In a significant development, New York enacted S.8034A, a law that would transform its Public Employment Relations Board (PERB) into a mini-National Labor Relations Board (NLRB). Under the new law, PERB would have new authority to resolve unfair labor practices (ULPs), enforce collective bargaining agreements, and certify unions operating in the private sector.
The five-member NLRB has lacked a quorum since January 2025, leaving it unable to, among other things, decide appeals of administrative law judges' decisions in unfair labor practice cases, resolve disputed issues in representation case proceedings, and finalize proposed regulations. To make matters worse, the NLRB as an agency has long been considered underfunded, and its regional offices are understaffed. By enacting S.8034A, New York signals the state's intent to increase protections for workers while the NLRB continues to operate without a quorum. What's more, New York is not the only state to consider taking such action. California and Massachusetts are also considering legislation that would expand the jurisdiction of those states' public employment relations boards over private-sector employers ordinarily subject to the exclusive jurisdiction of the NLRB.
Under the National Labor Relations Act ("NLRA") the NLRB has exclusive jurisdiction over virtually all private labor relations matters, which is necessary to ensure there is a single set of national standards governing labor relations...
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