California Governor Gavin Newsom has signed Assembly Bill 288, a new law designed to safeguard workers’ rights to unionize and collectively bargain if the federal National Labor Relations Board (NLRB) is unable to function under the Trump administration.
The law allows workers to bring cases before the state – including union election disputes – if:
- The National Labor Relations Act is overturned;
- The NLRB is blocked from acting by the administration or the courts;
- Regional offices take more than six months to issue a decision; or
- Appeals to the national board take longer than one year.
The NLRB currently governs union activity in the private sector, while California only has authority over public-sector workers and farmworkers. AB 288 would temporarily expand state oversight if the federal system is stalled.
The measure, sponsored by the California Labor Federation, comes amid heightened tensions over union rights. Earlier this year, a disputed board firing left the NLRB without a quorum, stalling many cases. At the same time, major corporations like Amazon, Starbucks, and SpaceX have challenged the NLRB’s constitutionality in court.
Governor Newsom said the law ensures California can “protect workers and their right to organize” when the federal government fails to act.
Legal challenges are expected. Federal officials have already signaled that state-level takeover of NLRB powers could be deemed unconstitutional, and the Trump administration recently sued New York over a similar statute.
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