WASHINGTON – The National Labor Relations Board on Friday threatened to sue Arizona, South Carolina, South Dakota and Utah over constitutional amendments guaranteeing workers the right to a secret ballot in union elections.
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.
The amendments, approved Nov. 2, have taken effect in South Dakota and Utah, and will do so soon in Arizona and South Carolina.
Business and anti-union groups sought the amendments, arguing that such secrecy is necessary to protect workers against union intimidation. They are concerned that Congress might enact legislation requiring employers to allow the "card check" process for forming unions instead of secret ballot elections.
