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States May Face Lawsuits over Secret Ballot Union Laws



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Four states voted in 2010 to require votes for unions to be done by secret ballots. Today the National Labor Relations Board informed the state attorney generals that if they do not move to block the requirement from being implemented, the states will face lawsuits.  From the NLRB’s statement:

Under the 1935 National Labor Relations Act, private-sector employees have two ways to choose a union: They may vote in a secret-ballot election conducted by the NLRB, or they may persuade an employer to voluntarily recognize a union after showing majority support by signed authorization cards or other means.

 The state amendments prohibit the second method and therefore interfere with the exercise of a well-established federally-protected right. For that reason, they are preempted by the Supremacy Clause of the U.S. Constitution. …

The amendments have already taken effect in South Dakota and Utah, and are expected to become effective soon in Arizona and South Carolina.



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