NLRB to File Lawsuits Against Arizona, South Dakota Over Secret Ballot Issue (click here)
NLRB Acting General Counsel Lafe Solomon has announced his intent to file lawsuits in Arizona and South Dakota to nullify those states’ constitutional amendments that preserve secret ballot elections. According to Solomon, the state measures are preempted by the National Labor Relations Act (NLRA) and the U.S. Constitution’s Supremacy Clause, and are therefore invalid....
In January 2011 Mr. Solomon informed the attorneys general (click here) of Arizona, South Dakota, South Carolina, and Utah that Section 7 of the NLRA provided employees two avenues to choose a representative--a secret ballot election conducted by the NLRB or voluntary recognition based on “other convincing evidence of majority support.” Mr. Solomon contended that the state constitutional provisions adopted in the four states requiring secret ballot elections preclude voluntary recognition that is permitted by the NLRA. The four attorneys general jointly responded to Mr. Solomon that each would defend their state’s constitutional amendment and that the amendments did not conflict with the NLRA.
Although the constitutional amendments adopted in South Carolina and Utah contain similar provisions to those to be challenged in Arizona and South Dakota, Mr. Solomon stated he had decided not to institute additional lawsuits against those two states “at this time” in the hope of conserving “limited federal and state agency resources and taxpayer funds.” Mr. Solomon stated that he reserved the right to institute additional lawsuits against South Carolina and Utah at an appropriate time.
