Overview
- On Nov. 26, Judge Eric R. Komitee granted Amazon a preliminary injunction halting enforcement of SERA amendments that extended PERB jurisdiction to most private employers.
- The court concluded the law is likely preempted by the NLRA under the Supreme Court’s Garmon doctrine and rejected New York’s argument for a “unique circumstances” exception tied to the NLRB’s quorum issues.
- PERB is enjoined from applying the amendments to private-sector matters, while its existing authority over public and agricultural employers remains unchanged.
- A separate NLRB lawsuit challenging New York’s measure continues, and an appeal to the Second Circuit is expected.
- The decision channels new representation and unfair labor practice disputes back to the NLRB, affecting filings such as the Amazon Labor Union case.