Allegheny County, PA: Executive Order Attempts to Fill NLRB Gaps

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August 28, 2025

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Quick Look

  • Following in the footsteps of other states, the Allegheny County, Pennsylvania Executive signed the Strengthening Worker Protections in Alleghany County Executive Order in an effort to fill the gap in the event the National Labor Relations Act (NLRA) or its key provisions are repealed, invalidated, or otherwise rendered unenforceable.
  • Other jurisdictions, like New York, that have enacted such laws have faced swift legal challenges from the federal government and Allegheny County’s Executive Order is also expected to be challenged.

Discussion

Following in the footsteps of other states, the Allegheny County, Pennsylvania Executive signed the Strengthening Worker Protections in Alleghany County Executive Order in an effort to fill the gap in the event the National Labor Relations Act (NLRA) or its key provisions are repealed, invalidated, or otherwise rendered unenforceable. The Order directs the county manager to create a program to establish the Office of Worker Protections (OWP). The purpose of the OWP to investigate, protect, and enforce employee rights where there are violations of Allegheny County’s employee protection laws.

 

The primary duties of the OWP are to:

 

  • Conduct outreach and education efforts that effectively reach those workers most likely unaware of their rights, as well as small and medium-sized businesses that may be unaware of their legal obligations.
  • Develop proactive strategies to reach workers and industries where violations are likely high but workers face barriers to filing complaints.
  • Develop partnerships with community organizations that can reach the workers most likely to experience violations.
  • Create a consistent and rigorous investigatory process that uses all of the statutory enforcement tools at the County’s disposal.
  • Implement a system for handling complaints to ensure efficient processing and prioritization aligned with the office’s mission.

 

The Order also empowers the County Manager to establish an Allegheny County Labor Relations Board in the event of a federal rollback of the NLRA. To that end, the County Manager is directed to ensure that workers in the County “enjoy the fundamental right to organize, engage in collective bargaining, and participate in concerted activities for mutual aid and protection.”

 

Other jurisdictions, like New York, that have enacted such laws have faced swift legal challenges from the federal government and Allegheny County’s Executive Order is also expected to be challenged. The main issue is that it is likely preempted by the NLRA and that it conflicts with the Supremacy Clause of the U.S. Constitution which contends that federal law takes precedence when there is a conflicting state law. It remains to be seen whether the Executive Order will be enforceable.

 

Action Items

  1. Review applicable labor protections with legal counsel.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase