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Thursday, November 27, 2025

New York Bill Aiming To Protect Organized Labor Seeks To Overstep The Purpose And Scope Of The NLRA And NLRB - Mondaq

On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14.

Seyfarth Synopsis: On Tuesday, June 17, 2025, the New York State Assembly overwhelmingly approved A8590 / S8034 by a vote of 128-14. This bill, which now heads to Governor Kathy Hochul's desk, aims "[t]o make sure employees still receive protections guaranteed by the National Labor Relations Act if the National Labor Relations Board is unable to successfully assert jurisdiction."

For nearly six months, the National Labor Relations Board ("NLRB" or the "Board") has been without a quorum. This is a result of President Donald J. Trump's dismissal of former-Member Gwynne Wilcox, who continues to challenge the legality of her firing (unsuccessfully thus far). Under the NLRA, three members are required to constitute a quorum of the Board. See 29 U.S.C. § 153(a). Without Wilcox and given the two Member vacancies, the Board remains unable to render decisions. Meanwhile, many employers continue to litigate the constitutionality of the NLRA, claiming for example, that it unduly restricts executive power over the Board and deprives respondent of an argued right to a jury trial.

While Chairman Marvin Kaplan and Member David Prouty await the appointment and confirmation of at least one additional Member (or the reinstatement of Wilcox) to resume their official business, and the constitutional challenges to the Board's structure and procedure are ongoing, the New York...



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