NLRB Suit Over Ariz. Secret Ballot Amendment Survives

Law360, New York (October 13, 2011, 7:39 PM EDT) -- An Arizona federal judge on Thursday rejected the state's motion to dismiss a suit the National Labor Relations Board filed in May claiming a state constitutional amendment guaranteeing secret ballot elections for union representation is at odds with federal labor law.

U.S. District Judge Frederick Martone signed off on a 15-page order nixing Arizona's dismissal bid and rejecting its claims that the NLRB lacked standing, that the board's claim was not ripe, and that the court lacked jurisdiction.

“Because plaintiff has standing, jurisdiction is proper, and...
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