Ed Moltzen at The Long Island Business News reports New York’s move to let its State Public Sector Labor Board step in for a paralyzed National Labor Relations Board (NLRB) has ignited a Constitutional fight that could redraw the boundaries of Labor Law authority in the United States. At issue is a law signed by Governor Kathy Hochul in September amending Section 715 of the State’s Labor Law, which authorizes the state Public Employment Relations Board (PERB) to take up Private Sector labor disputes when the NLRB has not “successfully asserted” jurisdiction. It’s led to a pitched battle in Federal Court between the NLRB and the State and the result could have a sweeping impact on how labor disputes are resolved in the future. The NLRB has been unable to meet its three-member quorum for meetings on official action since January, due to vacancies. One of President Donald Trump’s nominees to the NLRB is currently awaiting a vote by the full U.S. Senate and another has been tabled in Committee. There is no hint of when the stalemate could end. That means even if some labor disputes – such as challenges to Union Elections, wind their way through regional NLRB Offices, appeals and final resolutions have to wait for full NLRB votes. New York Legislators and Hochul have taken action to empower PERB to resolve such disputes. The result is a Federal-State fight over who gets that power: NLRB or the States.
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