The National Labor Relations Board (NLRB) has sued the State of
Arizona seeking to invalidate a state constitutional amendment
guaranteeing workers the right to hold a secret-ballot election
before a company can be unionized. Under the National Labor
Relations Act (NLRA) private-sector workers can choose a union by
two methods: 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. The former is much more common, and the failed Employee Free
Choice Act (EFCA) legislation had sought to take away the secret
ballot, leading to Arizona's and other states' efforts to
address the issue at the state level. The NLRB argues that the
amendment conflicts with federal labor law and is therefore
preempted by the Supremacy Clause of the United States
Constitution.
In addition to suing Arizona, NLRB Acting General Counsel Lafe
Solomon advised the Attorneys General of three other states with
similar amendments – South Carolina, South Dakota and
Utah – that the new provisions were in conflict with the
NLRA. The agency intends to initiate litigation against South
Dakota in the coming weeks, while suggesting it might sue the
remaining states at a later time.
The NLRB's lawsuit is just another example of the aggressive
and pro-union positions being espoused by the NLRB. Last week, the
NLRB filed a controversial lawsuit against Boeing Company. That
lawsuit claims that Boeing placed an assembly line in South
Carolina—a right to work state—in retaliation
for previous strikes and labor instability Boeing had been
subjected to in Washington State. More information about the Boeing
lawsuit can be accessed at
http://www.btlaw.com/labor-employment-law-alert-nlrb-boeing/.
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