Squire Patton Boggs Summer Associate Akshey Mulpuri discusses legislative developments in several states attempting to address the current incapacity of the National Labor Relations Board due to lack of a quorum.
Since January 27, 2025, when National Labor Relations Board (“NLRB” or “Board”) Member Gwynne Wilcox was removed from that position, the NLRB – the federal administrative agency that oversees labor relations matters between private sector employers, employees, and labor unions – has been comprised of only two Senate-confirmed members. As a consequence, the Board has lacked the three-member quorum necessary for it to issue decisions in union representation and unfair labor practice cases. (See our blog here.)
With this incapacity now nearing the half-year mark, several states, including New York, California, and Massachusetts, have introduced legislation that would allow the state to oversee private labor relations matters while the NLRB is unable to act due to the lack of a quorum.
California state assemblymembers passed Assembly Bill 288 (“AB 288”) on June 18, 2025 by a remarkable bipartisan vote of 68-2. The bill, framed as an exercise of the state’s inherent police power to regulate working conditions of workers within its borders, would expand the jurisdiction of California’s Public Employment Relations Board by authorizing employees of private sector employers otherwise subject to the NLRB’s jurisdiction to petition the state’s public sector labor board for...
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