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Committee approves bill allowing state backstop when federal labor board cannot act
Summary
AB 288 would let the California Public Employment Relations Board seek remedies when the NLRB fails to act by its statutory deadlines; committee approved the bill and referred it to Labor and Employment.
Assemblymember McKinner (presenting AB 288) told the committee the bill would preserve California workers’ ability to organize by authorizing the Public Employment Relations Board to act to remedy unfair-labor practices that the federal National Labor Relations Board cannot address because it lacks a quorum or has not acted by statutory deadlines.
Workers who testified in support described protracted employer responses to union organizing campaigns. Brian Weston, an Amazon warehouse worker and Teamsters member, said his team organized a union and then six months passed without timely NLRB action while Amazon refused to recognize or bargain. "It is truly a case of justice delayed, justice denied," Weston said, urging the committee to pass AB 288 to create a state-level backstop when federal remedies are unavailable.
Supporters included an array of labor unions (Teamsters, ATU, UFCW, California Nurses Association, SEIU) and worker witnesses. No organized opposition testified. Committee members praised the worker witnesses and the measure’s aim to protect organizing rights.
Committee action: The committee voted to pass AB 288 and refer it to the Committee on Labor and Employment. The roll showed sufficient ayes; final committee tally indicated the bill advanced with committee support.
Next steps: AB 288 advances to the Assembly Labor and Employment Committee, where staff will analyze legal interaction with federal labor law and any preemption concerns.
