Relates to the applicability of the New York state labor relations act if the federal national labor relations board declines jurisdictions it has previously held, determines certain provisions are outside the scope of its duties, cannot execute its duties, or where the national labor relations act is repealed or preempted so as to nullify its effectiveness.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8415
SPONSOR: Bronson TITLE OF BILL:
An act to amend the labor law, in relation to the applicability of the
New York state labor relations act
PURPOSE OR GENERAL IDEA OF BILL:
Establishes the "legal assurance for bargaining, organizing, and repre-
sentation act" which relates to the application of provisions related to
the New York state labor relations act.
SUMMARY OF PROVISIONS:
Section 1: outlines the amendment of the labor law, establishing legal
assurance for employees protected by provisions of the national labor
relations act, in the event that federal preemption is no longer effec-
tive.
Section 2: the effective date.
JUSTIFICATION:
In 1935, Congress passed the National Labor Relations Act ("NLRA"),
making clear that it is the policy of the United States to encourage
collective bargaining by protecting workers' full freedom of associ-
ation. The NLRA protects workplace democracy by providing employees at
private-sector workplaces the fundamental right to seek better working
conditions and designation of representation without fear of retali-
ation.
This bill aims to further enhance these protections by mandating recog-
nition of workers rights and protections on the state level, ensuring
the certification of bargaining and organizing units even after federal
preemption is no longer effective.
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
________________________________________________________________________
8415
2025-2026 Regular Sessions
IN ASSEMBLY
May 14, 2025
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to the applicability of the
New York state labor relations act
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)]
5 (a) employees of any employer who concedes to and agrees with the
6 board that such employees are subject to and protected by the provisions
7 of the national labor relations act or the federal railway labor act;
8 provided, however, that the provisions of this article shall apply to
9 affected employees upon or after the effective date of the chapter of
10 the laws of two thousand twenty-five that amended this section or the
11 date when any of the following events occur:
12 (i) in the event that the national labor relations board:
13 (1) declines jurisdiction over any employer, employees, trade or
14 industry;
15 (2) determines that any of such provisions fall outside the scope of
16 the national labor relations act's coverage; or
17 (3) cannot execute its statutory duties for reasons including but not
18 limited to a lack of quorum; or
19 (ii) in the event that:
20 (1) the national labor relations act is repealed or otherwise narrowed
21 so that it no longer covers a certain type, class, or industry of work-
22 ers; or
23 (2) the preemptive effect of the national labor relations act is no
24 longer effective; or [(2)]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11655-02-5
A. 8415 2
1 (b) employees of the state or of any political or civil subdivision or
2 other agency thereof.
3 2. In the event that subparagraph (i) or (ii) of paragraph (a) of
4 subdivision one of this section become controlling, the board shall,
5 upon application, promptly certify the exclusive bargaining represen-
6 tative of any bargaining unit previously certified by the national labor
7 relations board and whose certification remained in effect until federal
8 preemption was no longer effective. The board shall establish rules and
9 procedures for the prompt verification of evidence of a certification
10 formerly granted by the national labor relations board, which shall
11 include the procedure for petitioning the board, and which shall further
12 provide that, absent exceptional cause, the verification procedure shall
13 last not longer than thirty days after the petition is filed with the
14 board. All existing terms and conditions of employment between a former-
15 ly national labor relations board-certified exclusive bargaining repre-
16 sentative and an employer shall remain in full force and effect through
17 the board's verification process.
18 § 2. This act shall take effect immediately.
