With the National Board of Labor Relations that did not have a quorum, New York State legislators passed a law this year authorizing the State Public Relations Board to certify representatives of the private industrial Union when the NLRB does not affirm its own jurisdiction. Governor Kathy Hochul (D) signed the First Nation Act earlier this month, and now the retailer NLRB and the online retailer Amazon are asking separately.
In his complaint, NLRB says that state law “creates a parallel regulatory system that diminishes the Congress of Federal Labor Policy designed to be national of reach.” NLRB argues that he has exclusive authority to avoid unjust labor practices that affect trade under the Law of National Labor Relations.
“ Although we respect the role of states in the protection of companies and workers in other areas, the NLRB has exclusive jurisdiction on unjust labor practices in the private sector; legislation like this cannot be reconciled with the Supremacy Clause of the United States Constitution, ” said the General Counsel of the NLRB, William Cowen, in a statement.
Amazon also filed a federal lawsuit against the New York State Public Relations Board on September 22 in Brooklyn to try to prevent authority on a case that involves the company.
NLRB lacked a quorum after President Donald Trump took off his Gwynne Wilcox council member of his five -year term. Wilcox has sought reinstatement to the Council, although in May of the Supreme Court of the United States it was revealed with the Trump administration.
The state representative Harry Bronson, a Rochester Democrat, sponsored the bill in the New York State Assembly, said that the law “establishes significant state -level protections that countered the Trump administration’s attack on workers and the middle class.”
The unions supported the legislation. In a statement, Mario Cilento, President of the New York State, Tap-Cio, praised the action “to ensure a fair process and protect the rights of workers.” But the general contractors associated with the state of New York opposed the bill. Mike Elmendorf, President and CEO of AGC NYS, said they expect the law to not survive a legal challenge.
“I appreciate the policy of why the bill was advanced and became a law, but the NLRB is the referee of what is happening in this space and, if you end with the competing jurisdictions, you end up with confusion and problems not only for contractors, but also businessmen of all kinds,” said Elmendorf.
Massachusetts legislators have considered similar legislation and the California legislature sent a similar bill to Governor Gavin Newsom this week. This measure is still waiting for your signature.
In August, Cowen issued a statement on the matter. He said that NLRB’s work “has been largely affected by the temporary absence of a board quorum,” as regional offices continue to process cases. Most cases are processed without a decision from the Council, he added.
NLRB asks a judge to declare that the New York law is not valid and prevents the state from complying with it.
“ Beyond the fact that this legislation is impeccable, attempts such as confusion, they waste the time of employees, delay the definitive resolution of labor disputes, and increase costs for companies, which in turn will divert resources that can otherwise be used to invest in their employees or create new jobs, ” Cowen said in a statement.
A Hochul representative said that they cannot comment on the outstanding litigation. The Governor signed the bill on September 5, as part of a legislative package focused on workers’ protections.
“Although the Trump administration has not been able to prioritize a strong National Board of Labor Relations and is dismantling the unions on the left and in the right, here in New York we are taking strong actions to protect the rights of workers and sending a clear message that we will always have the back of New York workers,” he said at the time.
New York has not yet filed a formal response to the demand, which NLRB filed in North New York District Court. A Binghamton Federal Magistrate Judge has scheduled an initial conference on December 17.
