AB 288 – Expands the Public Employment Relations Board’s Jurisdiction to Employees Covered by the National Labor Relations Act Who Are Unable to Obtain Relief From the National Labor Relations Board

The National Labor Relations Act (NLRA) is codified at 29 U.S.C. section 151, et seq. The NLRA establishes the National Labor Relations Board (NLRB) to enforce the protection of private sector employees’ and employer organizations’ rights to organize, engage in collective bargaining, participate in concerted activities, and prevent and remedy unfair labor practices by employers and labor organizations, and oversee the conduct of private sector union representation elections. The NLRB’s authority includes investigating charges, issuing complaints, and adjudicating disputes to enforce these prerogatives.

In California, existing law establishes the Public Employment Relations Board (PERB) to perform functions similar to that which the NLRB performs, but for public employers and employees under various acts regulating collective bargaining. Like the NLRB, PERB has the power and duty to investigate an unfair practice charge and to determine whether the charge is justified and the appropriate remedy for the unfair practice.

AB 288 declares that the NLRB has become less effective at effectuating its intended purpose. To address this issue, AB 288 expands PERB’s jurisdiction to enforce protections for private sector employees, including employees who are covered or would otherwise be covered by the NLRA, but who are denied such protections because the NLRA was either repealed, narrowed, or its enforcement enjoined in a case involving that employee or group of employees, or because the NLRB expressly or impliedly ceded its jurisdiction.

In such circumstances, AB 288 authorizes PERB to retain jurisdiction over cases for which an employee or their representative petitioned PERB to process a representation petition, certify an exclusive bargaining representative, or decide an unfair labor practice case.

AB 288 establishes a phased schedule for PERB to prioritize enforcement matters as follows:

• January 1, 2026 – Cases involving large employers (500 or more employees) that allege a refusal to bargain, a refusal to recognize, or a refusal to give effect to an election certification. Cases involving a unilateral withdrawal of recognition by an employer of any size.
• July 1, 2026 – Cases involving an employer of any size alleging a refusal to bargain, a refusal to recognize, or a refusal to give effect to an election certification.
• January 1, 2027 – Cases alleging that an employer failed to bargain in good faith if the parties have engaged in negotiations for more than six (6) months without reaching an agreement.

Additionally, AB 288 establishes a PERB Enforcement Fund within the State Treasury (Fund). AB 288 authorizes PERB to order appropriate remedies and assess civil penalties in an amount of $1,000 per worker per violation if it finds that an employer has engaged in a pattern or practice of committing unfair practices. Any civil penalty collected pursuant to the law will be deposited into the Fund. The bill authorizes the Legislature to appropriate moneys in the Fund to PERB for purposes of administering the new authority under AB 288.

(AB 288 amends Sections 1141 and 1148, and adds Sections 923.1 and 1140.6 to the Labor Code.)