As businesses like SpaceX and Amazon seek to undo the National Labor Relations Board, California unions are trying a novel tactic to preserve labor organizing rights.
They’ve introduced a bill that would give the state a new role in union disputes. Assembly Bill 288 by Assemblymember Tina McKinnor would give the state jurisdiction over union elections, accusations of employer retaliation and other cases between employers and unions — in the event the federal board doesn’t or can’t respond.
The proposal by the Inglewood Democrat is likely to face pushback from businesses and legal challenges, primarily over the question of whether the bill would infringe on federal law.
Experts say because the National Labor Relations Act already governs union organizing rights and the procedures for unionizing for most private-sector workers nationwide, state agencies can’t have jurisdiction.
The California Labor Federation says the state must try to step in as the federal agency is increasingly in the crosshairs of prominent businesses, which have argued in federal court that the agency is unconstitutional, and the Trump administration.
Lorena Gonzalez, president of the California Labor Federation, warned: “We have to be prepared.”
The bill is worded to give the state’s Public Employment Relations Board the power to certify union elections and decide on complaints of unfair labor practices — including the ability to fine employers — only if workers have already filed their cases with the National Labor Relations Board, but didn’t receive “an effective response or remedy within the specified statutory timeframe.”
During the first weeks of his administration, President Donald Trump fired Democratic board member Gwynne Wilcox, depriving the board of a quorum and halting its ability to decide cases. Though hearings were still ongoing, any decisions by administrative law judges that were appealed to the full board were effectively frozen.
Wilcox has since been reinstated at a judge’s order, a board spokesperson confirmed, but the administration is appealing that decision.
The bill would give the state the power to step in if the board loses a quorum again.
Jeanne Kuang is a reporter with CalMatters.
