NLRB to Sue Arizona and S. Dak. over that Law Guarantees Secret Union Ballot Elect

Discussion in 'Politics' started by Trajan, May 14, 2011.

  1. Trajan

    Trajan conscientia mille testes Staff Member

    Jun 17, 2010
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    The Bay Area Soviet
    why? If I were cynical I would say this is driven by their own political interests as an election is coming.

    If I recall after 4 years of trying and in conjunction with a a supra majority, congress never passed card check....

    Anyone have a reason they can provide as to why the NLRB would take this action?


    Rather, the NLRB lawsuit over Arizona's Proposition 113 is a vestige of the administration's close ties to Big Labor, which remains committed to the dream of radically reforming federal labor law in its favor . . . and, conversely, crushing any impediments erected by the various states that stand in the way of that mission.

    The agency announced last week it is suing Arizona over a new state labor law that merely underscores the state's commitment to a worker's right to a secure, secret vote on whether to organize in the workplace. Another lawsuit, to be filed against a similar state law in South Dakota, is imminent. Lawsuits against South Carolina and Utah are in the hopper.

    The secret vote has been a cornerstone of the nation's labor laws since the great reforms of the 1930s. Passed last fall with more than 60 percent of the vote, Arizona's measure affirming that right has infringed on the rights of exactly no one since its passage. What's more, congressional elections last fall rendered Prop. 113 a mostly symbolic gesture.

    Even with the most union-friendly president since FDR and a nearly historic Democratic majority in Congress, there wasn't enough support to pass the radical labor-law change known as "card check," which would have allowed unions to form after workers merely signed cards indicating an interest in organizing, a change that effectively would have eliminated the sacrosanct right to an anonymous vote. And there sure wasn't enough support for card check after the November election.

    Nevertheless, the agency filed its suit Friday, contending the Arizona law treads on the rights of employers to allow a union to form once a majority of their employees have signed cards declaring an interest in a union.

    It may be a fair question whether Prop. 113 has the potential to transgress that right of employers. But the federal government should not be in the business of launching legal fishing expeditions.

    The NLRB has no business second-guessing the constitutionality of state laws, unless and until there is some real person - employer or employee - who is, in fact, harmed by that law.

    more at-

    Prop. 113 lawsuit a huge disservice


    NLRB to Sue Arizona, South Dakota Over Union Laws

    NLRB to Sue Arizona, South Dakota Over Union Laws -

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