The five-member National Labor Relations Board (NLRB), the main federal labor law enforcement agency, is currently down to just one member and therefore lacks a quorum to act. Democrat-leaning states are using this situation as an excuse to expand the powers of their own labor law agencies to encroach on the NLRB’s jurisdiction.
New York Gov. Kathy Hochul signed a new law on September 5 that says private sector workers fall under the scope of the state’s Labor Relations Act unless the NLRB “successfully assert[s] jurisdiction over any employer, employees, trades, or industries” first. In short, if the NLRB doesn’t act, the state will. The NLRB is challenging the new law.
A bill in the California legislature, AB 288, would allow private sector workers who petition the NLRB and don’t get a response in a specified time frame to instead request the state’s Public Employment Relations Board to step in and act in the NLRB’s stead. The law is being promoted by California’s Teamsters.
“Obviously, we would prefer reforms to federal labor law for the entire country, because a private-sector Amazon worker in Alabama should have the same rights as one in California,” Lorena Gonzalez, president of the California Labor Federation, told Politico. “But we can’t control that right now.” Gonzalez is a former state legislator and the author of AB5, the Golden State’s anti-“worker misclassification” law. It was another effort to tilt the playing field in favor of unions.
Bloomberg reports...
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