY WHAT WHAT THE ALARM HE
DOES IS- IS IT IS I WOULD SAY.
WATER IT IN IN SOME WAYS THAN-
THEN WHAT ANY OTHER SPECIFIC
DEPARTMENT WOULD YOUR WHAT WE
WOULD HAVE JURISDICTION OVER IN
OTHER WORDS THAT AGRICULTURAL
LABOR RELATIONS ACT PROTECTS THE
RIGHT OF OUR FARMWORKERS. HERE
COME TOGETHER AND RAISE ISSUES
ABOUT ANY WORKING CONDITIONS-
AND BE PROTECTED FROM
RETALIATION FOR DOING THAT AND
SO. IF THEY DON'T IF THERE IS
NOT YOU SEE WHERE THEY COME
TOGETHER THEY RAISED ISSUE AND-
AND SOMETHING HAPPENED AS A
RESULT. THEN IT IT COULD BE ANY
IT COULD BE ANY KIND OF TOPIC
LIKE IF YOU CAN BE THANK THEY
WERE COMPLAINING ABOUT NOT
GETTING OVERTIME ARE THEY WERE
COMPLAINING ABOUT.
DISCRIMINATION HARASSMENT OR NOT
HAVING RESTAURANTS AND OF COURSE
THOSE ARE SPECIFIC ISSUES THAT
THAT EITHER DEPARTMENT US
RELATIONS WERE DEPARTING FROM
PERMANENT HOUSING COULD HANDLE
AS WELL BUT THE DIFFERENCE IS
THAT THE L. R. B. IS LOOKING AT
WHETHER- YOUR WET. WHETHER THEY
WERE RETALIATED AGAINST FOR
THOSE ACTIONS. AND THEN OUR
REMEDIES ARE ARE UNIQUE AND
DIFFERENT. THAN THAN WHAT ANY OF
THOSE OTHER AGENCIES TO GET OF
COURSE ALL ALL OF THOSE
DIFFERENT DEPARTMENTS TO GET.
UNPAID WAGES ARE BACK WE JUST
LOST WAGES OF SOMEBODY SAY FIRED
UNLAWFULLY RATE THAT WE CAN ALL
GET THOSE BUT THE L. R. B. HAS
THAT AUTHORITY TO GO INTO WORK
AND GET. OUR QUICK REMEDIES IF
AN INJUNCTION IF NEEDED AND WE
HAVE A CERTAIN PROCESS TO BE
ABLE TO DO THAT. WE ALSO HAVE
SOME SPECIFIC REMEDIES- OR OR
AT. IMPARTING INFORMATION TO
WORKERS AFTER A BOARD ORDER OR
RENT- SETTLEMENT TO MAKE SURE
THAT THAT THE WORKERS GET THE
INFORMATION ABOUT THE VIOLATION
OF WHAT HAPPENED WHAT WHAT THEIR
RIGHTS ARE. DEAD I'M NOT AWARE
THAT THE OTHER DEPARTMENTS HOUSE
SO I WOULD SAY- CERTAINLY THEIR
TIME FOR READ MORE READ. BAY
JOINTLY INVESTIGATED CASE BY I.
THE OTHER DAMAGE I THINK
APPOINTED L. R. V. FOR
FARMWORKERS IS THAT. WE ONLY
HANDLE FARMWORKER ISSUES AND
FARMWORKER CASES- WE ARE NOT
PULLED IN DIFFERENT DIRECTIONS
WITH RESPECT TO HANDLING ALL THE
INDUSTRIES IN THE STATE AND WE
ALSO OUR STAFF IS WELL TRAINED
HAS THE EXPERTISE. TO BE ABLE TO
UNDERSTAND FARMWORKER ISSUES NO
THE CHALLENGES THEY'RE FACING-
ADDRESS COMMUNICATION BARRIERS
AND OTHER BARRIERS ARE THAT THEY
HAVE. AND THEY ALSO ARE BASED IN
AGRICULTURAL REGIONS- THROUGHOUT
THE STATE SO THEY HAVE THAT
SPECIFIC EXPERTISE AND KNOWLEDGE
AND WE REALLY DO YOU GO THE
EXTRA MILE AND- PUT IT AT A
LARGE AMOUNT OF OUR EFFORTS INTO
MAKING SURE THAT WE CAN FIND.
WORKERS AND WITNESSES AND GET
THE INFORMATION TO PEOPLE THAT
THEY NEED WHICH DOES TAKE A LOT
OF WORK IN ANY GIEN CASE- AND
BECAUSE WE'RE SPECIFICALLY
FOCUSING ON AGRICULTURE WE ARE
ABLE TO DO THAT SO I WOULD SAY
THAT THAT'S ONE WHAT REALLY TAKE
ADVANTAGE THAT. THEY ARE
FARMWORKERS WOULD HAVE IN GOING
TO THE L. R. B. AND IN ADDITION
EVEN IF PEOPLE ARE COMPLAINING
ABOUT SOMETHING THAT'S NOT A
VIOLATION OF THE LAW- THEY'RE
STILL PROTECTED AND SO OF COURSE
UPDATE IF WORKERS ARE
COMPLAINING THAT THEY'RE BEING
MISTREATED BY THEIR FOR MEN
BECAUSE HE- HE'S JUSTRESPECTFUL
TO THEM OR SOMETHING. THAT MAY
NOT VIOLATING THE LAW- AND NO
OTHER DEPARTMENT OR AGENCY WOULD
HAVE ANY ANY ABILITY OR
JURISDICTION TO DO ANYTHING
ABOUT THAT BUT THE L. R. B. GOOD
AND- THAT AND DETERMINE WHERE
THEY RETALIATED AGAINST FOR
GOING TO THEIR BOSTON. AND
COMPLAINING ABOUT HOW THEY WERE
TREATED AND SO THAT'S JUST
ANOTHER ANOTHER ADVANTAGE I
WOULD SAY OF. GOING ARB. THANK
YOU I APPRECIATE THAT. AND NOT I
KNOW THAT. AT ONE POINT AROUND.
TWENTY FIFTEEN SIXTEEN. 40% ARE
VACANT POSITIONS BUT THAT HAS
SINCE CHANGED OBVIOUSLY WERE
WELL DOWN THE ROAD- AND I WOULD
ASSUME THAT THE NEW STAFF THINGS
IMPROVE THE ORGANIZATIONAL
STABILITY AND LEAD TO QUICKER
AND BETTER OUTCOMES I JUST WANT
YOU TO CONFIRM THAT YOU BELIEVE
THAT'S THE CASE I KNOW YOU
COMMENTED ON IT. A TO SOME
DEGREE I PREVIOUSLY BUT- ARE YOU
FINDING THAT THAT'S THE CASE AND
HAVE. YOU KNOW WE'VE BEEN ABLE
TO SEE A QUICKER REVIEW- OF THE
PRACTICES- AND RESOLUTION
QUICKER I JUST WANT TO CONFIRM
YOU EVEN COMMENTED ON THAT. YEAH
YES SENATOR THAT THAT IS CORRECT
WE HAVE- AS YOU MENTIONED WE'VE
SIGNIFICANTLY REDUCED OUR
VACANCY RATES SINCE I'VE BEEN AT
THE LRB AND WE DO HAVE MORE
ORGANIZATIONAL STABILITY AS A
RESULT I AND I AND OUR STAFF HAS
BEEN- YOUR BEEN AT THE LRB MUCH.
