Unfair Labor Practices: California

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Anthony J. Oncidi and Nayirie Kuyumijan, Proskauer Rose LLP

Summary

• California does not have a generally applicable labor-relations law; however, California has several statutes, which regulate specific sectors of labor-management relations, and these laws include provisions on unfair labor practices. See Employer Unfair Labor Practices; Union Unfair Labor Practices.
• The Agriculture Relations Board (ALRB) oversees the enforcement of unfair labor practice charges under the Agriculture Labor Relations Act. See Penalties for Unfair Labor Practices.
• The National Labor Relations Act (NLRA) does not preempt all state action in labor relations, and California state jurisdiction is determined on a case-by-case basis. See California Court Interpretations of Unfair Labor Practices.
• Judicial review of ALRB decisions declining to issue an unfair labor practice complaint occur in limited circumstances. See California Court Interpretations of Unfair Labor Practices.