1/24/2011

Obama appointees threaten to sue four states over their attempt to guarantee secret ballots for union elections

The Obama appointees who control the NLRB are threatening lawsuits against states that want to guarantee the secret ballot for union elections. This whole thing is strange because as of right now there is no conflict. This conflict will only occur if the Obama administration changes the current rules.

The National Labor Relations Board today advised the Attorneys General of Arizona, South Carolina, South Dakota, and Utah that recently-approved state constitutional amendments governing the method by which employees choose union representation conflict with federal labor law and therefore are preempted by the Supremacy Clause of the U.S. Constitution.
The states were also advised that the Board has authorized the Acting General Counsel to file lawsuits in federal court, if necessary, to enjoin them from enforcing the laws.
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 NLRB claims that unions can already be certified without a secret vote.

The agency's acting general counsel, Lafe Solomon, said the amendments conflict with federal law, which gives employers the option of recognizing a union if a majority of workers sign cards that support unionizing. . . .
Utah Attorney General Mark Shurtleff said he believes the state is on solid ground. He plans to coordinate a response with the other three states.
"If they want to bring a lawsuit, then bring it," Shurtleff said. "We believe that a secret ballot is as fundamental a right as any American has had since the beginning of this country. We want to protect the constitutional rights of our citizens." . . .

Labels:

0 Comments:

Post a Comment

<< Home