Labor Relations
California Extends PERB Jurisdiction to Cover NLRA Workers When Federal Enforcement Fails
Updated
Assembly Bill 288, authored by Assemblymember McKinnor, expands the jurisdiction of California’s Public Employment Relations Board (PERB) so that certain private-sector workers can petition the state board to enforce their organizing and collective-bargaining rights when the National Labor Relations Board (NLRB) cedes or loses jurisdiction over their cases. It adds Labor Code sections 923.1 and 1140.6 and amends Labor Code sections 1141 and 1148. The act takes effect January 1, 2026, with several operative provisions phased in through 2027.
Background
The federal National Labor Relations Act (NLRA) governs unfair labor practices for most private-sector employers and vests enforcement in the NLRB, which conducts representation elections and prevents unfair labor practices. Existing California law separately establishes PERB to resolve disputes and enforce collective-bargaining rights for specified public employers and employees.
The Legislature found that the NLRB has become less effective at protecting workers’ rights, citing inadequate funding, understaffing, quorum problems, and legal challenges to the board’s structure. AB 288 responds by giving covered workers a state forum when federal enforcement is unavailable, invoking California’s police power to regulate working conditions within its borders.
What the Law Changes
New Labor Code section 923.1 authorizes a worker to petition PERB to protect organizing and bargaining rights in two situations: where a position that was subject to the NLRA as of January 1, 2025, loses that coverage through legislative, executive, or judicial action; or where the NLRB has expressly or impliedly ceded jurisdiction. The statute defines ceded jurisdiction by specific triggers, including a lack of NLRB quorum and processing delays measured in six-, twelve-, or eighteen-month benchmarks.
Under section 923.1, a covered worker or representative may ask PERB to process a representation petition, certify a bargaining representative, or decide unfair labor practice cases. PERB may conduct elections, order bargaining, order binding arbitration in some circumstances, and grant appropriate relief. Where PERB finds a pattern or practice of unfair practices, it may assess civil penalties of one thousand dollars ($1,000) per worker, per violation, deposited into a new Public Employment Relations Board Enforcement Fund.
AB 288 lets certain private-sector workers petition PERB to enforce their organizing and bargaining rights when the NLRB cedes or loses jurisdiction, and it authorizes PERB to certify representatives, order bargaining, and impose civil penalties.
Phase-In, Case Priorities, and Confidentiality
The statute sets a graduated timeline for the cases PERB must decide. Beginning January 1, 2026, PERB handles bargaining and recognition disputes involving employers of more than 500 employees, plus recognition-withdrawal cases against employers of any size. Coverage expands to employers of any size on July 1, 2026, and reaches good-faith-bargaining and remaining cases on January 1, 2027. When resources are short, the statute directs PERB to process cases according to detailed priority tiers.
To seek relief, a worker must file an unfair practice charge that includes the original NLRB charge and supporting materials where applicable. Section 923.1 requires PERB to keep that documentation confidential as part of its investigatory file and exempts it from the California Public Records Act. The act also amends the Alatorre-Zenovich-Dunlap-Berman Agricultural Labor Relations Act: new section 1140.6 gives the Agricultural Labor Relations Board exclusive jurisdiction over defined administration questions, and amended section 1148 makes NLRA precedents persuasive rather than binding on that board.
What This Means for You
AB 288 creates a California forum, PERB, for certain private-sector organizing and bargaining disputes when the federal board cedes or loses jurisdiction, and it phases in the categories of cases PERB will hear from 2026 through 2027. It touches union representation, recognition, and unfair labor practice matters, and it authorizes civil penalties and confidential handling of certain filings.
I write these summaries as general information about developments in California employment law. They are not legal advice and don’t create a mediator–client relationship. For guidance on a specific matter, consult a qualified attorney.