Federal & State Regulations | Unfair labor practices - California

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Summary of differences between federal and state regulations

California has several labor relations laws differing from the National Labor Relations Act or Labor-Management Reporting and Disclosure Act regarding union-related unfair labor practices in private sector employment.

Collective bargaining agreements

Under California law, any collective bargaining agreement between an employer and a labor organization is enforceable at law or in equity, and a breach of such collective bargaining agreement by any party is subject to the same remedies, including injunctive relief, as are available on other contracts in the courts of the state.

The state also has provisions for successor employers and successor clauses. Where a collective bargaining agreement between an employer and a labor organization contains a successor clause, such clause is binding upon any successor employer who succeeds to the contracting employer's business.

Also, employers must notify prospective employees of any current strike, lockout, or other labor dispute.

Representation services

California has a State Mediation & Conciliation Service (SMCS) that conducts elections for certification and decertification of labor organizations, agency shop elections, card checks for recognition, and other types of elections related to labor relations.

Public employers

California has specific labor relations laws covering employees of the state’s public schools, colleges, and universities; employees of the State; employees of California local public agencies (cities, counties and special districts); and supervisory employees of the Los Angeles County Metropolitan Transportation Authority.

Agricultural employers

The state also has specific laws governing agricultural labor relations, in the California Labor Code, Section 1140, et seq.