What's Happening?
California's Assembly Bill 288 (AB 288) seeks to expand the jurisdiction of the California Public Employment Relations Board (PERB) to include certain unfair labor practice cases involving private-sector workers. Currently, PERB oversees collective bargaining in the public sector, while the National Labor Relations Board (NLRB) handles private-sector disputes. AB 288 would allow PERB to intervene if the NLRB fails to act within statutory timeframes, enabling private-sector unions and employees to petition PERB for decisions on unresolved unfair labor practice cases, union certification, employer bargaining orders, worker reinstatement, and binding mediation. The bill also proposes civil penalties to fund PERB's enforcement efforts, creating a parallel state enforcement process for rights under the National Labor Relations Act (NLRA).
Why It's Important?
The introduction of AB 288 could significantly impact California employers by creating duplicate forums for defending against unfair labor practice charges, potentially before both the NLRB and PERB. This expansion of PERB's authority may lead to increased leverage for unions through binding mediation orders and expedited remedies, altering the balance of bargaining power. Employers may face uncertainty in compliance due to overlapping federal and state labor law obligations. The bill challenges federal preemption principles, as the NLRA traditionally preempts state regulation of conduct protected or prohibited under federal labor law. Legal challenges are anticipated, with federal courts likely to address preemption issues.
What's Next?
If AB 288 is enacted, it is expected to face significant litigation before its provisions become enforceable. Employers should prepare for potential delays and review their labor relations policies to ensure compliance with federal law, while remaining ready to adapt to PERB provisions if the bill passes and survives legal challenges. The bill signals California's willingness to test federal labor law boundaries, and employers should stay informed about developments in this area.
Beyond the Headlines
AB 288 represents a bold attempt by California to expand state control over labor relations in the private sector, challenging long-standing federal preemption principles. The bill's introduction comes amid recent federal law developments, including the NLRB's lack of quorum and a Fifth Circuit ruling on the constitutionality of certain NLRA provisions. The legal vulnerability of AB 288 suggests that its enactment could lead to significant shifts in labor law enforcement and employer obligations in California.
