NLRB’s New York Law Challenge Must Overcome Technical Hurdles

Sept. 16, 2025, 4:24 PM UTC

The National Labor Relations Board is set to encounter issues of standing and ripeness in its attempt to block New York’s law claiming state authority over private-sector labor disputes.

The agency’s federal court challenge will test whether the state’s Public Employment Relations Board can lawfully adjudicate charges of unfair labor practices and oversee union election disputes, historically the NLRB’s domain under the National Labor Relations Act.

The Democratic sponsors of the measure (S8034) designed it as a response to the board losing its quorum. President Donald Trump fired NLRB Democratic member Gwynne Wilcox in January and Chair Marvin ...

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