Overview
Changes under the Trump Administration have put federal priorities in conflict with New York’s constitutional commitment to protect workers’ rights to organize and bargain collectively through representatives of their own choosing.
In 2025, the Buffalo Co-Lab worked with New York state legislators to develop amendments to the New York State Labor Relations Act. In June of that year, the New York State Legislature passed Senate Bill S8034, and Gov. Hochul signed the legislation into law on Sept. 5. The law allows employees and unions to seek relief before the New York State Public Employment Relations Board (PERB) as an alternative to the federal National Labor Relations Board (NLRB). The New York statute, originally enacted in 1937, also provides substantially greater protections for organizing than federal law allows.
The legislation was challenged almost immediately: The NLRB filed suit against New York, arguing that the law is preempted by the National Labor Relations Act (NLRA), and Amazon challenged PERB’s jurisdiction after the Teamsters filed an unfair labor practice charge with PERB alleging that the retail giant unlawfully terminated an employee for engaging in union activity. Both cases argue that the New York statute is preempted by federal law. In defending the statute, the ILR School consulted with the New York attorney general’s office regarding the legislative intent of the amendments. In July 2026, a federal district court found the New York statute unconstitutional, as the NLRA preempts it. Appeals are under consideration.
Model Labor Legislation Committee
From April to October 2025, the Buffalo Co-Lab co-chaired a committee of labor lawyers and scholars to develop model state legislation for a “trigger law” that would go into effect if the NLRB were eliminated or became nonfunctional. Interest in this approach has grown rapidly. Several states have enacted – or are actively considering – similar legislation that would allow state labor agencies to assume responsibility for matters currently reserved to the NLRB if specified triggering conditions are met.
In September 2025, California enacted AB 288. In March 2026, Washington state enacted HB 2471. Both laws expand state authority over labor relations if the NLRB can no longer effectively perform its statutory responsibilities. Massachusetts is considering similar legislation (H.2086/S.1327), and additional states are exploring comparable approaches.
Impact
With private-sector union density at only 5.9% and meaningful federal labor law reform effectively stalled, federal labor law has increasingly become an impediment to workers’ ability to organize and bargain collectively. As a result, the Buffalo Co-Lab is joining scholars, legislators and worker advocates in developing innovative approaches to protecting collective bargaining rights.
U.S. labor relations have reached an inflection point: Will the federal scheme enacted nine decades ago as part of the New Deal survive, or will labor laws fragment state by state? The Buffalo Co-Lab continues to play a leading role around this topic through research, legislative drafting and policy development.
AUTHOR:
Cathy Creighton, Buffalo Co-Lab director
CONTACT:
Cathy Creighton
Director
cathycreighton@cornell.edu
The Buffalo Co-Lab for Economic Development continues to play a leading role in Buffalo’s resurgence with a more equitable economy. By partnering with Western New York businesses, unions, government, education and community organizations, the Buffalo Co-Lab impacts New Yorkers statewide through workplace health and safety programs, economic development and labor research, immersion experiences for students and many other initiatives.