NFIB has submitted an amicus brief in the case Amazon.com Services LLC v. New York State Public Employment Relations Board at the U.S. District Court for the Eastern District of New York. The case addresses whether a New York law expanding state agency authority over private-sector labor relations conflicts with the National Labor Relations Act (NLRA) by taking away authority from the National Labor Relations Board (NLRB).
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, stated, “Navigating the minefield of local regulations on top of state laws on top of federal mandates is an overwhelming burden for small business owners. Congress understood this when they passed the National Labor Relations Act (NLRA) as a way to standardize labor law across the country under the exclusive authority of the NLRB. New York’s recent attempt to wrest control over labor-related matters overtly disregards the intent of Congress and threatens to upend the current system of uniform and cohesive labor relations.”
NFIB’s brief presents two main arguments: first, that section 715 of New York Labor Law, as amended, goes against Congress’s intention for the NLRA to be exclusive, even in situations where the NLRB does not exercise jurisdiction; and second, that this section could disrupt the stability provided by a national, uniform labor law system and cause confusion in labor markets across the country. The brief was filed jointly with Associated Builders and Contractors, Associated General Contractors of New York State, the Business Council of New York State, Inc., the U.S. Chamber of Commerce, and the Washington Legal Foundation.
The NFIB Small Business Legal Center represents small business owners in court cases nationwide. NFIB is currently involved in more than 40 cases at various levels of federal and state courts as well as at the U.S. Supreme Court.
