NY Court Blocks State Agency from Acting in NLRB's Place

Author: Robert S. Teachout, Brightmine Legal Editor

December 3, 2025

A federal district court has temporarily blocked the New York law allowing the state Public Employee Relations Board (PERB) to assert jurisdiction over private sector labor issues. The ruling prevents potential conflicts between federal and state-level decisions.

The court issued a preliminary injunction barring enforcement of a recent amendment to the New York Labor Relations Act. The amendment grants the PERB authority to assert jurisdiction over union election certifications and unfair labor practice charges in the private sector if the National Labor Relations Board (NLRB) does not successfully assert jurisdiction pursuant to a federal court order.

Amazon requested the injunction to prevent the PERB from hearing a case concerning the firing of a local union vice president at its warehouse in Staten Island, Amazon's only unionized US facility.

The state asserted that the amendment was necessary because the NLRB has been unable to fully perform key functions - such as issuing decisions, certifying elections or promulgating regulations - since the loss of a quorum in January.

The court's November 26 ruling held that the law is likely preempted by the National Labor Relations Act (NLRA), under which the NLRB has exclusive jurisdiction over most private-sector labor disputes. The court also found that Amazon would likely suffer irreparable harm absent an injunction because of conflicts in rulings by the PERB and NLRB on similar issues.

The NLRB also filed a lawsuit to protect its jurisdiction in New York, as well as another in California, which passed a similar law. Both cases remain pending.