Assembly Bill 288, recently passed by the California Legislature and awaiting Governor Newsom's signature, empowers the state labor board to enforce workers' and businesses' rights when the federal NLRB is defunct or inactive, ensuring fair resolution of labor disputes, protection of union rights, and stability for employers and employees alike.
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The California Legislature has passed, and Governor Gavin Newsom should sign, Assembly Bill 288 to protect workers and businesses whom Trump abandoned when he deprived the National Labor Relations Board of a quorum in January by firing one of its members. AB 288 enables California to step up to enforce the rights to unionize and to resolve labor disputes when the federal government no longer can or will.
Under AB 288, when the NLRB fails to act on an unfair labor practice case for six months or is defunct, as the NLRB has been since January when Trump fired NLRB Member Gwynne Wilcox and deprived it of a quorum, workers or businesses can ask the California Public Employee Relations Board to enforce their rights. It serves the interests of business, workers, and the public in resolving disputes without litigation, lockouts or strikes. And it protects workers who are unlawfully fired from having to wait years for the NLRB to be revived so that it can resolve their...
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