The National Labor Relations Board is suing the state of New York over a recently approved law the agency says wrongfully supersedes federal law.
The law in question authorizes the state Public Employment Relations Board to decide disputes between private employers and recognized employee organizations if the National Labor Relations Board is unable to resolve them in their own capacity. Gov. Kathy Hochul signed the legislation on Sept. 5.
The NLRB said it holds exclusive jurisdiction over most of these types of disputes and they should retain such power.
“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 in a statement. “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.”
The state asserted its law and a few others were signed due in part to a “absence of a functional National Labor Relations Board under the Trump administration.”
The NLRB denies that claim.
Spectrum News 1 has reached out to the state Public Employment Relations Board for comment.