LONGER ITS WALLS AND THEN WHEN I
AND WE HAVE WE HAVE A HIGHER
PERCENTAGE OF WORK STREET STOP
AND WE GET WHEN I FIRST CAME
ONTO THE L. R. B. AND THAT THAT
HAS. HELPED US TO- TO DO BETTER
WORK AND WE HAVE WE HAVE
IMPROVED- WE HAVE WE HAVE
INCREASED OUR- INVESTIGATION
TIMELINE SINCE I'VE BEEN HERE
ALTHOUGH IT IS SOMETHING THAT
I'M CONTINUING TO WORK ON. THANK
YOU- THE LAST QUESTION REALLY
HAS MORE TO DO WITH. THE
SITUATION WHERE WE FIND
OURSELVES IN RIGHT NOW WITH CODE
BUT ALSO FIRES. TO YOUR
KNOWLEDGE HAS THERE BEEN ANY
WORK STOPPAGES RELATED TO SMOKE-
ARE UNSAFE WORKING CONDITIONS
ARE ARE- HARMFUL WILDFIRE SMOKE
EITHER OF THOSE ISSUES. HAVE
THERE BEEN WORK STOPPAGES. YES
CENTER AYE AYE THERE HAVE BEEN
WORK STOPPAGES RELATING TO
ISSUES REGARDING PUBLIC SAFETY
I'M NOT SURE ABOUT WILDFIRE
SMOKE WALKING ON BUT BUT I DO
KNOW THERE HAVE BEEN SOME WORK
STOPPAGES RELATED TO ISSUES- OF
COCOA CHICKEN OR ICE. WELL THANK
YOU- I THINK THOSE ARE THE
THINGS FIVE FROM A FIFTY
THOUSAND FOOT LEVEL THAT THAT WE
CONTINUE TO GET QUESTIONS ABOUT
ACROSS INDUSTRIES IN WHICH THE
STATE HAS SOME RESPONSIBILITY
FOR OVERSIGHT AND- AND WORK
WORKER SAFETY AND PROTECTION-
LET ME- LET ME JUST. SAY I
APPRECIATE HOW MUCH BETWEEN THIS
TIME- YOUR TIME BEFORE THE
APPOINTMENT AND THE RE
APPOINTMENT TO SEE SOME OF THE
CHANGES IN TERMS OF- THE
VACANCIES ARE EDUCATIONAL
OUTREACH. ARM YOU KNOW CLARITY
AND TO DEAL WITH THE CONFUSION
BETWEEN ISSUES AROUND D. I. R.
I. DEPARTMENT OF INDUSTRIAL
RELATIONS AND- THE BOARD. SO I
APPRECIATE YOUR ROLE AND ALL OF
THAT AND- I WANT TO THANK YOU
FOR TAKING THE TIME TO ANSWER
ALL OF THESE ARE COMMENTS AND
QUESTIONS. WE ARE GOING TO MOVE
NOW TO PUBLIC COMMENT. WE'RE
GONNA START. IN ROOM THIRTY ONE
NINETY ONE AND- I ACTUALLY DON'T
SEE ANYONE. ARE PHYSICALLY HERE
ARE STEPPING FORWARD. SO SHOULD
ANYONE STEP INTO THE ROOM- GONNA
REMIND YOU OF SOCIAL DISTANCING
AND ONE WITNESS AT THE TOP OF
OUR FOR THIS OR OTHER ITEMS BUT-
WE'RE GONNA SEEING NO ONE WE'RE
GOING TO- MOVE ON TO THE
TELECONFERENCE PORTION OF PUBLIC
COMMENT. AND WE DO HAVE A
MODERATOR STANDING BY SO I WANT
TO WELCOME THE MODERATOR. WE'RE
GOING TO START WITH- MEMBERS OF
THE PUBLIC IN SUPPORT. AND I'M
GOING TO REMIND FOLKS- ARM.
WITNESSES SO THAT WHEN YOU SPEAK
WE'RE GOING TO ASK YOU TO GIVE
YOUR NAME YOUR ORGANIZATION IF
ANY THAT YOU ARE REPRESENTING
AND YOUR POSITION ON THE
APPOINTMENT- BRIEFLY. AND AGAIN
ON BEHALF OF OUR COURT REPORTER
I'M GOING TO ASK YOU TO SPEAK
SLOWLY AND CLEARLY AND WITH
THAT- MATA MODERATOR I WOULD TO
ASK YOU TO OPEN THE LINES AND
WELCOME YOU. TO JOIN US. LADIES
AND GENTLEMEN IF YOU WISH YOU
HAVE A COMMENT OR QUESTION
PLEASE PRESS ONE SEND ME A ROLL.
AGENCIES SPECIALIST WILL THEN
GIVE YOU A LINE NUMBER IT IS ONE
EIGHT NINE ZERO. AND WE DO HAVE.
TO GIVE ME MY NUMBER ELEVEN.
PLEASE GO AHEAD. GOOD AFTERNOON
CHAIR AND COMMITTEE MEMBERS MY
NAME IS DADDY GREAT WALL HERE ON
BEHALF OF THE HUNDRED AND EIGHTY
THOUSAND MEMBERS OF THE U. F. C.
W. WESTERN STATE COUNCIL MANY OF
YOU MARK IN THE AGRICULTURAL
INDUSTRY AND STRONG SUPPORT OF
THE CONFIRMATION EVENTUALLY AT
MONTGOMERY AT ELLERBY GENERAL
COUNSEL. MONTGOMERY HAS A LONG
AND EXTRAORDINARY HISTORY OF
STANDING LAST AND FIGHTING ON
BEHALF OF WORKERS IN THE
AGRICULTURAL SECTOR HE'S VERY
QUALIFIED TO HANDLE THE LEGAL
CHALLENGES AND ISSUES THAT THE
LRB HAS IS AND WILL BE FACING.
THE W. F. PROJECT THE PARTNERS
MONTGOMERY DEPARTMENT OF THE AIR
BEYLERBEY AND IT DEFINITELY THE
TEAM BUT WOULD ALSO LIKE TO
EXPRESS THEIR SUPPORT AND THAT'S
MONTGOMERY'S APPOINTMENT. TO THE
A RP THANK YOUNG. THANK YOU VERY
MUCH MINIMUM- SPEAKERS. THERE
ARE NO WATER SPEAKER THANK YOU
OKAY THANK YOU WE WILL BE BACK
WITH YOU IN A MOMENT I'M GOING
TO NOW MOVE TO OF SPEAKERS WHO
MAY BE IN OPPOSITION TO THE
APPOINTMENT AND- LET ME GO AHEAD
AND REMIND FOLKS THAT THERE IS A
PARTICIPANT TOLL FREE NUMBER.
THAT NUMBER IS. 877-226-8163
THERE IS AN ACCESS CODE WHICH IS
SEVEN THREE SIX TWO EIGHT THREE
THREE. AND WITH THAT I WILL LOOK
AND SEE WE DO NOT I HAVE MEMBERS
OF THE PUBLIC HERE IN ROOM
THIRTY ONE NINETY ONE SO MADAM
MODERATOR I'M GONNA COME BACK TO
YOU ALREADY- FOR YOU TO QUEUE UP
PEOPLE WHO MAY WISH TO SPEAK IN
OPPOSITION. THERE IF YOU ARE
OPPOSITION PLEASE PRESS ONE AND
THEN ZERO. OPPOSITION ONE BAND
ZERO. MADAM CHAIR WE DO NOT HAVE
ANYBODY QUEUING UP. OKAY
MATAMATA WRITER THANK YOU SO
MUCH FOR YOUR ASSISTANCE WE WILL
TOUCH BASE WITH YOU A LITTLE BIT
LATER IN THE HEARING. SO WITH
OUR WITH THE OPPORTUNITY HAVEN'T
BEEN GIVING FOR MEMBERS OF THE
PUBLIC TO SPEAK IN SUPPORT AND
OPPOSITION LET ME BRING IT BACK
TO MY COLLEAGUES ASK IF THERE'S
ANY FURTHER REMAINING COMMENTS
OR QUESTIONS. ARE IF NOT-
SENATOR COM LONGER I DO NOT HAVE
ANY COMMENTS OR QUESTIONS THAT I
WOULD BE WILLING TO MAKE A
MOTION AT THE APPROPRIATE TIME.
