"Union Trigger Laws" to Protect Workers if Federal Labor Law

Multiple states are developing contingency legislation to protect private sector collective bargaining rights in the event that the National Labor Relations Act (NLRA) is invalidated by the Supreme Court or rendered unenforceable through administrative neglect. This legislative strategy, termed "union trigger laws," would automatically activate state-level labor protections if federal law no longer preempts state action.

The NLRA, enacted in 1935, currently provides the framework for private sector workers to organize unions, petition for recognition, bargain collectively, and hold employers accountable for anti-union violations. Courts have historically interpreted the law as preempting states from enacting enhanced bargaining protections for workers covered under federal jurisdiction. Union trigger laws would circumvent this preemption by activating only when the NLRA is struck down or ceases enforcement.

The Trump administration's actions have created urgency around these proposals. On January 27, 2025, President Trump fired National Labor Relations Board Chair Gwynne Wilcox, effectively shutting down the top adjudicatory body responsible for enforcing private sector bargaining rights before even nominating replacement members. The administration took nearly six months to name nominees, during which the board lacked a quorum to decide cases.

New York and California are leading the implementation effort, with Massachusetts actively debating similar legislation. Policymakers view these laws as essential safeguards for workers' organizing rights in an environment where conservative courts and hostile administrations threaten to eliminate or severely weaken federal labor protections. The legislation represents a federalism-based approach to preserving collective bargaining as a fundamental worker right at the state level.

Key Points

• "Trigger laws" would activate if NLRA is struck down or becomes unenforceable
• New York and California have enacted versions; Massachusetts debating
• NLRA currently preempts state labor law for private sector workers
• Trump fired NLRB Chair Gwynne Wilcox on January 27, 2025
• Board lacked quorum for nearly six months after firing
• Trump is first president to attempt NLRB member removal
• Conservative court challenges threaten NLRA's constitutionality
• Legislation uses federalism to preserve state-level bargaining rights
• Responds to potential Supreme Court action against federal labor law

Author: Center for American Progress Staff
Source: Center for American Progress
Link: https://www.americanprogress.org/article/union-trigger-laws-101-how-states-can-protect-workers-if-federal-labor-law-falls/