
On November 2nd, the voters of Arizona, South Carolina, South Dakota, and Utah approved measures to ensure that employees would retain the right to a secret-ballot election on the matter of unionization.
Today, the union-controlled National Labor Relations Board told the voters in those states to go pound sand [emphasis added]:
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 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. Further details are available on this page, including a fact sheet prepared by the NLRB and copies of the advisory letters.
The amendments have already taken effect in South Dakota and Utah, and are expected to become effective soon in Arizona and South Carolina.
The National Labor Relations Board is an independent federal agency vested with the authority to safeguard employees’ rights to organize and to determine whether to have a union as their collective bargaining representative, and to prevent and remedy unfair labor practices committed by private sector employers and unions.
If Americans are really interested in maintaining their right to a secret-ballot, the most effective way to do that is to push Congress to enact the Secret-Ballot Protection Act.
_________________
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine, December 23, 1776

Jeff Emanuel
LUR, questions...
lineholder (Diary) Friday, January 14th at 3:43PM EDT (link)What options do these states have? Do they have any legal recourse at all?
None. It is a preemption issue....
LaborUnionReport (Diary) Friday, January 14th at 3:48PM EDT (link)Previously, union-controlled states like California, Oregon and New York (perhaps a couple of others) had passed (through their legislatures, not ballots) card-check. They were knocked down under the preemption doctrine as well.
The recourse is for Congress to pass the Secret-Ballot Protection Act.
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
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Is this piece of legislation
lineholder (Diary) Friday, January 14th at 3:50PM EDT (link)on Republicans’ list? If so, how high on the list?
Anyway to bump it up?
Well, we need to bump it up... nt.
LaborUnionReport (Diary) Friday, January 14th at 3:51PM EDT (link)“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
LaborUnionReport.com
The Most Comprehensive Source for
News & Views on Today’s Labor Unions.
Follow @laborunionrpt
How about Repealing the Wagner Act?
Spiral (Diary) Friday, January 14th at 5:59PM EDT (link)Wouldn’t it be great if we could get the Wagner Act repealed? I mean, the idea that employers should be forced to negotiate with a union is a bad idea. Similarly, the idea that workers should be forced to pay union dues just because they want to have a job is a bad idea too.
At some point we are going to have to revisit all of the lousy laws that were passed during FDR’s presidency to really turn this country around.
The Obama Bread Lines
How about Repealing the Wagner Act?
Spiral (Diary) Friday, January 14th at 5:59PM EDT (link)Wouldn’t it be great if we could get the Wagner Act repealed? I mean, the idea that employers should be forced to negotiate with a union is a bad idea. Similarly, the idea that workers should be forced to pay union dues just because they want to have a job is a bad idea too.
At some point we are going to have to revisit all of the lousy laws that were passed during FDR’s presidency to really turn this country around.
The Obama Bread Lines
What about a challenge to the Federal law itself?
jeffreywturner (Diary) Friday, January 14th at 9:32PM EDT (link)Could the states make the argument that the 1935 law itself unconstitutional?
I am sure Congress used interstate commerce as the basis for its authority to enact this law (as they seem to use with virtually every law they pass). Are they on iron-clad footing there?
“Life is too short, can’t we all just eat pork and kill some terrorists?”
LUR, if the law ALREADY provided for this Card Check option (does it really?) then why
Mike gamecock DeVine (Diary) Saturday, January 15th at 8:58AM EDT (link)have the Dems been trying to pass the card Check law? Is this a recent administrative ruling by the NLRB “reinterpreting” existing statutes, due to the failure of the Card Check law to pass?
Mike DeVine’s Examiner.com and Charlotte Observer columns
“One man with courage makes a majority.” – Andrew Jackson
Clarifying point...
LaborUnionReport (Diary) Friday, January 14th at 3:51PM EDT (link)The states mentioned above that had passed card-check were rebuffed through the courts.
Unlike this case, I do not recall the NLRB ever issuing a blanket letter and threatening to sue those states.
