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Wednesday, November 26, 2025

New York Assembly Passes Bill To Fill Void As NLRB Lacks Quorum, Raising Preemption Concerns - Mondaq

As we previously reported here, since May 22, 2025, the National Labor Relations Board ("NLRB" or "Board") has lacked a quorum of at least three members...

As we previously reported here, since May 22, 2025, the National Labor Relations Board ("NLRB" or "Board") has lacked a quorum of at least three members after the U.S. Supreme Court stayed the reinstatement of former Board Member Gwynne A. Wilcox following her firing by President Trump. As a result, the NLRB cannot issue decisions in representation and unfair labor practice cases. The Board has also been faced with constitutional challenges to its regime. (See here and here.)

To attempt to fill this void, on June 17, 2025, the New York State Assembly overwhelmingly passed legislation—referred to by the co-sponsors as the "NLRB Trigger Bill"—that would amend the New York Labor Relations Act to expand the jurisdiction of the Public Employment Relations Board ("PERB") to essentially step into the role of the National Labor Relations Board ("NLRB" or "Board") for private-sector employers.

Currently, PERB only oversees public-sector employees and private-sector employees that the NLRA (or the federal Railway Labor Act) do not cover, such as agricultural workers.

If signed into law by Governor Hochul, the NLRB Trigger Bill would permit PERB to act in the following ways if the NLRB does not "successfully assert" jurisdiction:

  • Representation Elections: To certify—upon application and verification—"any bargaining unit...


Read Full Story: https://news.google.com/rss/articles/CBMi_AFBVV95cUxPUUFnLUVLaW9ubVBYNkNyUmh4...