NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8590A
SPONSOR: Bronson TITLE OF BILL:
An act to amend the labor law, in relation to disputes between employers
and recognized employee organizations
PURPOSE OR GENERAL IDEA OF BILL:
To make sure employees still receive protections guaranteed by the
National Labor Relations Act if the National Labor Relations Board is
unable to successfully assert jurisdiction.
SUMMARY OF PROVISIONS:
Section 1 amends the labor law to state that employees are only excluded
from the provisions of the New York State Labor Relations Act when the
National Labor Relations Board successfully assert jurisdiction over
employers, employees, trades, or industries. In all other circumstances,
the Public Employment Relations Board shall use their verification proc-
ess to promptly certify exclusive bargaining representatives and ensure
any previously negotiated collective bargaining agreements remain in
full force and effect.
Section 2 would provide for the effective date.
JUSTIFICATION:
Given the recent attacks on labor across the nation, New York must
provide protections to everyone across the state. The National Labor
Relations Act simply remaining in place does not guarantee that the
provisions will successfully protect employees. The current federal
administration recently left the Board one member shy of a quorum.
Absent a quorum, the Board lacks the power to take meaningful actions,
such as issuing decisions in representation and unfair labor practice
cases. Under current law the National Labor Relations Act preempts any
attempt to take up these cases at the state level.
This bill intends to give New York the power to protect employees if the
National Labor Relations Board is not fulfilling its duty.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8590--A
2025-2026 Regular Sessions
IN ASSEMBLY
May 21, 2025
___________
Introduced by M. of A. BRONSON, LASHER, JACOBSON -- read once and
referred to the Committee on Labor -- reported and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the labor law, in relation to disputes between employers
and recognized employee organizations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 715 of the labor law, as amended by chapter 890 of
2 the laws of 1968, is amended to read as follows:
3 § 715. Application of article. 1. The provisions of this article shall
4 not apply to: [(1)] (a) employees of any employer who concedes to and
5 agrees with the board that such employees are subject to and protected
6 by the provisions of the [national labor relations act or the] federal
7 railway labor act; [or (2)] (b) employees where the national labor
8 relations board successfully asserts jurisdiction over any employer,
9 employees, trades, or industries pursuant to an order by the federal
10 district court established under article three of the United States
11 constitution; or (c) employees of the state or of any political or civil
12 subdivision or other agency thereof.
13 2. For all other employees, the board shall, upon application and
14 verification, promptly certify the exclusive bargaining representative
15 of any bargaining unit previously certified by another state or federal
16 agency. All existing terms and conditions of employment between a certi-
17 fied exclusive bargaining representative and an employer shall remain in
18 full force and effect through the board's verification process.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13123-02-5