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
LaborUnionReport.com
The Most Comprehensive Source for
News & Views on Today’s Labor Unions.
Follow @laborunionrpt
Could this difference in approach
lineholder (Diary) Friday, January 14th at 3:55PM EDT (link)alter the outcome? If so, how?
I come from Upstate SC area, LUR. Those folks won’t go for unions unless they’re literally beaten down in spirit and don’t have any other choice.
But out closer to the coast…that’s a different demographic. I don’t know how they would respond.
I do have family down there working in automotive-related industry. I’d like to get them as much info as I can.
Point in the right direction, you labor-union expert, you.
We need to stop addressing symptoms, and start attacking the disease...
Red West (Diary) Friday, January 14th at 4:18PM EDT (link)It’s not a Secret-Ballot Protection Act we need… it’s a congressional review of the bloat of federal agencies that have strangled the country for decades now. This congress shouldn’t focus on the tentacles, they should focus on the body of the beast. If the constitutional justification for a federal agency cannot be made, then congress should simply block ANY appropriation for said agency and starve it to death. The NLRB should be one of the first up.
Is this what this Administration all about.
gekster (Diary) Friday, January 14th at 3:44PM EDT (link)As with the AZ immigration law, it seams that this Administration is more interested in prosecuting sovereign states than those actually breaking the law.
Like most of his tax evading cabinet members, Mrs. waters, Mr. Rangle,
voter intimidating black Panthers, voter fraud, a guy handing out liturature in front of an abortion clinc, (this did slip under the radar),
I coud go on and on and on and……
for backup only, the link to the guy handing out liturature.
http://www.lifenews.com/2010/12/23/state-5767/
They say Republicans are for the rich, Democrats are for the poor.
If they need more voters,
then they have to make more of who they are for.
We are there in the various Tea Party groups, leaderless, but not rudderless.
We steer always toward the Constitutional principles this nation was founded upon.
Erick Brockway
I’ve gone from
“Hope and Change” to
“Hopeless and Changeless”
The beginning of the end?
congressworksforus (Diary) Friday, January 14th at 3:44PM EDT (link)For the Federal Govt., that is.
I think the way to defeat these people in D.C. is for States to continue, over and over, passing these constitutional amendments and laws, and force the DOJ to repeatedly file suits against the States.
Eventually, people will wake up and realize that it’s not the States that’s the problem…
Remember, if the left wins, abortion will not only be legal, it will be mandatory.
The States must
caboose Friday, January 14th at 3:55PM EDT (link)invoke the 10th amendent of the USC. They further must stop wasting time with agency threatning to go to Federal. States have the authority to go directly to the US Supreme Court and eliminate the shopping around for a federal judge by aministrative government agencies, who have no authority over the sovereign Stayes.
Note to House Republicans re: NLRB
Superheater (Diary) Friday, January 14th at 4:01PM EDT (link)Defund it and defang it. We’re watching and waiting.
Send an email to Boehner - he's asked for them
carolina Friday, January 14th at 5:24PM EDT (link)speakerboehner@mail.house.gov
Send an email to Boehner - he's asked for them
carolina Friday, January 14th at 5:24PM EDT (link)speakerboehner@mail.house.gov
Thanks Carolina
earlgrey (Diary) Friday, January 14th at 5:34PM EDT (link)I sent him a note.
Note to House Republicans re: NLRB
Superheater (Diary) Friday, January 14th at 4:01PM EDT (link)Defund it and defang it. We’re watching and waiting.
Superheater, can this be done? [nt]
lineholder (Diary) Friday, January 14th at 4:04PM EDT (link)We are looking at a preview of the next 2 years in America governance
izoneguy (Diary) Friday, January 14th at 4:29PM EDT (link)Time for the states to think – Constitutional Convention.
Those who had once simpered: “I don’t want to destroy the rich, I only want to seize a little of their surplus to help the poor, just a little, they’ll never miss it!” – then, later, had snapped: “The tycoons can stand being squeezed; they’ve amassed enough to last them for three generations” – then, later, had yelled: “Why should the people suffer while businessmen have reserves to last a year?” – now were screaming: “Why should we starve while some people have reserves to last a week?” – Atlas Shrugged
IMHO, that would be dangerous given all of the collectivists in the U.S. nt.
