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Panel approves bill to let California backstop NLRB remedies if federal board fails to act
Summary
The Assembly committee approved AB 288, which would authorize the Public Employment Relations Board to provide remedies for unfair labor practice claims when federal National Labor Relations Board action is blocked, a response proponents said was needed after recent removals from the NLRB left it without a quorum.
Assemblymember McKenna introduced AB 288 on March 28, telling the Assembly Committee on Public Employment and Retirement the bill would authorize the Public Employment Relations Board (PERB) to provide relief in cases where federal National Labor Relations Board (NLRB) remedies are not available because the NLRB lacks a quorum or is otherwise unable to act in a timely way.
Proponents framed the measure as a state backstop to protect workers’ rights to organize and bargain collectively in the face of recent federal disruptions. Brian Weston, an Amazon warehouse worker and Teamsters member who testified in support, described organizing at an Amazon facility and urged the Legislature to act after the NLRB had not yet enforced bargaining duties in his case. Janae Roberts, an Amazon delivery station worker and Teamster, also testified that company refusal to bargain and a slow federal response left workers without enforcement of their rights.
Union and worker organizations provided broad support in testimony, and no formal opposition witnesses appeared. Supporters argued AB 288 would preserve workers’ rights in California if federal remedies are delayed or blocked, citing a March 28, 2025 NLRB removal that supporters said deprived the federal board of a quorum.
The committee voted to advance AB 288 to the Assembly Committee on Labor and Employment. The motion carried with affirmative votes from members present; the roll call reflected sufficient ayes and recorded a “not voting” entry for Assemblymember Lackey. The committee record lists the bill as passing out of committee.
Supporters said AB 288 is intended to be respectful of federal law while ensuring California workers do not lose access to remedies because of federal inaction. The bill now moves to the Assembly Labor and Employment Committee.
