Unless you’ve been skipping the news lately, it’s no surprise that California and the federal administration don’t see eye to eye on many policies, let alone labor relations. Cue AB288 – a bill just passed by the legislature that allows employees to bypass the National Labor Relations Board (NLRB) and go to the California Public Employee Relations Board (PERB). If signed by the governor, this proposal could transform how labor relations is handled in the Golden State—and maybe even elsewhere, if the idea catches on.

How Did We Get Here? The NLRB’s No-Quorum Freeze

Since January 2025, the NLRB has lacked a quorum due to the removal of Member Gwynne Wilcox by President Trump, which left only two confirmed members. Without a quorum, the Board has been unable to issue decisions, prompting states like California (and New York[1]) to propose legislation allowing state agencies to oversee private labor disputes. As of July, the White House nominated two new members—Scott Mayer and James J. Murphy—whose confirmations would restore the quorum, though Senate approval is still pending.

What’s Happening Now? California’s Reaction to the Federal Stasis

The state legislature has passed a bill that allows employees seeking assistance from the NLRB to go to the California PERB for relief if they have not received a timely determination or remedy from the NLRB. Employees may also go to the PERB if they are alleging employer actions that interfere with organizing, bargaining, or concerted...

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