THANK YOU I WILL ACCEPT THAT
MOTION- MADAM SECRETARY WE
PLEASE CALL OUR ROLE. GROVE
GROVE NO FAMILYORDER I LONGER
ARE LAYERED BATES NO BATES NO
ATKINS AYE ATKINS AYE THANK YOU
MADAM SECRETARY THAT IS TO WE
WILL LEAVE THE ROLE OPEN- THE
TWO IN SUPPORT TO IN OPPOSITION
AND WE WILL LEAVE THE WORLD OPEN
AND MISS MONTGOMERY I THANK YOU
FOR YOUR TIME- WE WILL CONCLUDE
TODAY WITH A VOTE THAT SO I
THANK YOU SO MUCH AND WISH YOU
ALL THE BEST. FROM COLLEAGUES
BEFORE WE TAKE OUR A QUICK
BREAK- I AM GOING TO ASK IF WE
CAN GO BACK- SINCE I HAVE TO
COLLEAGUES HERE WHO AREN'T
WEREN'T ABLE TO VOTE WHEN WE
DID- THE INITIAL- APPOINTMENTS
WE HAVE- THE ROLE OPEN FOR YOU
TO BE ABLE TO JOIN VOTES ON ITEM
NUMBER TWO WHICH IS GOVERNOR'S
APPOINTEES NOT REQUIRED TO
APPEAR. WE DID SPLIT THAT VOTE
SO THE FIRST MOTION IS FOR
GOVERNOR'S APPOINTEES NOT
REQUIRED TO APPEAR ITEM TO SEE
D. N. E. THREE OF THE MEMBERS
FOR THE COMMISSION ON TEACHER
CREDENTIALING FATHER WAS A
MOTION MADE ON THAT SO MADAM
SECRETARY IF YOU WILL. OPEN THE
ROLE. GROVE HI GROUP I. BATES
ALL RIGHT BATES HI FIVE TWO ZERO
THANK YOU THAT WAS FIVE ZERO-
THOSE VOTES ARE OUT WE HAVE A
MOTION THAT WAS MADE ON
GOVERNOR'S APPOINTEES NOT
REQUIRED TO APPEAR ON ITEM TWO
F. ALSO A MEMBER OF THE
COMMISSION OF TEACHER
CREDENTIALING WILL YOU PLEASE
CALL THE ROLL GROWTH. GROWTH NO
BATES NO BATES NOW THREE TO TWO
THANK YOU- WE HAVE ONE OTHER
ITEM WHICH IS BILL REFERRALS
ITEM THREE MADAM SECRETARY WE
OPEN THE ROLE GROWTH HIGH GROWTH
I BATES RIGHT BATES. ZERO THAT
IS FIVE TWO ZERO WE WILL THANK
YOU MADAM SECRETARY WE WILL TAKE
A FIVE MINUTE BREAK AND BE RIGHT
BACK THANK YOU.
TO ORDER IN
ABOUT SIXTY SECONDS.
LET'S GO
AHEAD AND CALL THE RULES
COMMITTEE BACK TO ORDER AND
THANK YOU EVERYONE FOR YOUR
PATIENCE WE'RE GOING TO CONTINUE
ON NOW TO ITEM ONE B. UNDER
GOVERNOR'S APPOINTEES REQUIRED
TO APPEAR WITH THE APPOINTMENT
OF CATHERINE SELASKY RJD TO THE
WORKERS COMPENSATION APPEALS
BOARD WELCOME AND LET ME JUST
THANK YOU IN ADVANCE FOR YOUR
PATIENCE. I WANT TO INVITE YOU
TO INTRODUCE ANYONE THAT MIGHT
BE WITH YOU THAT YOU WANT TO
RECOGNIZE- AND THEN MAKE ANY
OPENING COMMENTS YOU'D LIKE TO
MAKE AND THEN AFTER YOUR
INTRODUCTION WILL GO TO MY
COLLEAGUES FOR QUESTIONS AND
COMMENTS SO WELCOME. THANK YOU
GOOD MORNING I'M SORRY.
AFTERNOON MADAM PRO TEM AND
MEMBERS OF THE COMMITTEE THANK
YOU FOR THE OPPORTUNITY TO
APPEAR BEFORE YOU TODAY. IT HAS
BEEN MY HONOR TO SERVE AS A
MEMBER OF THE WORKERS
COMPENSATION APPEALS BOARD SINCE
TWO THOUSAND FOURTEEN WHEN I WAS
FIRST APPOINTED BY GOVERNOR
BROWN. AND TO SERVE AS THE W. C.
A. B. C. CHAIR SINCE TWENTY
SEVENTEEN WHEN I WAS GIVEN THAT
DESIGNATION. I GOVERNOR BROWN
I'M HERE BEFORE YOU TODAY
SEEKING CONFIRMATION OF A SECOND
TERM ON THE BOARD FOLLOWING MY
RE APPOINTMENT BY GOVERNOR
NEWSOM LAST YEAR. I'M JOINED
HERE TODAY BY MY SPOUSE NIKKI
SELASKY AND I'D LIKE TO TAKE
THIS OPPORTUNITY TO THANK HER
FOR HER ENCOURAGEMENT AND
SUPPORT THROUGHOUT THIS PROCESS.
I ALSO LIKE TO ACKNOWLEDGE MY
FRIENDS FAMILY MEMBERS AND
COLLEAGUES WE'RE WATCHING THE
HEARING REMOTELY TODAY. I SPENT
ALMOST ALL OF MY PROFESSIONAL
LIFE WORKING IN THE WORKERS
COMPENSATION SYSTEM I'VE BEEN A
MANAGER IN SMALL LITIGATION
SUPPORT BUSINESSES WORKING
DIRECTLY WITH EMPLOYEES TRYING
TO RETURN TO WORK AFTER ON THE
JOB INJURIES. I'VE ALSO WORKED
AS AN ATTORNEY REPRESENTING
EMPLOYERS AND INSURANCE
COMPANIES IN WORKERS
COMPENSATION MATTERS I'VE BEEN A
WORKERS COMPENSATION TRIAL JUDGE
I'VE WORKED IN THE
ADMINISTRATIONS OF BOTH THE
DIVISION OF WORKERS COMPENSATION
AND THE DEPARTMENT OF INDUSTRIAL
RELATIONS. AND I NOW SERVE AS A
MEMBER OF THE W. C. A. B. THE W.
C. A. B. SERVES AN IMPORTANT
ROLE AS THE FIRST LEVEL
APPELLATE COURT FOR PARTY
SEEKING TO CHALLENGE DECISIONS
ISSUED BY WORKERS COMPENSATION
JUDGES. WHAT AE DECISIONS CAN
BE APPEALED TO THE CALIFORNIA
COURTS OF APPEAL AND TO THE
STATE SUPREME COURT WE ARE OFTEN
THE ONLY APPELLATE BODY TO
CONSIDER THE MERITS OF THE CASE.
WHICH MAKES US A COURT OF LAST
RESORT IN THE MAJORITY OF
WORKERS COMPENSATION CASES. THE
VAST MAJORITY OF OUR DECISIONS
ARE ISSUED BY PANELS OF THREE
COMMISSIONERS WERE RANDOMLY
ASSIGNED TO EACH CASE. THESE
DECISIONS ARE ONLY BINDING IN
THE PARTICULAR CASE IN WHICH
THEY ARE ISSUED AND HAVE NO
PRECEDENTIAL EFFECT BEYOND THAT.
BUT EVEN THESE DECISIONS PROVIDE
GUIDANCE TO PARTIES WITH CASES
WITH THE SAME OR SIMILAR ISSUES
. WE ALSO ISSUE AND BONTA
DECISIONS AS A FORMER BOARD ON
ISSUES OF WIDESPREAD IMPACT.
