New York State’s labor board will have wider powers to intervene in labor disputes thanks to a new bill signed into law by Gov. Kathy Hochul signed on Saturday.
The law allows the state’s Public Employment Relations Board (PERB) to intervene in private sector labor disputes if the National Labor Relations Board (NLRB) is unable to act, as has been the case for most of 2025.
“This legislation is because of the attacks in Washington by Donald Trump, who is attacking the rights, stacking the NLRB with a bunch of anti-union people,” Hochul said at a signing ceremony during New York City’s Labor Day parade. “We’re going to make sure that we will intercede in these disputes, and that’s what I’m signing right now. New York will stand tall. Washington can’t screw with us.”
The law comes months after President Donald Trump fired an NLRB Board Member Gwynne Wilcox in January. That move left the five-member board without the three-member quorum it needs to make and enforce labor decisions, hobbling NLRB business.
Wilcox is suing to overturn her dismissal, which she argues was illegal. The D.C. Circuit Court of Appeals ruled 7-4 to block her termination, but the Supreme Court paused that court order while it considers the case, effectively leaving the NLRB unable to act. Federal law allows board members to be removed “for neglect of duty or malfeasance in office, but for no other cause.”
Trump named the NLRB’s sole Republican board member, Marvin Kaplan, as chair in January. Kaplan’s term expired last month, leaving the NLRB with one member.
In July, Trump nominated two Republicans to serve on the board, according to Bloomberg. Those nominees are former NLRB lawyer James Murphy and Scott Mayer, the chief labor counsel at Boeing.
The NLRB is responsible for certifying union elections, hearing and deciding unfair labor practice cases, conducting labor violation investigations and facilitating settlements in labor disputes. The new state law would allow the PERB to serve similar functions while the NLRB is unable to act.
“As the current administration continues to sideline longstanding labor institutions like the National Labor Relations Board, it is more important than ever that New York State step up to defend the rights of workers and create fair venues to resolve labor disputes,” PERB Chair Timothy Connick said in a statement Saturday. “PERB stands ready to fill the void left by Trump’s NLRB and protect the rights of workers and organized labor across the state.”
PERB was originally created in 1967 to resolve contract disputes for public employee unions, according to the board’s website. Its purview was expanded in 2010 to enforce some employment protections for private sector employees.
Hochul also signed two bills that are designed to strengthen public sector unions. Those new laws will provide protections for public unions during layoffs and suspensions, and protect public unions from wage reductions due to their involvement in workplace violence investigations.