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ARTICLE · 16 SEPTEMBER 2025

When Boards Collide: PERB vs. NLRB And The Compliance Clash

Littler Mendelson
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Unless you've been skipping the news lately, it's no surprise that California and the federal administration don't see eye to eye on many policies, let alone labor relations.

United StatesEmployment and HR
Joy C. Rosenquist
Joy C. Rosenquist
Alexander T. MacDonald
Alexander T. MacDonald
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Unless you've been skipping the news lately, it's no surprise that California and the federal administration don't see eye to eye on many policies, let alone labor relations. Cue AB288 – a bill just passed by the legislature that allows employees to bypass the National Labor Relations Board (NLRB) and go to the California Public Employee Relations Board (PERB). If signed by the governor, this proposal could transform how labor relations is handled in the Golden State—and maybe even elsewhere, if the idea catches on.

How Did We Get Here? The NLRB's No-Quorum Freeze

Since January 2025, the NLRB has lacked a quorum due to the removal of Member Gwynne Wilcox by President Trump, which left only two confirmed members. Without a quorum, the Board has been unable to issue decisions, prompting states like California (and New York1) to propose legislation allowing state agencies to oversee private labor disputes. As of July, the White House nominated two new members—Scott

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