THOSE DECISIONS ARE BINDING AND
ALL WORKERS COMPENSATION CASES I
MUST BE FOLLOWED BY THE TRIAL
JUDGES AND OUR PANELS UNLESS AND
UNTIL THEY ARE OVERTURNED OR
ALTERED BY AN APPELLATE COURT OR
THE SUPREME COURT. IN ALL OF THE
CASES THAT COME BEFORE US WE
STRIVE TO ISSUE DECISIONS THAT
ARE CLEAR CONSISTENT WELL
REASONED AND LEGALLY CORRECT. I
HAVE WORKED WITH MY FELLOW
COMMISSIONERS DEPUTY
COMMISSIONERS AND STAFF
ATTORNEYS TOWARD THIS GOAL FOR
THE ENTIRE TIME I'VE BEEN A
MEMBER OF THE W. C. A. B. IT
WILL CONTINUE TO BE A FOCUS FOR
ME GOING FORWARD. I APPRECIATED
THE THOUGHTFUL QUESTIONS POSED
DURING THIS CONFIRMATION PROCESS
BOTH IN WRITING AND IN MY
MEETINGS WITH YOU AND YOUR STAFF
MEMBERS. THEY PROVIDED AN
EXCELLENT OPPORTUNITY FOR ME TO
REVIEW AND REFLECT ON MY WORK
OVER THE PAST SEVEN YEARS. AND
INSPIRED MY THOUGHTS ABOUT
MOVING FORWARD. I'M HAPPY TO
ANSWER ANY ADDITIONAL QUESTIONS
THAT YOU HAVE FOR ME THIS
AFTERNOON. THANK YOU. THANK YOU
VERY MUCH FOR THOSE- OPENING
COMMENTS I'M GOING TO TURN TO
OUR VICE CHAIR- SENATOR BATES
AND LET HER GET IT STARTED.
THANK YOU- METROTOWN AND THANK
YOU- IF IT'LL LET ME SEE IF I
MAY SAY THIS LITTLE. HELLO
BLUESKY IT SKI BUT ALLOWING US I
THINK THERE ARE GOING TO FIND I
THINK YOU SAID. THAT THAT I
THINK THE USE THAT RIGHT BUT I
WASN'T LISTENING OF COURSE IF I
SHOULD HAVE BUT ARE YOU COME TO
A FIVE AND IT'S INTERESTING A
LOT OF A LOT OF THUMBS UP IN A
LOT OF HIGH FIVES AND A FEW OF
THE COMMENTS THAT HAVE. BEEN
PROVIDED- FOR BASED ON YOUR
SERVICE TO DATE SO I THINK THAT
THAT CERTAINLY ARE SAYS A WELL
OF YOU AND- OF YOUR SERVICE TO
DATE- SO- LET ME ASK YOU JUST A
COUPLE QUESTIONS THAT I THINK
WE'RE PART OF THE ORIGINAL
INTERVIEWS YOU HAD WAS STAFF.
ARE INTERESTING TO ME AND THAT
HAS TO DO WITH ANY OF IT
RELATED. APPEALS BEFORE THE
BOARD OR ANY AB FIVE- INCREASE
OR ANY OF THOSE COMING FORWARD
BECAUSE I THINK THERE WAS A
CONCERN EXPRESSED. THAT THE
BOARD COULD BE OVERWHELMED IF
BOTH CALM AND MATH. AT ANY
PARTICULAR TIME ESPECIALLY THOSE
WHO ARE. STILL IN THE PANDEMIC
AND WE'RE STILL CONCERNED ABOUT
HAVING ADEQUATE STAFF. TO HANDLE
OUR WORK YEAH CERTAINLY IN ANY
AGENCY SO. IF YOU COULD SHARE
THAT WITH US THAT WOULD BE ON
QUESTION. ONE FOR ME AND I HAVE
JUST ONE OTHERS. BOB IT WANNA
LET YOU KNOW THAT YOUR SERVICE
TO DATE CERTAINLY HAVE. GOT YOU
ON. AN A GRADE. MAYBE IN A
MINUTE WITH SAM BUT- FROM MY
READING IT LOOKS PRETTY CLOSE A
- OKAY WELL I APPRECIATE THAT
SENATOR THANK YOU VERY MUCH-
FIRST WITH RESPECT TO CALL COULD
CLAIMS WE REALLY HAVE NOT SEEN.
A CASES ON THE MERITS OF A CLAIM
FILED BY A WORKER THAT THEY
CONTRACTED COVERT AS A RESULT OF
WORK ACTIVITIES. WE HAVE HAD
SOME CASES CHALLENGING SOME OF
THE PROCEDURES THAT WERE
INSTITUTED TO KEEP CASES MOVING
FORWARD DURING THE PAN.
REGARDING REMOTE HEARINGS AND
UNDER WHAT CIRCUMSTANCES THOSE
WOULD BE APPROPRIATE TO GO
FORWARD OR NOT- IN TERMS OF
CASES ON THE MERITS OF COVED
CLAIMS I THINK THERE ARE
PROBABLY A COUPLE OF REASONS WHY
WE'RE NOT SEEING THEM. YOU KNOW
FIRST THERE ARE SOME
PRESUMPTIONS IN PLACE AND THE
POINT OF PRESUMPTIONS IS WILL BE
TO REDUCE LITIGATION. AT LEAST
AROUND THE THRESHOLD ISSUE OF AN
INJURY ARISING OUT OF AN
OCCURRING IN THE COURSE OF
EMPLOYMENT. ALSO IT TAKES TIME
FOR CASES TO WORK THEIR WAY
THROUGH OUR SYSTEM YOU KNOW THE
CLAIM WAS FIRST MADE THE
EMPLOYER HAS A NINETY DAY PERIOD
TO EVALUATE WHETHER THEY'RE
GOING TO ACCEPT OR DENY THE
CLAIM. IF IT'S ACCEPTED THERE'S
NO NEED FOR LITIGATION AT THAT
POINT AND WE WOULDN'T EVEN COME
INTO OUR LITIGATION SYSTEM UNTIL
THE DISPUTE BETWEEN THE PARTIES.
ONCE THE DISPUTE IS AYE DADDY
DIED AND- WHAT THE- WORKERS
COMPENSATION VERSION OF A
COMPLAINT WHICH IS FILED AN
APPLICATION FOR JUDICATA CLAIM.
IS FILED THEN THERE STILL HAS TO
BE A TRIAL PROCESS WE DON'T GET
THE CASE UNTIL A DECISION ISSUED
AND SOME PARTY IS AGGRIEVED BY
IT SO I THINK JUST YOU KNOW
GIVEN THE TIMING AND- SOME OF
THE DELAYS THAT COME OF IT IS
JUST AND GENDER AND THIS TIME
WE'RE NOT SEEING THOSE CASES.
COME TO US. YET AB FIVE FROM.
YOU KNOW. TWENTY TWO CHANGED
RECOUP FIELD. THAT AND THERE'S
OF COURSE ONGOING LITIGATION
REGARDING THE VALIDITY OF PROP
TWENTY TWO WHICH WE- BOB FROM MY
PERSPECTIVE THANKFULLY ARE NOT
PART OF. BLOOD AS A RESULT OF
THAT I THINK PERHAPS THAT SLOWED
SOME OF THOSE CASES DOWN AND
AGAIN WE REALLY HAVEN'T SEEN
THEM WORK THEIR WAY UP TO US YET
. YET THE YET TO FLOOD TIDE YOU
HAVE CONCERNING RIGHTS. WELL YES
OF COURSE YOU KNOW THE GREAT
UNKNOWN HOW MANY CASES ARE GOING
TO COME OUT WHAT KIND OF ISSUES
ARE THEY GOING TO- REYES HOW ARE
WE GOING TO DEAL WITH THEM. YOU
KNOW WE ARE AS PREPARED AS WE
CAN BE WE'VE INCREASED OUR
STAFFING OVER THE PAST. OF LESS
THAN A YEAR WE'VE BROUGHT ON
BOARD FIVE NEW STAFF ATTORNEYS
WE HAVE A COUPLE POSITIONS
COMING UP SO WE'RE DOING WHAT WE
CAN TO BE READY SYSTEMICALLY FOR
THOSE CASES WHEN THEY REACH US
AND OF COURSE HOW WE ADDRESS
THEM ON THE MERITS WILL ALSO
DEPEND ON THE STATE OF THE LAW
WHEN THEY GET TO US. GOOD I HAVE
THAT'S REALLY ARGUE HERE THAT
THERE IS. CERTAINLY I'D BE
PREPARED TO ATTITUDE THAT'S
GOING ON IN IN THE EVENT OF. A
SECOND QUESTION HAS TO DO WITH
OF THE PROCESS. AND HAVING
PROBABLY ON THE FIRST STEP NOT
SOMETHING THAT WILL BE AN AT.
