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Overlapping Jurisdictions: California Enacts Law Allowing State to Resolve Labor Disputes When NLRB Cannot
California has joined New York in enacting a law to allow the state to regulate private sector labor disputes when the National Labor Relations Board (NLRB) is unable to act or declines to do so. Notably, the California law empowers the state public labor agency to certify private sector union elections if the president, the U.S. Congress, or the courts limit the NLRB’s authority, or the agency has “expressly or impliedly” ceded its jurisdiction. The new law raises questions about federal labor law and preemption.
