Arizona farm labor laws can be found in A.R.S. § 3-3101 through A.R.S. § 3-3125 and A.R.S. § 23-1381 through A.R.S. § 23-1395. A.R.S. § 3-3101 through A.R.S. § 3-3125 deal with agricultural safety and A.R.S. § 23-1381 through A.R.S. § 23-1395 deal with agricultural employment relations.
Pursuant to A.R.S. § 3-3104, each employer shall furnish to each of his or her employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Each employer shall comply with agricultural safety and health standards and all rules and orders.
Pursuant to A.R.S. § 3-3103, an assistant director for the office of agricultural safety shall be appointed to deal with the planning, design and needs of agricultural operations as the use of such operations relates to the safe, convenient and economic performance of agricultural functions. The assistant director shall develop an agricultural safety education and training program utilizing visits to the workplace of employers to provide education and advice to employers[i].
If the assistant director, after an inspection or investigation, determines that there is reasonable cause to believe that a violation exists the assistant director shall with reasonable promptness recommend to the director that a citation be issued to the employer[ii]. If the director, after an inspection or investigation, issues a citation, the director shall notify the employer by mail, within a reasonable time after termination of the inspection or investigation, of any penalty proposed to be assessed and that the employer has 30 days within which to request a hearing if the employer wishes to appeal the citation or proposed assessment of penalty[iii].
Pursuant to A.R.S. § 3-3113, an employer who knowingly violates the requirements of A.R.S. § 3-3113 or any standard or rule adopted pursuant to A.R.S. § 3-3106, 3-3108 or 3-3109 that violation causes death to an employee is guilty of a class 6 felony, except that if the conviction is for a second or subsequent violation, the employer is guilty of a class 5 felony. A person who knowingly gives advance notice of any inspection to be conducted without authority from the assistant director is guilty of a class 2 misdemeanor. A person who knowingly makes a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained is guilty of a class 2 misdemeanor.
Pursuant to A.R.S. § 23-1383, agricultural employees have the right to self-organization, to bargain directly for themselves, and to form and join or assist labor organizations to bargain collectively through representatives of their own free choosing, or to engage in lawful concerted activity for the purpose of collective bargaining or other mutual aid or protection. Moreover, each such employee has the right, without interference from any source, to refrain from any and all of these activities.
Pursuant to A.R.S. § 23-1384, an agricultural employer has the following management rights:
1)To manage, control and conduct his or her operations, such as the number of farms and their locations, methods of carrying on any operation or practices, kinds of crops, time of work, size and makeup of crews, assignment of work and places of work.
2) To hire, suspend, discharge or transfer employees in accordance with his or her judgment of their ability.
3) To determine the type of equipment or machinery to be used, the standards and quality of work, and the wages, hours and conditions of work. The terms of employment relating to wages, hours, conditions of work and matters of worker safety, sanitation, health and the establishment of grievance procedures directly relating to a job are subject to negotiation.
4) To work on his or her own farm in any capacity at any time.
5) To join or refuse to join any labor organization or employer organization.
Pursuant to A.R.S. § 23-1385, it is an unfair labor practice for an agricultural employer:
1) To interfere with, restrain or coerce employees in the exercise of the rights guaranteed in A.R.S. § 23-1383
2) To dominate or interfere with the formation or administration of any labor organization or contribute financial or other support to it. An agricultural employer shall not be prohibited from permitting employees to confer with him or her during working hours without loss of time or pay.
3) To encourage or discourage membership in any labor organization by discrimination in regard to hiring or tenure of employment or any term or condition of employment.
4) To discharge or otherwise discriminate against an agricultural employee because s/he has filed charges or given testimony.
5) To refuse to bargain collectively with the representatives of his or her employees, subject to A.R.S. § 23-1389.
6) To discharge or otherwise discriminate against any person because s/he has filed charges or given testimony before the board or a court.
7) To threaten to have discharged any agricultural employee, or threaten to have wages of any agricultural employees reduced, solely because of any labor activity.
Pursuant to A.R.S. § 23-1386, an agricultural employment relations board is established that consists of seven members appointed by the governor. Members include representatives of agriculture employers, organized agricultural labor and the general public. The board may prosecute any inquiry necessary to its functions in any part of Arizona. The board may establish offices in such other cities as it deems necessary and shall determine the region to be served by such offices. The board may delegate to the heads of these offices as it deems appropriate its powers under A.R.S. § 23-1389 to determine the unit appropriate for the purpose of collective bargaining, to investigate and provide for hearings, to determine whether a question of representation exists and to direct an election by a secret ballot and to certify, within a reasonable period of time, the results of such election. The board may review any action taken pursuant to the authority delegated by any regional officer on a request for a review of such action filed with the board by any interested party. Any such review made by the board, unless specifically ordered by the board, does not operate as a stay of any action taken by the regional officer. The entire record considered by the board in considering on any such request or review shall be made available to all parties before the consideration or action, and the board’s findings and action thereon shall be published as a decision of the board[iv].
Pursuant to A.R.S. § 23-1390, the board may prevent any person from engaging in any unfair labor practice. If it is charged that any person has engaged in any unfair labor practice, the board, or any agent designated by the board, may issue and cause to be served on the person a complaint stating the charges in that respect and containing a notice of hearing before the board or a member of the board or an administrative law judge at least five days after the serving of the complaint. The person so complained of may file an answer to the original or amended complaint, may appear in person or otherwise and may give testimony at the place and time fixed in the complaint. In the discretion of the board or the member, agent or agency conducting the hearing, any other person may be allowed to intervene in the proceeding and to present testimony. The testimony shall be reduced to writing and filed with the board. Thereafter, in its discretion, the board on notice may take further testimony or hear argument. If on the preponderance of the testimony taken the board determines that any person named in the complaint has engaged in any unfair labor practice, the board shall state its findings of fact and shall issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice and shall take such affirmative action, including reinstatement of employees with or without back pay. The order may further require the person to make reports from time to time showing the extent to which the person has complied with the order. If on the preponderance of the testimony taken the board determines that the person named in the complaint has not engaged in or is not engaging in any unfair labor practice, the board shall state its findings of fact and shall issue an order dismissing the complaint. The board may petition the superior court in any county where the unfair labor practice in question occurred or where the person resides or transacts business for the enforcement of the order and for appropriate temporary relief or a restraining order.
[i] A.R.S. § 3-3124.
[ii] A.R.S. § 3-3110.
[iii] A.R.S. § 3-3112.
[iv] A.R.S. § 23-1387.
