This month, the National Labor Relations Board (NLRB) initiated legal action against New York and its Public Employment Relations Board (PERB). The board claims the state has enacted unlawful laws that interfere with private labor relations already managed at the federal level.
This lawsuit challenges the provisions of S8034A and A8590A, which purportedly create a conflict with the National Labor Relations Act. The NLRB contends that the laws would erase its power over private sector regulations. Essentially, they want the court to declare these laws void since they’re superseded by the NLRA, based on the supremacy clause in the Constitution.
Additionally, the complaint seeks an injunction to prevent New York from enforcing these laws.
After Gov. Kathy Hochul (D) signed the law during the New York City Labor Day Parade, it amended the state’s labor regulations to empower PERB to oversee collective bargaining agreements and designate representatives for negotiations. The law took effect immediately.
Historically, PERB’s role was focused on labor relations mostly between public employers and their workers. The lawsuit asserts that the state agency’s new mandate encroaches on the NLRB’s jurisdiction, which covers private sector disputes in New York.
The NLRB argues that Congress was aiming for a national framework for labor laws. According to the lawsuit, the newly enacted state law “creates an obstacle to fulfilling the full purposes and objectives set by Congress.”
Both Hochul’s office and PERB have refrained from commenting on the ongoing legal matter.
State Democrat Congressman Jonathan Jacobson, who leads the oversight committee, believes courts should support a law that is limited in scope. He questioned, “How can the NLRB claim jurisdiction with empty positions on their board?”
Since January, there have been numerous vacancies in the NLRB, which hampers its ability to resolve disputes or legal appeals. However, acting advisor William Cowen indicated that the agency is managing to function effectively, despite these gaps.
Democrat Senator Chris Ryan characterized the law as a necessary response to perceived political obstruction from President Trump. He remarked that this legislation allows PERB to “fill in where the federal government has not succeeded.”
Mario Cilento, president of New York’s AFL-CIO, expressed disappointment, stating, “It’s unfortunate that the NLRB would challenge this law instead of focusing on the management of existing labor standards.”
Democratic co-author of the bill, Mika Rusher, commented, “We’ll see you in court,” adding that this law aims to ensure labor protections remain intact in New York.
For more details, access the following lawsuit:
