NLRB and New York Agree to Dismiss Lawsuit Based on Permanent Injunction of New York Law Seeking to Usurp Agency Jurisdiction

On September 12, 2025, the National Labor Relations Board (NLRB) filed a lawsuit in the Northern District of New York, challenging S.8034. This law amended the State Employment Relations Act (SERA) to permit New York’s Public Employment Relations Board (PERB) to oversee private sector union elections and unfair labor practices. Since the NLRB has exclusive jurisdiction over most private sector labor disputes under the NLRA, this legislation is preempted by the NLRA, as detailed in then-Acting General Counsel William Cowen’s September 16 press release.  “Misguided legislation such as S.8034A would ultimately undermine the national framework for protecting employees’ rights that has been in place for ninety years,” said then-Acting General Counsel Cowen.

Last week, S.8034 was permanently struck down by the Eastern District of New York in parallel litigation, Amazon.com Services LLC v. New York State PERB. That court granted Amazon’s motion for summary judgment, and declared that S.8034A is unconstitutional, null, and void, and permanently enjoined New York’s Public Employment Relations Board from enforcing the amendment. The Eastern District of New York held that the SERA Amendment is squarely preempted by the NLRA, as interpreted in San Diego Building Trades Council v. Garmon, 359 U.S. 236 (1959). 

“The court’s ruling confirms the position that the NLRB has taken all along - attempts to override NLRB jurisdiction through state law are clearly preempted by federal labor law. While states certainly have important roles in protecting their citizens in other areas, this type of legislation leads to less protection, less consistency in the application of labor law, and runs completely afoul of the United States Constitution,” said General Counsel Crystal S. Carey.

Because New York has stipulated that this judgment is fully binding as to all entities and persons, the parties have stipulated to dismiss, without prejudice, the NLRB’s action in the Northern District of New York.