The National Labor Relations Board (NLRB) has filed a lawsuit against New York State and its Public Employment Relations Board (PERB) in federal court, accusing the state of passing an illegal new state law to regulate private sector labor relations that are already under federal authority. The lawsuit claims that the new law, S8034A/A8590A, creates a regulatory system in conflict with the National Labor Relations Act, and asks the court to declare the law invalid and stop the state from enforcing it. The NLRA is supposed to guarantee rights for private sector employees, making the NLRB responsible for preventing unfair labor practices.
The National Labor Relations Board (NLRB) filed a suit against New York State and its Public Employment Relations Board (PERB) earlier this month, accusing the state government of passing an illegal law to regulate private sector labor relations that are already under federal authority.
The suit claims that S8034A/A8590A creates a regulatory system in conflict with the National Labor Relations Act, alleging that it usurps the NLRB’s authority to regulate the private sector. It wants the court to declare the law invalid because it’s preempted by the NLRA under the Supremacy Clause of the U.S. Constitution.
The complaint also asks the court for an injunction to stop the state from enforcing the law.
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