California employers may soon find themselves navigating a new—and legally uncertain—layer of labor law enforcement. Assembly Bill 288 (AB 288), recently introduced in Sacramento, proposes to expand the authority of the California Public Employment Relations Board (PERB), which currently oversees collective bargaining in the public sector. If enacted, AB 288 would allow PERB to hear certain unfair labor practice (ULP) cases involving private-sector workers and take other actions traditionally under the exclusive jurisdiction of the National Labor Relations Board (NLRB).

What AB 288 Would Do

AB 288 empowers private-sector unions and employees to take their disputes to PERB if the NLRB fails to act within statutory timeframes. Specifically, under AB 288, workers could petition PERB to:

• Decide unfair labor practice cases that the NLRB has not resolved within six months;
• Certify a union as the exclusive bargaining representative;
• Order employers to bargain, reinstate terminated workers, or participate in binding mediation; and
• Impose civil penalties, with funds earmarked for PERB’s enforcement efforts.

In short, the bill attempts to create a parallel state enforcement process for rights already guaranteed under the National Labor Relations Act (NLRA).

Why This Matters for California Employers

If AB 288 becomes law, California private employers could face:

• Duplicate forums: Employers may have to defend against ULP charges before both the NLRB and PERB.
• Expanded remedies:...

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