Stepping Into A Void? New York Attempts to Extend New York State Labor Relations Act to Private-Sector Employers That Should Be Covered by National Labor Relations Act; NLRB General Counsel Vows to Su

On September 5, 2025, New York Governor Kathy Hochul signed into law what is dubbed a “ NLRB Trigger Bill ” amending the New York State Labor Relations Act. The statute itself is hardly a model of clarity, but its sponsors describe it as an effort to expand the jurisdiction of New York’s Public Employment Relations Board (“PERB”) to fill the gap at the National Labor Relations Board (“NLRB” or “Board”), which currently lacks a quorum and as a result in unable to fully act.

PERB primarily oversees public-sector employers in New York, but also regulates labor relations for private-sector employers within New York where neither the Railway Labor Act nor NLRA provide coverage (such as for agricultural workers.)

Prior to the new statute, the New York Labor Relations Act expressly exclu