ISSUE I BELIEVE IF YOU GET A
HUGE NUMBER COMING FORWARD IF
THE QUALIFIED MEDICAL EXAMINER.
REQUIREMENT IN THE FIRST STEP IN
THAT THERE'S A PROBLEM WITH.
HAVING ENOUGH OF THOSE SO. I
SHARE WITH ME YOUR THOUGHTS ON
HOW WE'RE GOING TO GET MORE. Q.
IN ME FOR A PART OF THE SYSTEM.
WELL THE CERTIFICATION AND
SELECTION PROCESS IS ACTUALLY
OVERSEEN BY THE DIVISION OF
WORKERS COMPENSATION WHICH IS
SEPARATE FROM THE W. C. A. B.
BUT BASED ON MY EXPERIENCE YOU
KNOW AS A AS AN ADVOCATE AS A
JUDGE AS SOMEONE WHO'S WORKED IN
ADMINISTRATION THERE IS
DEFINITELY A PROBLEM WITH
FINDING OUT OF QUALIFYING AND
RETAINING DOCTORS TO SERVE IN
THOSE ROLES AND I KNOW THE D. W.
C. HAS QUITE A LOT OF EFFORT
INTO EXAMINING HOW DO THAT-
CHANGING FEE SCHEDULES
INCREASING- SOME OF THE AMOUNTS
THAT DOCTORS CAN BE PAID FOR
VARIOUS PARTS OF THEIR SERVICES.
I THINK I'VE ALSO DONE A GOOD
JOB INCREASING OUR REACH TO
DOCTORS TO TRY TO SOLICIT- THE
INTEREST IN THAT PROGRAM SO
HOPEFULLY THOSE EFFORTS BEAR
FRUIT IF NOT- YOU KNOW I THINK
THAT'S GOING TO REQUIRE
STAKEHOLDERS COMING TOGETHER AND
JUST TALKING ABOUT. ZERO TO DEAL
WITH WHATEVER BOTTLENECKS AND
LOGJAMS RESULT FROM NOT HAVING
ENOUGH DOCTORS. YOU KNOW THE
ISSUE OF- MEDICAL PRACTITIONERS
BUT I WAS WONDERING IF THERE'S A
POSSIBILITY THAT THOSE WHO HAVE
THE OPPORTUNITY TO HAVE THEIR
SCOPE OF PRACTICE EXPANDED
THROUGH LEGISLATION HERE ARE AT
THE LEGISLATURE HAS THERE BEEN.
IT DOESN'T HAVE TO BE AN M. D.
BY BY DEFINITION OR BY BY BY LAW
IT WILL CHIROPRACTORS CAN ACT AS
Q. I MAYES OKAY THAT'S- ACTUALLY
AN AREA OF SPECIALIZATION THAT
PARTIES CAN REQUEST- JUST AS AN
EXAMPLE SO BOB IT'S NOT LIMITED
SPECIFICALLY TWO M. DIS WHICH I
THINK DOES YOU KNOW HELP WITH
BROADENING THE POOL OF
PRACTITIONERS YOU CAN DRAW FROM.
GOOD IDEA I DIDN'T REALIZE THAT
SO THANK YOU FOR CLARIFYING THAT
BECAUSE I THOUGHT MAYBE WE NEED
TO REACH OUR TO ANOTHER POOL OR
EXPAND THE POOL SO THAT WE DON'T
DELAY IN TERMS OF THE
EXAMINATION WHEN WE HAVE OUR
WORKERS WHO ARE INJURED AND
AWAITING A DECISION ARE VERY
DIFFICULT TO YOU KNOW TO GET THE
TREATMENTS THAT THEY NEED SO
THEY CAN GET BACK. TO WORK OR
JUST- YOU KNOW I'D THEIR DAILY
LIVING ACTIVITIES AND SOME CASES
ANYWAY THANK YOU SO MUCH. FOR
YOUR ANSWERS AGAIN THANK YOU SO
MUCH FOR YOUR SERVICE AND YOU
WILL HAVE MY SUPPORT TODAY.
THANK YOU SENATOR I THANK YOU
MADAM VICE CHAIR- SENATOR COME
LONGER LET ME GO TO YOU. THANK
YOU MADAM PRO TEM AND- MISTER
LUCKY IT'S GOOD TO SEE YOU AGAIN
THANK YOU FOR TAKING THE TIME. I
THINK IT WAS ON MONDAY FOR US TO
HAVE A BRIEF CONVERSATION. WHEN
YOU'RE COOPED UP THAT THE DAY'S
KINDA WHO KNOWS WHAT DAY IT IS-
I. JUST WANTED TO ASK WE TALKED
A LITTLE BIT ABOUT THIS WHEN WE-
HAD OUR DISCUSSION AND YOU DID
MENTION THAT YOU HAVE SEEN AN
INCREASE IN THE STAFF ATTORNEYS
I THINK YOU SAID FIVE. AND SO WE
TALKED A LITTLE BIT ABOUT THAT
JUST MAKING SURE THAT YOU HAVE
THE CAPACITY- TO MANAGE THE CASE
LOADS THAT YOU ALL- WE'RE
FINDING YOURSELVES DEALING WITH
THE S. FIVE NEW ATTORNEYS. JUST
WANTED TO KNOW IF YOU IF YOU
ANTICIPATE ANY CASES. REGARDING
WORKER MISS CLASSIFICATION
WITHIN THE TNC INDUSTRY. GIVEN
THE RECENT OVERTURNED OF PROP
TWENTY TWO. AND YOU CAN BE AS
SPECIFIC AS YOU WOULD LIKE TO
THE TNC INDUSTRY FOR YOU CAN BE
A LITTLE MORE GENERAL AND BROAD.
BUT THE ISSUE IN GENERAL. WELL
YOU KNOW IT'S HARD FOR US TO
KNOW EXACTLY HOW ISSUES ARE
GOING TO COME TO US IF I HAD A
NICKEL FOR EVERY TIME I THOUGHT
I KNEW HOW SOMETHING WAS GOING
TO TEE UP I. MIGHT HAVE A LOT OF
NICHOLS. SO I THINK YOU KNOW
THEY'RE THEY'RE GOING TO COME IN
. THEY IN THE FORM OF YOU KNOW
AN INJURED WORKER. WHO HAS BEEN
CLASSIFIED AS AN INDEPENDENT
CONTRACTOR BY THEIR EMPLOYER
WHO'S BEEN DENIED WORKERS
COMPENSATION BENEFITS- BELIEVES
THAT DATE YOU KNOW MEET WHATEVER
THE STATUTORY DEFINITION. OILS
DOWN TO AFTER YOU KNOW ALL OF
THE DUST SETTLES. ON THE PROP
TWENTY TWO AND EIGHTY FIVE-
LITIGATION AND WE ARE WELL
VERSED IN DOING THAT KIND OF
ANALYSIS THIS ISN'T A NEW ISSUE
THAT JUST CAME UP WITH THE YOU
KNOW RISE OF THE SO CALLED GIG
ECONOMY WE'VE HADTESTS IN PLACE
FOR A LONG TIME SO IT'S FOR US A
MATTER OF TAKING WHATEVER THE
NEW STATE OF THE LAW IS. AND
APPLYING IT TO THE PARTICULAR
SITUATIONS THAT COME BEFORE US.
YES THANK YOU FOR THAT- I THINK
I JOKINGLY. MENTIONED TAKE YOUR
THAT I THOUGHT WORKERS
COMPENSATION KIND OF ON ITS FACE
SEEMS LIKE A RATHER DAHLE. ISSUE
BUT THAT I APPLIED- ATTORNEYS
AND INVESTIGATORS AND REGULATORS
AND FOLKS LIKE YOURSELF WHO HAVE
COMMITTED TO THIS PARTICULAR
INDUSTRY- BECAUSE- WORKER
CLASSIFICATION IS INCREDIBLY
IMPORTANT HAS IS WORKER SAFETY
AND PROTECTIONS. AND MAKING SURE
THAT WE'RE DOING ALL THAT WE CAN
TO ENSURE THAT THERE IS A DUE
PROCESS THAT THERE'S ADEQUATE
REPRESENTATION AND THAT THERE
ARE PROTECTIONS THAT ARE
AVAILABLE TO THOSE THAT ARE
WORKING IN THE STATE OF
CALIFORNIA SO I JUST COMMEND YOU
FOR YOUR WORK ON THIS COMMISSION
AND LOOK FORWARD TO. VOTING I
FOR YOUR CONFIRMATION THANK YOU.
