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NLRB Threatens States Over Secret Ballot Amendments

Law360 (January 14, 2011, 7:11 PM EST) -- The National Labor Relations Board is threatening to sue Arizona, Utah, South Carolina and South Dakota over recent state constitutional amendments preventing employees from using the card check process in union elections.

In letters released Friday, NLRB Acting General Counsel Lafe E. Solomon told the attorneys general of each state that the amendments conflicted with federal labor law and were therefore preempted under the supremacy clause.

Solomon said each amendment prevented workers from persuading their employer to recognize a union voluntarily by signing authorization cards showing...
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