On September 6, 2025, Governor Hochul signed a package of bills intended to strengthen and expand New York statewide labor protections. The legislation focuses on labor unions who Governor Hochul described as the “lifeblood of New York.” The legislation also appears to be a direct response to actions taken by the Trump Administration. Governor Hochul cites the “dismantling of unions” and weakened state of the National Labor Relations Board (NLRB) as reasons for expanding statewide labor protections.
The Package of Bills:
- Legislation S.8034A/A8590A: the most groundbreaking of the package. This bill authorizes the New York State Public Employment Relations Board to assert jurisdiction over disputes between employers and recognized employee organizations if the NLRB cannot successfully assert jurisdiction. Private sector labor disputes have previously been under the near exclusive jurisdiction of the NLRB. On September 15th the NLRB sued arguing the Bill “unlawfully usurps” the NLRB’s authority under the National Labor Relations Act (NLRA). It remains to be seen if the Bill will be blocked. California and Massachusetts are currently working on passing similar legislation.
- Legislation S.5254/A.6612: protects public unions from a wage reduction due to their involvement in an investigation of a violation of a workplace violence protection program. The purpose is to promote employee involvement in site visits under the Workplace Violence Prevention Act.
- Legislation S.12/A.779: amends the new York Civil Service Law to provide that no provision of Section 80 will modify, replace or supersede any provision of a collective bargaining agreement that provides for greater rights than those required by Section 80 (Section 80 establishes guidelines for the suspension or demotion of public employees when their position is either abolished or reduced.) This is intended to strengthen protections for public unions during times of suspensions and workforce layoffs.
- Legislation S.2457B/A3999B: establishes the Mechanical Insulation Energy Savings Program to provide grants for qualified mechanical insulation expenditures to school districts.
- Legislation A.2730A: mandates contractors and subcontractors performing construction work for covered renewable energy systems to have apprenticeship agreements. Furthermore, thermal energy networks must require contractors and subcontractors to have pre-apprenticeship direct entry providers registered with the New York State Department of Labor.
The package of legislation strengthens union protections and collective bargaining agreements throughout the state. Legislation S.8034A/A8590A may provide a massive shift in how private labor disputes are addressed, however it is likely to be blocked. NLRB v. State of New York should be followed closely.
Brody and Associates regularly advises its clients on all labor management issues, including union-related matters, and provides union-free training. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