THANK YOU SENATOR. THANK YOU
SENATOR COM LONGER- SENATOR
LAYERED EUROPE. ACTUALLY ARE I
WAS VERY SATISFIED WITH THE
INFORMATION I GOT I THINK THIS
IS A GREAT CANDIDATE I HAVE NO
QUESTIONS I LOOK FORWARD TO
SUPPORTING. THANK YOU PROBABLY
QUESTION SENATOR KAMLAGER ABOUT
WHAT'S BORING RATHER THAN. THE
PERSON UP I FEEL CERTAIN THAT-
CENTER LAYERED MY COMMENT ON
THAT ACTUALLY- I HAVE ONE
QUESTION I'M I'M COGNIZANT
MAYBE- AND THAT WE HAVE ONE MORE
COLLEAGUE A YET TO SPEAK I'LL GO
AHEAD OF HER- BUT- IN TERMS OF-
JUST A GENERAL QUESTION THAT
KIND OF ALONG THE LINE THAT.
SOMETHING YOU'VE HAD JUST ASKING
FOR YOUR OPINION ON A COUPLE OF
THINGS. YOU SEEM TO ME TO HAVE A
UNIQUE PERSPECTIVE GIVEN YOUR
EXPERIENCE AND YOUR BACKGROUND.
DO YOU THINK RECENT REFORM
EFFORTS TO REDUCE THE COST OF
HEALTH CARE BENEFITS HAVE STRUCK
AN APPROPRIATE BALANCE BETWEEN
COST TO EMPLOYERS. AND ACCESS TO
HEALTH CARE FOR INJURED WORKERS
AYE I DON'T KNOW IF YOU THINK OF
THIS LATE AT NIGHT. ARE ALONG
THE LINES OF EXCITEMENT MISS COM
BLOGGER BUT OSCAR. BUT I WOULD
LOVE YOUR PERSPECTIVE ON THAT.
YES YOU KNOW THAT'S THE
FUNDAMENTAL TENSION I THINK
WITHIN THE SYSTEM THE COSTS TO-
CARRIERS IN TWO PLAYERS AND ALSO
THERE'S A COST FACTOR TO INJURED
WORKERS IN THE TIME TAKEN TO
RESOLVE DISPUTES WHILE THEY'RE
NOT ABLE TO WORK WHILE THEY'RE
MAYBE NOT GETTING TREATMENT AND
TO OR OF WAITING FOR SOMETHING
TO BE APPROVED AND YOU KNOW
PEOPLE NOT SHE'S SMARTER AND
MUCH MORE KNOWLEDGEABLE THAN I
AM HAVE SPENT. YEARS PUZZLING
OUT THE BEST WAYS TO RESOLVE
THESE ISSUES I THINK- YOU KNOW
THERE WILL ALWAYS BE OUT THERE
THE POSSIBILITY OF BUILDING A
BETTER MOUSETRAP A BETTER WAY TO
ADDRESS THIS. I DO THINK THAT
ANYTHING THAT EXPEDITES THE
PROCESS ALSO HAS TO COME WITH IT
THE OPPORTUNITY FOR THEIR
HEARING OF THE CONCERNS RAISED
ON BOTH SIDES. AND YOU KNOW I
UNDERSTAND AND APPRECIATE THE
GOALS OF THINGS LIKE UTILIZATION
REVIEW AND INDEPENDENT MEDICAL
REVIEW. TO INJECT OBJECTIVES OF
MEDICAL DECISION MAKING IT INTO
THE SYSTEM. BUT THAT CAN'T COME
AT THE EXPENSE OF FULL
CONSIDERATION OF THE PARTICULAR
CIRCUMSTANCES OF YOU KNOW ANY
INJURED WORKER AND WHAT THEIR
PARTICULAR NEEDS MIGHT BE AND
THAT'S YOU KNOW THAT'S A HARD
BALANCE TO STRIKE. WELL AGAIN I
THINK GIVEN YOUR HISTORY ON THIS
BOARD AS WELL AS- IT IN YOUR OWN
PROFESSIONAL EXPERIENCE I. I
COULDN'T RESIST THE CHANCE TO
ASK AND LET ME GIVE CREDIT TO
STAFF I THINK THAT QUESTION CAME
FROM SOME OF OUR INTERNAL RULES
STAFF I THOUGHT IT WAS AN
EXCELLENT- RECESSION QUESTION TO
GET. FROM SOMEONE OF YOUR
EXPERIENCE. THE LAST ONE I HAVE
A SORT OF ALONG THOSE LINES. IS
IT APPROPRIATE FOR YOU TO
SUGGEST CHANGES TO THE WORKERS
COMPENSATION SYSTEM IF YOU FIND
DEFICIENCIES OF LAW AND IF SO.
HOW WOULD YOU MAKE THOSE
SUGGESTIONS INTO HOME. WELL AS
THE COURT YOU KNOW OUR ROLE IS
TO TAKE THE LAWS THAT YOU THE
LEGISLATURE PASSED. AND APPLY
THEM IN INDIVIDUAL CASES AND
INTERPRET THEM TO THE BEST OF
OUR ABILITY. SO IT'S DIFFICULT
FOR US TO THEN STEP OUT OF THAT
ROLE AND SAY WELL. YOU KNOW WE
THINK THE LAW SHOULD BE ACCESS I
THINK. SOMEONE WHO IS INTERESTED
IN IMPROVING THE SYSTEM COULD
CERTAINLY SIT DOWN LOOK AT OUR
DECISIONS AND IDENTIFY PLACES
WHERE MAYBE YOU THINK WE'VE
GONE. SIDEWAYS FROM WHAT YOUR
INTENT WAS IN ANY PARTICULAR
PART OF THE LABOR CODE. AND YOU
KNOW TAKE ACTION TO ADDRESS THAT
. WELL YOU DIDN'T TAKE THE BAIT
I WAS SIDE YEAH I WAS I WAS
HOPING TO GLEAN FROM YOUR-
THOUGHT PROCESSES YOU'RE
OBVIOUSLY WELL VERSED IN IN IN-
WHAT IS REQUIRED IF YOUR JOB. I
DO APPRECIATE THAT THOUGH- AND-
WITH THAT- I COULDN'T AGREE MORE
WITH MY COLLEAGUES WHO'VE
ALREADY SPOKEN- WITH MY REGARDS
TO THANKS FOR THE WORK THAT
YOU'RE DOING AND THE BOARD THAT
YOU ARE LEADING. SO APPRECIATED-
I'M GONNA ASK MY COLLEAGUE FROM
BAKERSFIELD SENATOR GROWTH.
