by Mike Hall, Apr 27, 2011
The National Labor Relations Board (NLRB) is set to file lawsuits to overturn constitutional amendments in Arizona and South Dakota that outlaw the use of majority sign-up for workers who want to form unions.
Federal labor law provides two methods for worker to form unions. They can either go through an NLRB-supervised election or use majority sign-up, in which the employer agrees to recognize the workers’ choice when a majority of the workers sign union authorization cards.
The NLRB says the state amendments, approved by voters last fall after well-funded campaigns by anti-worker groups, are preempted by federal labor law.
Acting General Counsel Lafe E. Solomon also says the state amendments are preempted by the supremacy clause of the Constitution that says federal law prevails if there is a conflict between state and federal law.
South Carolina and Utah have similar constitutional amendments against majority sign-up. In a letter to the attorneys general of all four states, Solomon says the NLRB may later file suit to invalidate the South Carolina and Utah amendments.
Backers of the amendments said they were needed to protect secret ballot elections and falsely claimed the Employee Free Choice Act—then under consideration in Congress—would outlaw union elections. The Employee Free Choice Act, in fact, would give employees the choice about how to decide about forming their union. Currently employers decide whether workers must go through an election, even if a strong majority signs authorization cards.
Click here to find out more about your freedom to join a union.
