ALBANY, N.Y. (AP) — The National Labor Relations Board is taking New York to federal court, arguing the state’s new labor law illegally intrudes on federal authority over private sector unions.
In a lawsuit filed Sept. 12, the NLRB claims that New York’s recently enacted law—S8034A/A8590A—violates the Supremacy Clause of the U.S. Constitution by conflicting with the National Labor Relations Act (NLRA). The federal agency is asking the court to invalidate the law and stop the state from enforcing it.
The law, signed by Gov. Kathy Hochul during the New York City Labor Day Parade, expands the authority of the Public Employment Relations Board (PERB) to certify bargaining representatives and enforce collective bargaining agreements in the private sector. It took effect immediately.
Previously, PERB only handled public-sector labor relations. The NLRB says the state’s move creates a parallel labor system and undermines the uniformity Congress intended under federal law. “This law stands as an obstacle to the full execution of the NLRA,” the agency said in its court filing.
NLRB: Authority Not Delegated
The NLRB emphasized it has not ceded control of private-sector labor matters to any state entity. Despite current vacancies on its five-member board, Acting General Counsel William Cowen said the agency continues to function through its regional offices.
State Defends Law as a Stopgap
Supporters of the law say it’s meant to serve as a backup when the NLRB is unable to act. Assemblymember Jonathan Jacobson, a Democrat and chair of the Committee on Oversight, said the law has a narrow scope and only activates when the NLRB lacks a quorum.
Senator Chris Ryan called the law a response to political interference under former President Donald Trump, who he claims “gutted the NLRB to undermine workers’ rights.”
Pushback from Labor Leaders
Mario Cilento, president of the New York State AFL-CIO, expressed disappointment in the lawsuit, saying the NLRB should focus on enforcing the NLRA instead of challenging worker protections. Assemblymember Micah Lasher, a co-author of the bill, was blunt: “We’ll see you in court.”
As the case unfolds, it raises critical questions about the balance of power between federal and state governments in overseeing union rights and labor practices.
For all the news that the Rockland Daily News is sharing, make sure to follow Rockland Daily News on Facebook.
More: Rockland County News
Ten years of experience reporting. From car chases and courtroom verdicts to House fires, Holsford thrives during breaking news and finds it a privilege to help drive the conversation in Rockland County and the Greater New York Area. Born in San Bernardino, Thomas is a New York boy at heart. He received his bachelor’s degree in broadcast journalism, specializing in political science and sociology, from the University of Illinois