THANK YOU MA'AM FOR TIME I
APOLOGIZE FOR STEPPING OUT
MISSILE IN SKI I A LOT OF THE
OTHER BOARD MAKE ARE THE OTHER
ROLES MEMBER COMMITTEE MEMBERS I
APPRECIATE YOUR SERVICE TO THE
STATE OF CALIFORNIA AND- THE
BALANCE THAT YOUBRING FROM A
LEGAL STANDPOINT TO THE WORKERS
COMPENSATION APPEALS BOARD. AND
I DO HAVE A QUESTION A FOLLOW
AT- THAT MY COLLEAGUE AT THAT
COULD VICE CHAIR ASKED. SHE
ASKED ABOUT KEY WHITNEY'S- AND
THE INCREASING AS IT HAS THERE
BEEN AN INCREASE IN AMY'S AS
WELL BECAUSE I THINK THAT THAT
WOULD HELP. LIMIT SOME OF THE
CASES THAT WOULD GO TO YOU. IF
AMY SWEAR READILY AVAILABLE IN A
TIMELY MANNER TO. ADDRESS AT
SOME OF THE ISSUES THAT FACE OUR
INJURED WORKERS SAY WHAT THAT
HIS FELLOW ACTOR IN GREED
MEDICAL THANK YOU. SO I GUESS
FOR THE PURPOSES OF- PEOPLE
WATCHING. AT CUNY'S ARE
QUALIFIED MEDICAL EXAMINERS AND
EACH SIDE WILL GET THEIR OWN
QUALIFIED MEDICAL EXAMINER- AND
THEN THERE'S A DISPUTE IF
THEY'RE DOING AGREES THAT THERE
ARE ALSO AMY'S WHICH AGREED
MEDICAL EXAMINERS WERE BOTH
SIDES AGREE ON ONE PERSON AND
THEN. TAKE THAT DECISION THAT
THAT A MEDICAL EXAMINER AGREED
MEDICAL EXAMINER- PUTS FORTH IN
DIDN'T THAT HELPS ELIMINATE SOME
OF THE CASES THAT MAY GO
FORWARD. TO THE WORKERS
COMPENSATION APPEALS BOARD.
RIGHT- SO I NEED TAKE KERR ONE
THING THE SAID. UNDER OUR
CURRENCY EACH SIDE DOESN'T GET
THEIR OWN CHU I MAY. EITHER SIDE
IDENTIFIES A NEED. FOR ANOTHER-
OPINION. FROM BEGINNER SOMEONE
OTHER THAN THE TREATING DOCTOR
THERE'S ACTUALLY A PANEL PROCESS
WHERE A LIST OF THREE DOCTORS IS
ISSUED BY THE DIVISION OF
WORKERS COMPENSATION. RT CAN IN
NAME AND THEN BLAST STANDING
SERVES AS THE TO AND ME OKAY. IN
THE CASE ALL RIGHT OR THEY CAN
AGREED TO ONE OF THE DOCTORS WHO
IS ON THE LAST AGREED MEDICAL
EVALUATORS- THE ARRANGEMENTS
HERE SHE SAID ARE TREMENDOUSLY
HELPFUL BECAUSE THE PARTIES
AGREED AT THE OUTSET THAT
THEY'RE GOING TO ABIDE BY THE
OPINIONS OF THIS DOCTOR. OUR
BOARD HAS NO WAY OF KNOWING HOW
MANY CASES JUST IN THE SYSTEM IN
GENERAL INVOLVED AGREED MEDICAL
EVALUATORS WE STARTED FORTY.
CASES WHERE THERE ARE A AND THE
USE OF THE PARTIES DISAGREE
ABOUT THE VALIDITY OF THE
DOCTOR'S OPINIONS OR MAYBE THEIR
INTERPRETATION OF THEM SO IT'S
NOT FOOLPROOF BUT CERTAINLY YOU
KNOW I THINK THE MORE ARE THE
PARTIES CAN AGREE TO FOLLOW A
PARTICULAR DOCTORS OPINIONS. BUT
LESS LIKELY IT IS THAT THEY'RE
GOING TO COME INTO. OUR
MITIGATION SYSTEM. OKAY THAT
MUCH I'M SORRY I HAD THAT THAT
MADE THE WRONG INFORMATION- I.
E. AT I HAVE A QUESTION ABOUT
THE PRESUMPTION UNDER CO THAT I
KNOW THE GOVERNOR ISSUED AN
EXECUTIVE ORDER FOR THAT
PERCEPTION WHEN IT CAME TO KIND
OF IT. AND IN I ALSO LISTEN TO
YOUR TESTIMONY THAT YOU HAVEN'T
BEEN ABLE TO SEE A LOT OF THOSE
CASES YET. AND IS. IN THIS MAY
NOT IT MAY NOT BE IN YOUR
PURVIEW AND IF IT'S NOT I'M I
APOLOGIZE BUT I'M HOPING YOU DO
HAVE THE ANSWER FOR IT. AND THAT
PRESUMPTION IS THAT PRESUMPTION
A NUMBER ONE STILL IN PLACE AND
NUMBER TWO. DOESN'T HAVE AN
EXPIRATION DATE AND NUMBER
THREE. IS IT GOING AGAINST THE
EMPLOYERS- MODERATE. I DON'T
KNOW WHAT'S HAPPENING WITH
MODERATES THAT'S HANDLED BY THE
WCI ARE BE WHICH IS THE WORKERS
COMPENSATION INSURANCE RATING
BUREAU THEY- YOU KNOW MAKE
RECOMMENDATIONS. ABOUT RATE SO I
DON'T KNOW WHAT'S HAPPENING ON
YOU KNOW THAT SIDE OF THE
LEGISLATURE. RECENSIONS HAVE
SHIFTED OVER TIME WE STARTED AS
YOU MENTIONED WITH AN EXECUTIVE
ORDER FROM GOVERNOR NEWSOM AND
THEN NOW THERE IS- SOMETHING
CODIFIED IN THE LABOR CODE THAT
YOU KNOW ALLOWS OR CREATES
PRESUMPTIONS IN CERTAIN
CIRCUMSTANCES SO I THINK THAT'S
SOMETHING THAT'S GOING TO
CONTINUE TO REVOLVE IS CORRECTED
CELLS INVOLVES. THANK YOU VERY
MATCH- WITH RESPECT TO AB FIVE
AND WORKER I MISS CLASSIFICATION
AND HAS A DIVVY CA BE ISSUED IN
THE M. BACHER SIGNIFICANT PANEL
DECISIONS I'M ASSUMING NOW BASED
ON WHAT YOU CALL SENATOR BAY OUR
SKIS ME MY COLLEAGUES. THE VICE
HERE BECAUSE YOU HAVEN'T SEEN A
LOT OF THOSE CASES YET YES
THAT'S CORRECT SENATOR REID WE
HAVEN'T EVEN ISSUED PANEL
DECISIONS LET ALONE DO YOU KNOW
SIGNIFICANT OR AND BOX. DO YOU
BASED ON THEM I DON'T SEE
SCUTTLED BUT BUT LIKE BASED ON
WHAT'S COMING UP UNDERNEATH THE
DO YOU- DO YOU ANTICIPATE THAT
SOMETHING LIKE THAT COULD TAKE
PLACE THIS YEAR DO YOU THINK
MAYBE MORE LIKE NEXT YEAR. YOU
KNOW IT COULD BE THIS YEAR IT
DEPENDS YOU KNOW I'VE SEEN A
COUPLE OF CASES WHERE. THE
EMPLOYER SIDE HAVE SAID THEY
WANT TO WAIT ON MOVING FORWARD.
UNTIL THE PROP TWENTY TWO.
CONSTITUTIONALITY ISSUE IS
WORKED OUT IF THAT CONTINUES TO
BE. A TREND THAT- YOU KNOW TAKES
HOLD IT'S GOING TO TAKE LONGER
FOR THOSE CASES TO GET TO US
BUT- YOU KNOW THERE THERE COULD
BE A CASE WORKING ITS WAY
THROUGH THE SYSTEM NOW. THAT
PRESENTS THE ISSUES IN SUCH A
WAY THAT WE FEEL IT'S
APPROPRIATE FOR US TO ISSUE WHEN
AND BONTA SO. IN MY CRYSTAL BALL
IS A LITTLE CLARITY ON THE
TIMING FOR THAT. OKAY I
APPRECIATE THAT YOU KNOW AND-
THIS IS AN EXTRAORDINARY
COMMITTEE THAT I'VE HAD THE
HONOR TO SIT ON AND GOVERNOR'S
APPOINTMENTS ARE AT. I CAN TELL
YOU FIFTY FIFTY AND THEN 50%
THAT. IS I THINK IT'S FAIR AND
THEY TAKE CARE OF BOTH SIDES AND
THEIR EQUITABLE. AND THEY USE
REASONABLE JUDGMENT- AND THEN
THE OTHER 50% YOU KNOW THOSE ARE
THE ONES THAT SENATOR BATES AND
I THINK OPPOSED UNANIMOUSLY. AT
BUT YOU ARE SOMEONE THAT I WOULD
BE SO HONORED TO SUPPORT WITH
ALL THAT YOU DO AND HAVE DONE IN
THIS POSITION SO THANK YOU FOR
ANSWERING THOSE. QUESTIONS THANK
YOU VERY MUCH SENATOR. WELL%
THANK YOU I TO MY COLLEAGUES- WE
ARE GOING TO GO TO MEMBERS OF
THE PUBLIC THAT MAY WISH TO
SPEAK IN SUPPORT OR OPPOSITION.
