NLRB Threatens To Sue Four States Over Secret Ballot union Laws

The National Labor Relations Board (NLRB) has threatened to sue Arizona, South Carolina, South Dakota and Utah over constitutional amendments guaranteeing workers the right to a secret ballot in union elections. NLRB’s acting general counsel, Lafe Solomon, said the amendments conflict with federal law.

Business groups such as the US Chamber of Commerce, IEC, ABC and the CDW favor the amendments, arguing that secrecy is necessary to protect workers against union intimidation. They are concerned that Congress might enact legislation requiring employers to allow the "card check" process for forming unions instead of secret ballot elections.

The NLRB has sent letters to the Attorney General of each state warning them that their amendments are pre-empted by the supremacy clause of the Constitution and their new laws are unconstitutional. Read More

Phil Kerpen, vice president for policy at Americans for Prosperity said the NLRB's action "shows how determined the board is to accomplish card check by backdoor means, against the wishes of the American people and Congress." Read More.

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