Responding to the Trump administration‘s hampering of federal regulators, Gov. Gavin Newsom on Tuesday signed a bill greatly expanding California’s power over workplace disputes and union elections.
The legislation, Assembly Bill 288, gives the state authority to step in and oversee union elections, charges of workplace retaliation and other disputes between private employers and workers in the event the National Labor Relations Board fails to respond.
As Newsom signed the worker rights bill, his office drew a sharp contrast with the gridlock in Washington, D.C., where a government shutdown looms.
“With the federal government not only asleep at the wheel, but driving into incoming traffic, it is more important than ever that states stand up to protect workers,” Newsom said in a statement. “California is a proud labor state — and we will continue standing up for the workers that keep our state running and our economy booming.”
The NLRB, which is tasked with safeguarding the right of private employees to unionize or organize in other ways to improve their working conditions, has been functionally paralyzed since it lost quorum in January, when Trump fired one of its board members.
The Trump administration has also proposed sweeping cuts to the agency’s staff and canceled leases for regional offices in many states, while Amazon, SpaceX and other companies brought lodged challenges to the 90-year-old federal agency’s constitutionality in court.
With this law in place, workers unable to get a timely response at the federal level can petition the California Public Employment Relations Board to enforce their rights.
The law creates a Public Employee Relations Board Enforcement Fund, financed by civil penalties paid by employers cited for labor violations to help pay for the added responsibilities for the state labor board.
“This is the most significant labor law reform in nearly a century,” said Lorena Gonzalez, president of the California Federation of Labor Unions. “California workers will no longer be forced to rely on a failing federal agency when they join together to unionize.”
The state’s labor board can choose to take on a case when the NLRB “has expressly or impliedly ceded jurisdiction,” according to language in the law. That includes when charges filed with the agency or an election certification have languished with a regional director for more than six months — or when the federal board doesn’t have a quorum of members or is hampered in other ways.
The law could draw legal challenges over whether the bill infringes on federal law.
It was opposed by the California Chamber of Commerce, which warned that the bill improperly attempts to give California’s labor board authority even as the federal agency’s regional offices continuing to process elections as well as charges filed by workers and employers.
The chamber argued that “courts have repeatedly held that states are prohibited from regulating this space.”
Catherine Fisk, Barbara Nachtrieb Armstrong Professor of Law at UC Berkeley Law counters, however, that in the first few decades of the NLRB’s functioning, state labor agencies had much more leeway to enforce federal labor rights.
She said the law “simply proposes going back to the system that existed for three decades.”
The bill’s author, Assemblymember Tina McKinnor (D-Hawthorne) said the bill will ensure California workers can continue to unionize and bargain.
“The current President is attempting to take a wrecking ball to public and private sector employees’ fundamental right to join a union,”McKinnor said in a statement. “This is unacceptable and frankly, un-American. California will not sit idly as its workers are systematically denied the right to organize.”
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