LaborUnionReport (Diary) Friday, January 14th at 5:37PM EDT (link)“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
LaborUnionReport.com
The Most Comprehensive Source for
News & Views on Today’s Labor Unions.
Follow @laborunionrpt
At some point, somebody's gonna wake up and defund 'the nudge'.
Kenny Solomon (Diary) Friday, January 14th at 4:40PM EDT (link)Until a certain agency is defunded and the every single one of the people involved are removed from employment within the government, this will all continue, get worse and erupt into a crisis too good to waste — on purpose, generated by the administration for command and control.
The agency I’m talking about is The Office Of Information And Regulatory Affairs…… a.k.a. Cass Sunstein. The Czar of the Czars, reports to nobody other than the president and is accountable only to the furthest left of the far left.
Maybe it's time
awunsch Friday, January 14th at 4:50PM EDT (link)for the States to take on the feds. Let the feds go to court. The secret ballot is one of the traditional liberties of this country and the NLRB’s motive is obvious.
Maybe it's time
awunsch Friday, January 14th at 4:50PM EDT (link)for the States to take on the feds. Let the feds go to court. The secret ballot is one of the traditional liberties of this country and the NLRB’s motive is obvious.
Does the language of the State Amendments actually..
bobmontgomery (Diary) Friday, January 14th at 5:12PM EDT (link)…..prohibit the presentation of cards to an employer for his consideration, and does the language actually prohibit the employer from voluntarily recognizing a union after the presentation of the cards? If so, it sounds like a whole bunch of people didn’t dot their i’s and cross their t’s.
If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.
George Washington
What I don't understand about this is how can they say this for these states but not other workers rights states?
Change Jar Conservative (Diary) Friday, January 14th at 5:15PM EDT (link)Georgia, for instance, is a right to work state.
Is what these four states did something that goes beyond what is already a part of Georgia’s constitution / law?
********
Formerly know as “Oz” in these parts
Maybe because the states
lineholder (Diary) Friday, January 14th at 5:18PM EDT (link)were trying to take a preemptive approach rather than just waiting until it is too late?
LUR probably has a better answer than I do.
Sorry, I just answered this on the comment below... nt.
LaborUnionReport (Diary) Friday, January 14th at 5:35PM EDT (link)“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
LaborUnionReport.com
The Most Comprehensive Source for
News & Views on Today’s Labor Unions.
Follow @laborunionrpt
I saw it, and thanks. So...
lineholder (Diary) Friday, January 14th at 5:40PM EDT (link)what is the best option?
If I’m going to try to contact someone in the state, LUR, I’d rather at least know what options there are so I can present an informed response rather than a dummy plea.
What I don't understand about this is how can they say this for these states but not other workers rights states?
Change Jar Conservative (Diary) Friday, January 14th at 5:15PM EDT (link)Georgia, for instance, is a right to work state.
Is what these four states did something that goes beyond what is already a part of Georgia’s constitution / law?
********
Formerly know as “Oz” in these parts
The NLRA is a federal law...
LaborUnionReport (Diary) Friday, January 14th at 5:34PM EDT (link)The ability for states to become a RTW state comes from the 1947 Taft-Hartley Amendments to the NLRA.
In order for states to “choose” whether or not card-check is legal or illegal (ie., to enact a “secret-ballot” law, there would have to be an amendment made to the NLRA.
[I hope that explains it without being to 'wonky.']
“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
LaborUnionReport.com
The Most Comprehensive Source for
News & Views on Today’s Labor Unions.
Follow @laborunionrpt
CJC, just to clarify. RTW has nothing to do with secret ballots. nt.
LaborUnionReport (Diary) Friday, January 14th at 5:39PM EDT (link)“I bring reason to your ears, and, in language as plain as ABC, hold up truth to your eyes.” Thomas Paine December 23, 1776
In any compromise between food and poison, it is only death that can win. In any compromise between good and evil, it is only evil that can profit.-Ayn Rand
LaborUnionReport.com
The Most Comprehensive Source for
News & Views on Today’s Labor Unions.
