The National Labor Relations Board (NLRB), a federal agency with authority over labor disputes, has filed a lawsuit against New York State. The lawsuit challenges a new law enacted earlier this month, which grants the New York Public Employment Relations Board (PERB), a state board, the authority to oversee private union elections and resolve labor disputes if the NLRB lacks a quorum.

The NLRB has filed this litigation arguing that this new law is preempted by the National Labor Relations Act (NLRA) and the Supremacy Clause of the U.S. Constitution, and the state has no legal authority to assert authority over labor matters subject to federal law. The federal government argues that this is not only unconstitutional, but it will create confusion, delay labor dispute resolutions, waste employers’ and employees’ time, and lead to higher legal costs.

NFIB opposed the newly enacted state law for the same reasons outlined in the NLRB’s lawsuit and will be closely monitoring the pending legal action. For more information, visit NLRB Files Lawsuit Against the State of New York to Protect Agency’s Jurisdiction | National Labor Relations Board.