ALBANY, N.Y. (NEXSTAR) — On September 12, the National Labor Relations Board sued New York State and its Public Employment Relations Board in federal court. The lawsuit accuses the state government of passing an illegal new state law to regulate private sector labor relations that are already under federal authority.
The suit claims that S8034A/A8590A creates a regulatory system in conflict with the National Labor Relations Act, alleging that it usurps the NLRB's authority to regulate the private sector. It wants the court declare to declare the law invalid because it's preempted by the NLRA under the Supremacy Clause of the U.S. Constitution. The suit also asks the court for an injunction to stop the state from enforcing the law.
The NLRA is supposed to guarantee rights for private sect