AB 1: California Lets Legislative Staffers Unionize

On October 7, 2023, Governor Newsom announced that he signed the Legislature Employer-Employee Relations Act into law (Assembly Bill (“AB”) 1). The Act permits employees of the Legislature to unionize and collectively bargain with their employers. These employers are the Assembly Committee on Rules and the Senate Committee on Rules.

While the Act places Legislative unfair labor practice charges under the jurisdiction of the Public Employment Relations Board (“PERB”), which administers other public-sector labor-relations statutes, it also limits the remedies that PERB may issue. Namely, the Act prohibits PERB from issuing a decision or order that would intrude upon or interfere with the Legislature’s core function of efficient and effective lawmaking, or the essential operation of the Legislature.

As to impasses in bargaining, any impasses between an employer and a legislative employee union under the Act are subject to a mandatory mediation procedure, and no-strike provisions in any expired memorandum of understanding (“MOU”) between those parties would survive the MOU. Legislative employers may impose their last, best, and final offer through adoption of a resolution.

With the passage of the Act, California joins other states in recognizing the collective-bargaining rights of legislative employees, such as Washington, Oregon, and Massachusetts.

Weinberg, Roger & Rosenfeld intends to host a webinar reviewing the Act in further detail. Interested parties should join the Firm’s newsletter for details.