Senator Jessica Ramos (SD-13) and Assemblymembers Harry B. Bronson (AD- 138) and Micah Lasher (AD-69) held a press conference to call for New York to protect worker rights by passing S8034-A/A08590-A, the “NLRB Trigger Bill.”

The Federal government is responding to a long and concerted effort by wealthy corporations to attack workers’ rights across the nation, including by removing a critical board member on the National Labor Relations Board (NLRB). The current board is now one member shy of a quorum. The Supreme Court ruled that removal was permissible. The Board, which is the federal government’s highest authority when it comes to labor guidelines and oversight, now lacks the power to take meaningful actions, such as issuing decisions in representation and unfair labor practice cases, including safeguarding worker rights. Without quorum, the NLRB will likely experience further reductions in staffing and regulatory powers. Under current law, the National Labor Relations Act preempts any attempt to take up these cases at the state level.

Sponsored by Senate and Assembly Labor Chairs, and Assemblymember Lasher, the NLRB Trigger Bill will give New York the power to step in and protect workers if the NLRB fails to fulfill its duty. It also adds procedures to set clear guidelines ensuring due process and fair resolution in the event of disputes. The legislation has the support of the New York State AFL-CIO and Cornell University School of Industrial and Labor Relations (ILR).

If passed into law, S8034-A/A08590-A, would amend current NYS law to require the New York State Public Employment Relations Board (PERB) to promptly certify bargaining representatives and units previously certified by other state or federal agencies, and uphold any terms and conditions previously agreed upon between employers and bargaining representatives. This legislation would clarify the jurisdiction of PERB regarding its responsibility to administer the New York State Employment Relations Act (SERA) on private sector labor matters.

“With attacks at the federal level, it is up to the states to lead the way and in New York State, we value the rights of our workers, their health and safety on the job, and our strong principles of unionism. A08590-A, which I sponsor in the Assembly, ensures that worker rights and collective bargaining remain protected in New York State,” says Assembly Labor Chair Harry B. Bronson. “New York’s commitment to organized labor and worker rights has resulted in one of the strongest economies in America, and as Assembly Labor Chair, I will always fight to uphold these values. I am proud to work with Senator Ramos, Assemblymember Lasher, NYS AFL- CIO, NYU Wagner Labor Initiative and Cornell ILR to pass legislation which prioritizes the stability of our workforce and economy by protecting worker rights.”

“Federal gridlock shouldn’t freeze workers’ rights. With S8034, we’ll ensure New Yorkers won’t get trumped out of their right to organize, bargain, and demand for better working conditions,” says Chair of Senate Labor Committee Jessica Ramos. “While Washington plays partisan ping-pong with the lives of working people, New York rolls up its sleeves and gets to work protecting our labor force.”

“The dismantling of the National Labor Relations Board has undermined the rights and protections of private sector workers,” said Mario Cilento, President of the New York State AFL-CIO. “To date, the Board does not have a quorum, meaning that it cannot render decisions, and as such, literally cannot function. This is by design, and is yet another example of workers being under attack nationwide. Here in New York, the Union Movement will not allow workers' rights to be ignored, nor their voices to be silenced. If the NLRB cannot or will not fulfill its duties and obligations, then the State of New York will step in to ensure a fair process and protect the rights of working people. I thank Assemblyman Bronson and Senator Ramos for sponsoring this critical legislation.”

"When the federal government abandons its responsibility to protect workers, New York must step up and fill that void. This bill is exactly the kind of proactive legislation we need to ensure that New Yorkers don't pay the price for Washington's relentless attacks on organized labor,” said Assemblymember Micah Lasher. “By empowering our State Public Employment Relations Board to act when the federal board refuses to, we're not just protecting the right to organize, we're protecting working families across the State. I'm proud to stand alongside Assemblymember Bronson and Senator Ramos to sponsor legislation that puts New York workers first."

“In this moment when the federal government is being dismantled, states have an urgent and essential role to play in standing up for workers. This means safeguarding workers’ fundamental right to form and join unions, along with ensuring fair wages and safe working conditions, enacting advances like paid leave, and funding labor enforcement,” said Terri Gerstein, Director of the NYU Wagner Labor Initiative. “S8034 provides a concrete example of how a state can take action to protect working people during this challenging time.”