Amazon.com has filed a lawsuit against the New York State Public Employment Relations Board (PERB), challenging a new law that grants PERB authority over labor relations in the private sector. The online retail giant argues that Senate Bill 8034A, signed into law by Governor Kathy Hochul in September, represents an unconstitutional overreach, as it usurps the National Labor Relations Board’s (NLRB) primary jurisdiction. Amazon contends the law creates a conflict between state and federal authority, a conflict Congress explicitly aimed to prevent. The company accuses New York of creating an “unconstitutional power grab” by allowing PERB to handle union organizing, collective bargaining, and workplace disputes, even while the NLRB is already investigating similar matters.
The lawsuit, filed in Brooklyn federal court, cites the case of Brima Sylla, a union vice president at Amazon’s JFK8 warehouse in Staten Island, whose August firing is already under NLRB review. PERB has already initiated proceedings based on this case, which Amazon believes highlights the problematic overlap in jurisdiction created by the law. Amazon argues that the law creates a presumption of PERB jurisdiction over all private-sector employers until a court intervenes and proves otherwise, directly contradicting established federal labor law. The company maintains that this action undermines the intended balance of federal and state authority in labor relations.
This action follows a similar lawsuit filed by the NLRB itself against New York to prevent the enforcement of the same law. The NLRB’s Acting General Counsel, William Cowen, previously warned that state-level attempts to address the agency’s backlog due to a lack of a quorum could be legally preempted by federal law. This case underscores the ongoing tension between federal and state authorities in regulating labor practices, particularly amidst a backlog of cases at the NLRB.
The timing of the lawsuit highlights the complexities surrounding labor relations in the current political climate. Governor Hochul cited the NLRB’s lack of a quorum as justification for the new law. Amazon, however, views it as an aggressive attempt by the state to exert control over private sector labor disputes. The outcome of this case will significantly impact the balance of power between state and federal authorities in regulating labor relations within the private sector. PERB and the New York Attorney General’s office have yet to respond to requests for comment.
