In summary
A new law backed by California unions gives a state board the right to regulate working conditions and labor rights as the federal labor board’s fate is in limbo.
Welcome to CalMatters, the only nonprofit newsroom devoted solely to covering issues that affect all Californians. Sign up for WhatMatters to receive the latest news and commentary on the most important issues in the Golden State.
California under a law taking effect today seeks to uphold the labor and unionization rights of private-sector employees, as the federal agency that has held that power for decades is in limbo.
But the new law’s future is unclear because the Trump administration is challenging it.
The law, which grants more powers to the California Public Employment Relations Board, is a response to the National Labor Relations Board lacking a quorum.
President Donald Trump fired the NLRB’s chairperson, Gwynne Wilcox, days after he began his second term in January. His two nominees to the board have yet to be confirmed, so the federal board has been without the three members it needs for a quorum for months.
Assemblymember Tina McKinnor, the Inglewood Democrat who wrote the bill, said when the governor signed it in September that “California will not sit idly as its workers are systematically denied the right to organize due to employer intransigence or federal inaction.”
The NLRB sued California over the law in October, saying in its lawsuit that the state is trying to assert authority over “areas explicitly reserved for federal oversight.”
On the legal challenge to the law, Terry Schanz, McKinnor’s chief of staff, referred CalMatters to the state attorney general. Attorney General Rob Bonta’s office is responsible for defending the law in court. A spokesperson for Bonta said the office would have nothing to say about it.
With the NLRB unable to fulfill its duties, states are trying to fill the gap in enforcing the National Labor Relations Act, which Congress passed in 1935. But labor experts contacted by CalMatters do not have high hopes for the California law, which is similar to a law passed in New York this year. They said courts, including the Supreme Court, have ruled that states cannot decide matters pertaining to federal labor law because of preemption, the doctrine that a higher authority of law overrides a lower authority.
They promised “Gold in them thar hills.”
They delivered crushing social rules and taking of property rights and business ownership rights.
Decades of failure and the answer of the Radical Socialist Party (aka Dem) more smothering and taking of individual rights.
You voted for them. You are watching producers of wealth leaving the State. You are the problem, for demanding theft of property and personal rights.
That doesn’t even cover the giving of you money to illegals for medical, welfare, and more.