The National Labor Relations Board (NLRB) filed a suit against New York State and its Public Employment Relations Board (PERB) earlier this month, accusing the state government of passing an illegal law to regulate private sector labor relations that are already under federal authority.
The suit claims that S8034A/A8590A creates a regulatory system in conflict with the National Labor Relations Act, alleging that it usurps the NLRB’s authority to regulate the private sector. It wants the court to declare the law invalid because it’s preempted by the NLRA under the Supremacy Clause of the U.S. Constitution.
The complaint also asks the court for an injunction to stop the state from enforcing the law.
S8034A/A8590A, signed into law by Gov. Kathy Hochul (D) at the New York City Labor Day Parade, amends the State Labor Relations Act to allow the PERB to enforce collective bargaining agreements and certify bargaining representatives. It took effect immediately upon being signed.
Previously, PERB mostly oversaw labor relations between public employers and employees. The state agency is supposed to be responsible for administering the New York State Labor Relations Act. Now, the law makes NLRB seek a federal court order to assert jurisdiction over private sector labor disputes in New York, according to the lawsuit.
Ultimately the NLRB argued that Congress intended for centralized, uniform labor laws across the country. The lawsuit says the new state law “stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”
Hochul’s office and PERB both declined to comment on pending legislation.
Democratic State Assembly member Jonathan Jacobson, chair of the state’s Oversight Committee, said the court should uphold the statue, which has a very limited scope. He added that it only lets PERB step in “when the [NLRB] is unable to assert its jurisdiction—such as when there are vacancies on the NLRB and it cannot act because there is no quorum.”
Since January, the five-member NLRB has had too many empty seats to decide on disputes or legal appeals. But Acting General Counsel William Cowen said that the federal agency is mostly unaffected by temporarily not having enough members to make decisions, still operating effectively through regional offices.
Democratic State Sen. Chris Ryan asserted that the law came in response to political interference from President Trump, who he claimed gutted the NLRB to undermine workers’ rights. He said the bill allows PERB to “step up where the federal government has failed.”
“While not a surprise, it is still disappointing that the NLRB chose to challenge this law rather than focus on administering the [NLRA],” Mario Cilento, president of the New York State AFL-CIO, said in response.
“We’ll see you in court,” Democratic Assembly member Micah Lasher, who co-authored the bill, said. He said in a post online that the legislation aims “to ensure that labor protections are preserved in New York State.”
Take a look at the lawsuit below:
