Employment: labor organization.

Assembly Member McKinnor's labor rights legislation expands the Public Employment Relations Board's (PERB) authority to protect workers when federal mechanisms prove inadequate. The bill authorizes PERB to intervene when the National Labor Relations Board (NLRB) cannot effectively enforce worker organizing and collective bargaining rights due to lack of quorum, insufficient resources, or prolonged delays.

Under the proposed framework, PERB gains the power to certify bargaining representatives, adjudicate unfair labor practice cases, and mandate binding mediation when negotiations stall. Workers may petition PERB if they have not received NLRB determinations within statutory timeframes or if they lose NLRB coverage due to federal changes. The bill establishes specific criteria defining worker eligibility for PERB intervention, including situations involving delayed union elections, unresolved election challenges, and prolonged first contract negotiations.

To support these expanded responsibilities, the legislation creates the Public Employment Relations Board Enforcement Fund to collect civil penalties imposed for violations. These funds would be available through legislative appropriation to address PERB's increased workload. The bill includes provisions for returning cases to NLRB jurisdiction if federal capabilities are restored, maintaining coordination between state and federal labor relations authorities.