Cassidy accuses Hochul of undermining workers’ rights with New York labor-law move
A Republican senator questions New York’s plan to step into private-sector disputes, prompting questions about federal authority and worker protections
WASHINGTON — A top Republican senator on Wednesday accused New York Gov. Kathy Hochul and Democratic lawmakers of trying to undermine workers’ rights by asserting state authority in private-sector labor disputes in the absence of federal mediation. Sen. Bill Cassidy, R-La., who chairs the Senate Health, Education, Labor, and Pensions Committee, fired off a letter to Hochul protesting a law she signed earlier this month empowering Albany to weigh in on private-sector labor matters, including union elections and bargaining battles that had been handled by the National Labor Relations Board.
The measure, Senate Bill 8034A, signed Sept. 5, empowers New York’s Public Employment Relations Board (PERB) to handle issues that previously fell under the purview of the NLRB. The National Labor Relations Act of 1935 protects most private-sector workers’ rights to form and join unions and regulates federal labor-law compliance. The law’s enactment comes as the NLRB—already burdened by a backlog—has faced questions about its ability to operate efficiently in a shifting legal landscape. The agency’s acting counsel, William Cowen, has warned that the backlog is “no longer sustainable,” and the NLRB has pursued litigation against New York to enjoin the new statute.
Amazon.com also weighed in, with the company suing PERB in federal court over a case involving a former Staten Island employee and a local union vice president who was fired, arguing that the NLRB had already begun reviewing the matter. In the background, the NLRB currently lacks a functioning quorum, with only one board member serving instead of the five required. In July, former President Donald Trump nominated Scott Mayer and James Murphy to fill vacancies and reach a quorum, but the Senate has not acted on the nominations. While New York’s measure defers cases to PERB only when the NLRB would otherwise intervene, it also mandates that the state step into issues the federal government has not yet addressed. Democratic supporters contend the law is needed to counter any prospective rollback of labor protections by an inactive NLRB, a point Cassidy contestes by warning it could sow confusion for workers.
“The practical impact of this law will be mistaken filings by well-meaning workers who desire to follow the law and orders from the PERB that imply a worker’s issue has been resolved when, in reality, the correct agency to hear their claim is not aware the claim exists,” Cassidy wrote. “Workers in New York, and across the United States, should be able to assert their rights without confusion or undue difficulty. They should not be expected to be labor law experts.”
Cassidy requested a detailed response by Oct. 8, asking Hochul to explain the law’s impact on workers, its jurisdictional basis, and whether the state would reimburse laborers who must refile claims with the NLRB. The Post reached out to a Hochul spokesperson for comment.
The evolving dispute underscores ongoing questions about how state governments may interact with federal labor-law enforcement in an era of partial NLRB functionality. While proponents say the NY measure helps protect workers amid a stalled federal process, critics warn it could blur lines between state and federal authority and lead to misdirected filings that delay resolution of labor disputes.