Follow @laborunionrpt
Just a little recommendation here....
vindog92 Friday, January 14th at 6:44PM EDT (link)Seems that our bretheren from the other side of the aisle are hell bent at waiving the supremacy clause in our faces. Seems that they also are quick to jump on the union / globalization / internationalist bandwagon and give away our rights because they can pass laws and regulation.
Sooooo, if four states have already passed legislation which is theoretically struck down by the supremacy clause, then lets just use that against them….start a movement to ensure that the unions and big labor can’t unionize without a secret ballot. Call it something “catchy” so that those who are not as plugged in will actually just decide to vote for it. THEN MAKE IT AN AMENDMENT TO THE CONSTITUTION!!!!! Seriously….the supremacy clause can’t trump itself! At this point it is about the only silver bullet we still have!
It is time for the Union Leaders to go straight to Helen Waite. We have had all the CORRUPT andy stern we can stand.NT
bobojake (Diary) Friday, January 14th at 7:28PM EDT (link)Another $0 budget for the Republicans to process
ohiohistorian (Diary) Friday, January 14th at 8:19PM EDT (link)Take away ALL funding from this bunch of clowns. There is nothing in the Constitution that allows them to require how balloting will be conducted in each state. In fact, if they cannot fund a legal challenge, maybe the unions will do it.
For the unions to fund it is good; it takes $ out of the OFO campaign.
““Liberals tend to put the onus of your success on society and conservatives on you and your family.”
—Dennis Prager
Does the NLRB Really want to pick this fight?
Raven (Diary) Friday, January 14th at 9:51PM EDT (link)AZ just won a Series of fights the Feds have been picking with them.
What makes the NLRB think they’ll do any better?
“If you do not have a sword, sell your cloak and buy one.”
Luke 22:36
History Repeats Itself
donnybrooke Friday, January 14th at 10:51PM EDT (link)So the NLRB is attempting to preclude workers the right to a secret ballot in these states, or… what? Face fines? Imprisonment? Disappear one night never to be seen again?
And King of the UAW (catchy title) is threatening boycotts and demonstrations and various other civil unrest if southern auto-makers don’t kow-tow to the demands of the freedom-loving members of the Union of Socialis… er, American Auto Workers?
I suppose this was the same method by which people were “encouraged” to join the NAZI party.
(I suppose this is hate speech, but I’m already on the list anyway).
“Journalists were never intended to be the cheerleaders of a society, the conductors of applause, the sycophants. Tragically, that is their assigned role in authoritarian societies, but not here — not yet.”
– Chet Huntley -
Another Obama effort
kchand Saturday, January 15th at 1:06AM EDT (link)for his ‘healing’ in my beloved Arizona. Talk like Mr. Compassionate Non-partisan and then screw the state. Suing us for trying to protect ourselves and enforcing the immigration laws that the Feds WON’T isn’t enough. Perhaps this is payback for even electing Senator McCain. Who knows what’s in the bizarre mind of this POTUS,
——————–
The ‘N’ word is November! Nov 6, 2012 will be the next cleansing.
Threats and intimidation are standard fare for union organisers
olsmithie (Diary) Saturday, January 15th at 10:36AM EDT (link)and the Obama crowd.
Ruling by executive order, installing “czars” in place of cabinet members, the NLRB and the FCC and other agencies are just following the lead of El Presidente’s pattern of sidestepping congress when he can’t get his way.
The oversight committee will be busy if they are doing their job….
Regards
Just one more....
betsp Wednesday, January 19th at 11:36AM EDT (link)Just one more lawsuit to defend against. If Obama spent as much time learning how to be a rational president instead of playing golf and chaining business, he might have accomplished something useful. Instead he just issues executive orders, appoints his fellow Marxists to his labor relations board and putts some more.
Can we say good-bye to this pseudo-intellectual in 2012? Seriously.