Washington just became the latest state to enact a so-called “trigger” labor law, which will allow the state’s labor board to regulate private-sector labor relations if the federal framework fails. The new legislation, which takes effect June 11, is part of a growing effort by states to fill perceived gaps at the federal level – a movement that the National Labor Relations Board strongly opposes and is actively challenging in courts. We’ll explain everything employers need to know, plus what you can expect next.
Overview
Gov. Bob Ferguson signed a bill (HB 2471) into law on March 23 that will expand the power of the state’s Public Employment Relations Commission (PERC) over matters currently reserved for the NLRB under the National Labor Relations Act (NLRA) – if certain triggering conditions are met. HB 2471 emphasizes that protecting workers’ rights under established labor law and maintaining stable labor-management relations is a vital state interest, but the NLRB is pushing back against state efforts like this.
New York and California each enacted similar laws last year, and the NLRB swiftly challenged them in court, arguing that the federal agency has exclusive jurisdiction over private-sector labor relations. Federal courts in New York and California both agreed to temporarily block the respective state laws while the lawsuits play out, signaling that each court believes the NLRB is likely to ultimately succeed on its claims.
This new wave of trigger labor laws is...
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