Federal agency defends its private sector territory

The National Labor Relations Board (NLRB) has filed a lawsuit against New York State and its Public Employment Relations Board (PERB) in federal court, accusing the state of passing an illegal new state law to regulate private sector labor relations that are already under federal authority. The lawsuit claims that the new law, S8034A/A8590A, creates a regulatory system in conflict with the National Labor Relations Act, and asks the court to declare the law invalid and stop the state from enforcing it. The NLRA is supposed to guarantee rights for private sector employees, making the NLRB responsible for preventing unfair labor practices.

ALBANY, N.Y. (NEXSTAR) — On September 12, the National Labor Relations Board sued New York State and its Public Employment Relations Board in federal court. The lawsuit accuses the state government of passing an illegal new state law to regulate private sector labor relations that are already under federal authority.


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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 declare to declare the law invalid because it’s preempted by the NLRA under the Supremacy Clause of the U.S. Constitution. The suit also asks the court for an injunction to stop the state from enforcing the law.

The NLRA is supposed to guarantee rights for private sector employees, making the NLRB responsible for preventing unfair labor practices. Because the NLRB has not ceded authority to the state, those private sector labor disputes should belong to the NLRB because the Supremacy Clause prioritizes federal law takes over state law.


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S8034A/A8590A, signed into law by Governor Kathy Hochul at the New York City Labor Day Parade, amends the State Labor Relations Act to let PERB 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.


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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.

But Democratic Assemblymember Jonathan Jacobson, Chair of the Committee on Oversight, Analysis and Investigation, said the court should uphold the statue, which has a very limited scope. He said 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.”


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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.

Indeed, Democratic State Senator Chris Ryan asserted that the law came in response to political interference from President Donald Trump, who gutted the NLRB to undermine workers’ rights. He said the bill lets PERB “step up where the federal government has failed.”


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And “While not a surprise, it is still disappointing that the NLRB chose to challenge this law rather than focus on administering the [NLRA],” said Mario Cilento, president of the New York State AFL-CIO.

“We’ll see you in court,” added Democratic Assemblymember Micah Lasher, who co-authored the bill. He tweeted that it aims “to ensure that labor protections are preserved in New York State.”


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Take a look at the lawsuit below:

Related video: New labor laws signed to protect workers, promote training in New York: