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California’s AB 288 creates a major potential shift in labor-relations enforcement. For the first time, the state’s Public Employment Relations Board (PERB), traditionally limited to public-sector labor disputes, would be able to hear certain private-sector representation petitions and unfair labor practice (ULP) charges when the federal National Labor Relations Board (NLRB) is delayed or unable to act.
Because the NLRB immediately sued California to block the law, its future is uncertain. But employers should prepare for the possibility of a dual enforcement system.
What AB 288 Allows
Under AB 288, a private-sector worker may petition PERB if:
- The worker’s position is covered by the NLRA, and
- The NLRB has “expressly or impliedly ceded jurisdiction,” such as when:
- cases remain pending for more than six months with no action,
- appeals or reviews are stuck for more than 12 months,
- the NLRB lacks a quorum, or
- its authority is temporarily enjoined.
Why Employers Should Pay Attention
AB 288 gives PERB significant new powers, including the ability to:
- conduct representation elections and certify unions,
- adjudicate ULP charges,
- order bargaining,
- impose civil penalties (up to $1,000 per worker per violation), and
- require binding arbitration when bargaining stalls
Recommended Steps for Employers
- Review labor-relations policies and union-activity protocols.
- Train managers and supervisors on employee rights and lawful communications.
- Coordinate with labor counsel early in union campaigns or ULP disputes.
- Monitor the AB 288 litigation and any PERB guidance.
- Review labor-relations policies and union-activity protocols
Bottom line: AB 288 could open the door to state-level oversight of private-sector organizing and bargaining disputes. Even with the law under challenge, employers should be prepared for a more complex and accelerated labor-relations environment.
JMBM’s Labor & Employment attorneys counsel businesses and management on workplace issues, helping to establish policies that address problems and reduce job-related lawsuits. We act quickly to resolve claims and aggressively defend our clients in all federal and state courts, before the Department of Labor, the NLRB, and other federal, state and local agencies, as well as in private arbitration forums. We represent employers in collective bargaining negotiations and arbitration. If you have questions or need guidance on how these changes may affect your business, please contact a JMBM attorney.
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