States To Play Hardball In NLRB Secret Ballot Fight

Law360, New York (February 2, 2011, 7:47 PM EST) -- While the National Labor Relations Board may have the upper hand in its challenge to four states' constitutional amendments requiring secret ballots in union elections, the states won't give up without a fight, and could take their battle all the way to the U.S. Supreme Court, attorneys say.

The NLRB's argument that the amendments conflict with federal law and are thus preempted by the supremacy clause of the U.S. Constitution is stronger than the states' claim that they are not trampling on federal turf, attorneys said,...
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