NLRB Files Lawsuit Against the State of New York to Protect Agency's Jurisdiction

Source: NLRB

September 16, 2025

On Friday, September 12, the National Labor Relations Board (NLRB) filed a lawsuit against the State of New York contesting the validity of S.8034A, signed into law by Governor Kathy Hochul on September 5, 2025. The lawsuit was authorized by Acting General Counsel William B. Cowen, who has delegated authority for such litigation in the absence of a Board quorum. S.8034A amends the State Labor Relations Act and grants the New York Public Employment Relations Board authority to oversee private sector union elections and to investigate and resolve unfair labor practices. The National Labor Relations Board holds exclusive jurisdiction over most private sector labor disputes under the National Labor Relations Act (NLRA), and legislation such as that signed by Governor Hochul is preempted by the NLRA, as explained in Acting General Counsel Cowen’s August 15 press release.

Through the delegation of certain duties to the Acting General Counsel, the Agency has been able to continue its normal operations and fulfill its statutory duties of investigating unfair labor practices and processing representation petitions to the greatest extent permitted by law, largely unaffected by the temporary absence of a Board quorum or a designated Chairman. Thus, however well-meaning, misguided legislation such as S.8034A will ultimately undermine the national framework for protecting employees’ rights that has been in place for ninety years.

“While we respect the important role states play in protecting businesses and workers in other areas, the NLRB has exclusive jurisdiction over unfair labor practices in the private sector; legislation like this cannot be reconciled with the Supremacy Clause of the U.S. Constitution,” said Acting General Counsel Cowen. “Employers, unions, and employees deserve clarity on their legal rights and regulatory obligations. Beyond the fact that this legislation is unmistakably preempted, attempts such as this only create confusion, waste employees’ time, delay the ultimate resolution of labor disputes, and drive up costs for businesses, which in turn will divert resources that may otherwise be used to invest in their employees or create new jobs.”

“For this reason, today I have taken the serious step of initiating legal action against the State of New York to protect the Agency’s jurisdiction and ensure that our nation’s employers, unions and workers have clarity and consistency when it comes to the rights guaranteed to them under the National Labor Relations Act.”

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year.

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