S T A T E O F N E W Y O R K
________________________________________________________________________
7992
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
Introduced by Sen. RAMOS -- read twice and ordered printed, and when
printed to be committed to the Committee 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:
Section 1. Section 715 of the labor law, as amended by chapter 890 of
the laws of 1968, is amended to read as follows:
§ 715. Application of article. 1. The provisions of this article shall
not apply to: [(1)]
(A) employees of any employer who concedes to and agrees with the
board that such employees are subject to and protected by the provisions
of the national labor relations act or the federal railway labor act;
PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS ARTICLE SHALL APPLY TO
AFFECTED EMPLOYEES UPON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF
THE LAWS OF TWO THOUSAND TWENTY-FIVE THAT AMENDED THIS SECTION OR THE
DATE WHEN ANY OF THE FOLLOWING EVENTS OCCUR:
(I) IN THE EVENT THAT THE NATIONAL LABOR RELATIONS BOARD:
(1) DECLINES JURISDICTION OVER ANY EMPLOYER, EMPLOYEES, TRADE OR
INDUSTRY;
(2) DETERMINES THAT ANY OF SUCH PROVISIONS FALL OUTSIDE THE SCOPE OF
THE NATIONAL LABOR RELATIONS ACT'S COVERAGE; OR
(3) CANNOT EXECUTE ITS STATUTORY DUTIES FOR REASONS INCLUDING BUT NOT
LIMITED TO A LACK OF QUORUM; OR
(II) IN THE EVENT THAT:
(1) THE NATIONAL LABOR RELATIONS ACT IS REPEALED OR OTHERWISE NARROWED
SO THAT IT NO LONGER COVERS A CERTAIN TYPE, CLASS, OR INDUSTRY OF WORK-
ERS; OR
(2) THE PREEMPTIVE EFFECT OF THE NATIONAL LABOR RELATIONS ACT IS NO
LONGER EFFECTIVE; or [(2)]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11655-02-5
S. 7992 2
(B) employees of the state or of any political or civil subdivision or
other agency thereof.
2. IN THE EVENT THAT SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION BECOME CONTROLLING, THE BOARD SHALL,
UPON APPLICATION, PROMPTLY CERTIFY THE EXCLUSIVE BARGAINING REPRESEN-
TATIVE OF ANY BARGAINING UNIT PREVIOUSLY CERTIFIED BY THE NATIONAL LABOR
RELATIONS BOARD AND WHOSE CERTIFICATION REMAINED IN EFFECT UNTIL FEDERAL
PREEMPTION WAS NO LONGER EFFECTIVE. THE BOARD SHALL ESTABLISH RULES AND
PROCEDURES FOR THE PROMPT VERIFICATION OF EVIDENCE OF A CERTIFICATION
FORMERLY GRANTED BY THE NATIONAL LABOR RELATIONS BOARD, WHICH SHALL
INCLUDE THE PROCEDURE FOR PETITIONING THE BOARD, AND WHICH SHALL FURTHER
PROVIDE THAT, ABSENT EXCEPTIONAL CAUSE, THE VERIFICATION PROCEDURE SHALL
LAST NOT LONGER THAN THIRTY DAYS AFTER THE PETITION IS FILED WITH THE
BOARD. ALL EXISTING TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN A FORMER-
LY NATIONAL LABOR RELATIONS BOARD-CERTIFIED EXCLUSIVE BARGAINING REPRE-
SENTATIVE AND AN EMPLOYER SHALL REMAIN IN FULL FORCE AND EFFECT THROUGH
THE BOARD'S VERIFICATION PROCESS.
§ 2. This act shall take effect immediately.