AND WE'RE GONNA START WITH
SUPPORT AND- RIGHT HERE IN ROOM
THIRTY ONE NINETY ONE. I DO NOT
SEE ANYONE APPROACHING THE
HIGHEST TO SPEAK- SO I'M GOING
TO REMIND FOLKS YET AGAIN- FOR
THE- BENEFIT THAT WE HAVE A
PARTICIPANT TOLL FREE NUMBER. IT
IS. EIGHT SEVEN SEVEN TWO TWO
SIX EIGHT ONE SIX THREE. AND
THAT ACCESS CODE IS SEVEN THREE
SIX TWO EIGHT THREE THREE. AND
WITH THAT I'M GOING GO BACK
WHERE MODERATOR. AND SEE IF SHE
CAN T. UP FOLKS WHO WISH TO
SPEAK IN SUPPORT. OF THE PORT.
EVEN GOVERNMENT WOULD TO TALK
AND- THERE WOULD BE. THAT IS.
ONE NINE ZERO FOR SUPPORT. HEY
WE DO HAVE A COUPLE QUEUEING UP
IT WILL BE JUST A MOMENT BY THE
GIVE THEM A LINE NUMBER. AND
MATAMATA WRITER WHILE YOU'RE
QUEUING THEM UP LET ME REMIND
OUR WITNESSES WHEN YOU SPEAK TO
PROVIDE YOUR NAME ORGANIZATION
IF ANY YOUR POSITION ON THE
APPOINTMENT BRIEFLY AND AGAIN ON
BEHALF OF OUR COURT REPORTER
PLEASE SPEAK SLOWLY AND CLEARLY.
THANK YOU. THANK YOU WE WILL GO
TO LINE NUMBER FIFTEEN PLEASE GO
AHEAD. THANK YOU AS MODERATOR I
DON'T PRETEND THAT AFTERNOON.
SENATORS THIS IS ALL PART OF
CHERRY COKE TO BUYING ON BEHALF
OF THE CALIFORNIA AFRICAN
INTERNATIONALS. SUPPORT OF THE
RENOMINATION. I YOU. THANK YOU
VERY MUCH NEXT BAKER. OUR RANGE
WE WILL LOOK FOR MY NUMBER
SIXTEEN PLEASE GO AHEAD. THANK
YOU MY NAME IS STEVE AND PAUL
WALKER I REPRESENT THE
CALIFORNIA UROLOGY SOCIETY THE
CALIFORNIA SOCIETY OF PHYSICAL
MEDICINE AND REHABILITATION- THE
WORKERS COMPENSATION
PRACTITIONERS FROM THE
CALIFORNIA CHIROPRACTIC
ASSOCIATION AS WELL AS THE
INDEPENDENT PHYSICAL THERAPIST
IN CALIFORNIA. IN SUPPORT. THANK
YOU VERY MUCH NEXT SPEAKER. R.
H. WE HAVE NO MORE IN Q. AND
THAT WOULD BE SUPPORT WANTED
THEN ZERO. WE DO NOT HAVE
ANYBODY QUEUING UP MEDICARE
THANK YOU SO MUCH MADE A
MODERATOR WILL BE BACK WITH YOU
IN A FEW MINUTES. SO I'M GONNA
COME BACK INTO THIRTY ONE NINETY
ONE AND HAVEN'T HEARD FROM
SUPPORTERS WE WILL GO TO MEMBERS
OF THE PUBLIC IN OPPOSITION. I
DO NOT SEE ANYONE APPROACHING
THE DIE IS HERE IN ROOM THIRTY
ONE NINETY ONE SO MADAM
MODERATOR I AM COMING BACK TO
YOU ALREADY. IRATE LADIES AND
GENTLEMEN IF YOU ARE IN
OPPOSITION TO PLEASE PRESS ONE
THEN ZERO AT THIS TIME. THAT
WOULD BE ONE ZERO. AND I DO NOT
SHOW ANYBODY QUEUING UP. THANK
YOU SO MUCH FOR YOUR HELP AND
ASSISTANCE TODAY MADAM MODERATOR
WE GREATLY APPRECIATE IT AND
BECAUSE IT'S SO THIS YEAR WELL I
AM GOING TO GO TO SENATOR GROWTH
TO MAKE THE MOTION BECAUSE I SAW
HER. I MAKE A MOTION THANK YOU
FOR A MANAGER YES- I WANTED AN
pGLAD THAT WHEN I CAME IN FRONT
OF THIS COMMITTEE FOR
CONFIRMATION CENTER GROVE WAS
NOT ON IT SO I DON'T GET TO FIND
OUT WHICH BUCKET A 50% I YOU
HAVING SAID THAT- IT TO OUR
CONFEREE LET ME JUST SAY YOU YOU
OBVIOUSLY ARE BETTER THOUSAND
OVER THE FORMER CHAIR OF OUR
FORMER SECRETARY OF NATURAL
RESOURCES- WITH THAT IN A SENSE
OF HUMOR WHICH WE ALL NEED IN
THIS DAY AND TIME- LET ME ASK
MADAM SECRETARY PLEASE CALL THE
ROLL. GROWTH AYE GROVE AYE
KAMLAGER HI KAMLAGER. LAYERED HI
THERE I EIGHT FIVE EIGHT I
ATKINS FIVE PATENTS FIVE FIVE
ZERO IT IS FIVE TWO ZERO
UNANIMOUS WE WILL FORWARD THIS
CONFIRMATION ON TO OUR SENATE
FLOOR. I THANK YOU FOR YOUR TIME
AND CONGRATULATIONS. THANK YOU
VERY MUCH THANK YOU HAVE A GREAT
DAY AND- I WANT TO GO BACK
BECAUSE I THINK WE NEED TO OPEN
THE ROLE- FOR- GOVERNOR'S
APPOINTMENTS ITEM NUMBER ONE HEY
JULIA MONTGOMERY. CALL THE ROLL
SORRY. WICKS WE ONLY HAVE ONE
SENATOR THAT HASN'T- VOTED ON
THAT WE LEFT THE ROLE OPEN FOR
GOVERNOR'S APPOINTEES ONE A-
THERE'D HI THERE I THREE TO TWO
SO THAT IS THREE TO THAT
CONFIRMATION- WILL BE MOVED
FORWARD TO THE SENATE FLOOR. AND
TO MISS MONTGOMERY- OF OUR STAFF
IS SHE IS NOT STILL ON THE LINE
WILL LET HER KNOW WITH OUR
CONGRATULATIONS. OKAY LET'S SEE
WHERE WE ARE. WE ARE AT THE END
OF OUR AGENDA AND WE WILL.
CONCLUDE TODAY'S PUBLIC PORTION
SO I WANT TO SAY THANKS TO ALL
OF THE INDIVIDUALS THAT
PARTICIPATED IN PUBLIC
TESTIMONY. IF YOU WERE NOT ABLE
TO TESTIFIED TODAY YOU CAN STILL
SUBMIT YOUR COMMENTS OR
SUGGESTIONS IN WRITING TO THE
RULES COMMITTEE. CERTAINLY VISIT
OUR WEBSITE FOR INSTRUCTIONS ON
HOW TO DO THAT YOUR COMMENTS AND
SUGGESTIONS ARE IMPORTANT TO US
AND WE WANT TO INCLUDE YOUR
TESTIMONY IN THE OFFICIAL
HEARING RECORDS. SO LET ME THANK
EVERYONE FOR YOUR TIME AND
PATIENCE AND THE SENATE
COMMITTEE ON RULES WILL NOW MOVE
INTO EXECUTIVE SESSION.