On September 16, the National Labor Relations Board (NLRB) announced a lawsuit against the State of New York, challenging a recently enacted law empowering state agencies to oversee private-sector union elections and labor disputes in circumstances where the federal government fails to do so. The NLRB lawsuit asserts the New York law “unlawfully usurps” the NLRB’s authority and is preempted by the National Labor Relations Act.

The New York legislation (S.8034A) signed by Governor Kathy Hochul on September 5 authorizes the New York State Public Employment Relations Board to certify existing unions, administer union elections, and adjudicate disputes between employers and labor unions in the event that federal preemption of state labor law no longer applies because the NLRB has ceased to function or no longer exists. The law was passed in response to uncertainty about the current effectiveness and future existence of the NLRB, which has lacked a quorum under the Trump administration and is currently unable to issue decisions. The law would also guarantee continuity of labor rights protections to New York private-sector workers in any future scenario in which additional NLRB functions were eliminated by other threats, such as corporate lawsuits currently challenging the NLRB’s constitutionality and status as an independent agency.

Since the firing of NLRB Board Member Gwynne Wilcox in January, 2025, the five-member Board has lacked a quorum. As of September 2025, the Board has only one remaining member. While much of the NLRB’s work has continued on the regional office level—including conducting union elections and investigating unfair labor practices—cases that need to be addressed by the Board are on an indefinite hold until a quorum is reached. The New York law positions the state to oversee private-sector labor disputes at any point when the NLRB ceases to do so (possibly including but not limited to the current circumstance in which the NLRB is unable to issue decisions) and to take on other duties of the NLRB should its other functions cease in the future.