The National Labor Relations Board filed a complaint against the Arizona constitutional amendment that outlaws card checks in favor of secret ballot elections for employees determining whether or not they wish to be represented by a union.

The acting general counsel of the National Labor Relations Board claims that the Arizona amendment conflicts with federal labor law and should therefore be overturned because of the Supremacy Clause of the U.S. Constitution. NLRB has also targeted South Carolina, South Dakota, and Utah, but has not filed suit at this time. A complaint is expected to be filed in South Dakota in the coming weeks.

Card check method increases the risk of coercion. Since the ballots are not private, workers often face intimidation and pressure on how they should vote. “Employees deserve the same right to cast their votes in private when deciding whether they wish to be represented by a union, just as every American does when voting for their elected officials,” states Paul Williams, ALFA Senior Director of Government Relations, “ALFA recognizes the decision of the voters in states such as Arizona, South Carolina, South Dakota, and Utah who have adopted constitutional amendments guaranteeing workers secret ballot elections. It is not the place of the National Labor Relations Board (NLRB) to circumvent the will of the people by filing or threatening to file litigation because they are displeased with the outcome.”

Read NLRB’s press release.

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