GOP Senator Criticizes Gavin Newsom for Taking Federal Authority with New Labor Law

Sen. Cassidy Critiques California’s New Labor Law

Republican Senator Bill Cassidy from Louisiana is taking aim at California Governor Gavin Newsom for recently signing a law he believes oversteps federal authority regarding labor disputes and could ultimately hurt workers.

In a letter sent on Wednesday, Cassidy expressed his concerns over AB 288. This legislation empowers the California Public Employment Relations Board (PERB) to handle worker claims that are typically managed by the National Labor Relations Board (NLRB). Cassidy, who heads the Senate Health, Education, Labor and Pensions (HELP) Committee, cautioned that this new law could complicate the process for workers trying to address complaints against employers or unions that infringe on their rights.

“Workers in California and across the country deserve to assert their rights without facing unnecessary challenges,” Cassidy stated. “They shouldn’t have to become labor law experts or navigate various forums just to protect their claims. This law actually undermines the very goal it claims to promote.”

Moreover, the legislation, which Governor Newsom approved in late September, broadens PERB’s authority significantly. All members of this board are appointed by Newsom himself. Now, workers under the National Labor Relations Act can petition state boards that are empowered to conduct union elections, investigate claims of unfair labor practices, and enforce penalties against employers. It could also allow PERB to impose civil penalties on companies and mandate binding arbitration if they cannot reach an agreement.

Cassidy argued that such changes are unconstitutional, suggesting they might blur the lines of jurisdiction and result in legitimate workers’ claims being mishandled.

William Cowen, the NLRB’s Deputy General Counsel, indicated that legal issues might arise from this law, noting that the agency had previously declared a similar New York law invalid and has already filed a lawsuit against the state as a result. Companies, like Amazon, could potentially challenge California’s law as well.

A significant Supreme Court case from 1959 established that state and local governments cannot regulate actions that the National Labor Relations Act covers. Cassidy emphasized that undermining the NLRB’s authority compromises federal protections for workers.

Proponents of the California law argue it is essential, particularly given the rising number of NLRB petitions and insufficient federal resources. The NLRB is currently lacking a quorum after staffing changes during the Trump administration.