News Summary
Governor Kathy Hochul has enacted the ‘NLRB Trigger Bill,’ expanding state labor relations jurisdiction amid NLRB quorum issues. This law faces legal challenges from the NLRB, which argues it infringes on federal authority. With PERB now adjudicating certain private-sector cases, concerns about jurisdictional conflicts and the implications for labor relations loom large, especially as similar proposals emerge in other states.
New York Governor Kathy Hochul has signed a controversial law known as the “NLRB Trigger Bill,” which has sparked an immediate legal challenge from the National Labor Relations Board (NLRB). Signed into law on September 5, 2025, the new legislation amends the New York State Labor Relations Act to expand the jurisdiction of the state’s Public Employment Relations Board (PERB). This change comes in response to the NLRB’s ongoing struggle with quorum issues that have hampered its ability to operate effectively.
The legislation will allow PERB to adjudicate cases concerning certain private-sector employers in cases where the NLRB has not asserted jurisdiction, particularly when no federal court order is in place. Until now, those covered by the National Labor Relations Act (NLRA) were specifically excluded from the New York Labor Relations Act. The move aims to fill the gaps created by the NLRB’s inability to act due to a lack of minimum members necessary for decision-making.
Legal experts have raised concerns regarding the language of the new law, which they describe as confusing. Generally, federal courts do not influence the NLRB’s jurisdiction at the initial stages, raising potential conflicts regarding jurisdictional authority. The NLRB, which traditionally handles private-sector labor issues, has been unable to fulfill its duties following a quorum crisis that originated with the dismissal of a Democratic member under the previous presidential administration.
On September 11, 2025, NLRB Acting General Counsel William Cowen announced plans to initiate a lawsuit against New York, asserting that the new law infringes upon the NLRB’s exclusive authority over private-sector labor matters. There are questions regarding the NLRB’s standing in this legal challenge and how effective the lawsuit will be in blocking the New York statute. Legal analysts predict that further litigation could arise as challengers seek to invalidate state legislation perceived as encroaching on federal jurisdiction.
The NLRB’s complaint emphasizes that the New York law would create a parallel system of regulation that disrupts the NLRB’s operations, thus undermining federal labor law. The case has been filed in the Northern District of New York and seeks a declaratory judgment that the statute is unlawful, accompanied by a request for a court order to prevent its enforcement.
Until the NLRB re-establishes its quorum, which currently hinges on President Biden’s nominations of Scott Mayer and James Murphy to fill two empty seats requiring Senate confirmation, PERB will be tasked with handling unfair labor practices and union elections in the private sector under the new law. This unique situation highlights the fractures in the federal labor relations apparatus, prompting concerns about the implications for labor relations moving forward.
Similar legislative proposals are emerging in states such as California and Massachusetts, where officials are seeking to enable state boards to take charge of private labor disputes. Expectation of legal challenges looms over these initiatives as they potentially infringe upon the NLRB’s exclusive jurisdiction.
The ramifications of the “NLRB Trigger Bill” and the legal battle ahead could significantly impact labor relations in New York, particularly if the NLRB faces ongoing obstacles in restoring its quorum. Governor Hochul’s office, alongside sponsors of the bill, has not addressed the media following the announcement, leaving many questions surrounding the strategic intent and potential fallout of the new law unanswered.
Deeper Dive: News & Info About This Topic
- JD Supra: NLRB Announces Intention to Sue
- Wikipedia: National Labor Relations Board
- Employment Law Worldview: States Move to Address NLRB’s Inability to Act
- Google Search: NLRB legal challenges
- BGov: NLRB Sues to Assert Preemption
- Encyclopedia Britannica: Labor Relations
- Jackson Lewis: States’ Employee-Friendly Labor Laws
- Bloomberg Law: NLRB Plans to Sue New York
Author: STAFF HERE NEW YORK WRITER
NEW YORK STAFF WRITER The NEW YORK STAFF WRITER represents the experienced team at HERENewYork.com, your go-to source for actionable local news and information in New York, the five boroughs, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as New York Fashion Week, Macy's Thanksgiving Day Parade, and Tribeca Film Festival. Our coverage extends to key organizations like the Greater New York Chamber of Commerce and United Way of New York, plus leading businesses in finance and media that power the local economy such as JPMorgan Chase, Goldman Sachs, and Bloomberg. As part of the broader HERE network, including HEREBuffalo.com, we provide comprehensive, credible insights into New York's dynamic landscape.
