New York Expands Labor Relations Act to the Private Sector and Immediately Faces Challenges

In response to the prolonged lack of a quorum at the National Labor Relations Board (“NLRB”) and the Supreme Court‘s May 2025 ruling allowing President Trump’s removal of NLRB Chair Gwynne Wilcox to stand (at least for the time being), New York State has enacted legislation, colloquially referred to as the “NLRB Trigger Bill”, to fill the purported gap in protection and enforcement of labor relations laws. The bill, which Governor Hochul signed on September 5, 2025, amends the New York State Labor Relations Act (“NYSLRA”) by expanding its applicability to private sector employees covered by the National Labor Relations Act (“NLRA”) - employees who were previously explicitly excluded from NYSLRA coverage.

The justification for the bill explains that “[g]iven the recent attacks on labor across the nation . . . the National Labor Relations Act simply remaining in place does not guarantee that the provisions [of the NLRA] will successfully protect employees.” As a practical effect, the amendments allow the Public Employee Relations Board (“PERB”), the state agency tasked with overseeing the NYSLRA, to exercise jurisdiction over private sector employers where the NLRB does not “successfully assert jurisdiction”.  The statute is silent as to what it means for the NLRB to “successfully assert jurisdiction.”

Traditionally, PERB’s jurisdiction has been public sector employees or private sector employees not covered by the NLRA or the Railway Labor Act. Now, however, the NLRB Trigger Bill authorizes PERB to oversee private sector union elections for bargaining units previously certified by another state or federal agency and to investigate and resolve private sector unfair labor practices. Such issues have, in the private sector, been the exclusive jurisdiction of the NLRB.

The NLRB has already filed a lawsuit against the State of New York and PERB contesting the validity of the law. The NLRB’s suit, brought in the U.S. District Court for the Northern District of New York, is premised on the claim that the amended law seeks to usurp the NLRB’s exclusive authority and is preempted by the NLRA. The NLRB is seeking a declaratory judgment that the amended law is unlawful and an injunction barring enforcement of it. The court has not yet ruled on the injunction. While the case is still in its infancy, the U.S. Chamber of Commerce has, along with other private organizations, already filed an amicus brief urging the district court to hold that the amended law is preempted by the NLRA. Amazon has also filed a lawsuit in the U.S. District Court for the Eastern District of New York, challenging the law on similar grounds that the amendments unlawfully usurp the NLRA’s jurisdiction. In that case, a union representing certain Amazon employees filed an unfair labor practice charge with PERB when the law was amended, but Amazon contends such charges are already before the NLRB.

We will continue to monitor these cases and any developments at the NLRB. In addition, last week, the Senate Committee on Health, Education, Labor and Pensions voted to approve the nominees for two key roles at the NLRB – Member and General Counsel. If the nominees are confirmed by the full Senate, the NLRB would need one additional Member confirmed to reach a quorum.

Employers with questions about the NYSLRA, the NLRB’s lawsuit, or unionization and employee labor organization efforts in general, should contact Kate Townley at ktownley@fglawllc.com or any other attorney at the Firm. 

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