Feds Threaten to Sue States Using Private Ballots in Union Elections
- Posted on January 15, 2011 at 1:12pm by
Meredith Jessup
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The federal government is looking to head off efforts at the state level to block proposed national “card check” legislation.
On Friday, the National Labor Relations Board (NLRB) threatened to sue Arizona, South Carolina, South Dakota and Utah after the states adopted constitutional amendments guaranteeing workers the right to a secret ballot union elections.
According to the Associated Press, the NLRB is arguing that the state amendments conflict with federal law which gives employers the option of recognizing a union if a majority of workers sign cards to 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.
Kimberly Freeman Brown, executive director of the pro-union group American Rights at Work, said the board was confirming that “these initiatives were intended to restrict workers’ rights to determine how they choose a union, disingenuously cloaked in the language of worker protection.”
In letters to the attorney general of each state, Solomon says the amendments are pre-empted by the supremacy clause of the Constitution because they conflict with employee rights laid out in the National Labor Relations Act. That clause says that when state and federal laws are at odds, federal law prevails.
Solomon is asking the attorneys general in South Dakota and Utah for official statements agreeing that their amendments are unconstitutional “to conserve state and federal resources.”
In his letter to South Carolina’s attorney general, Solomon asks the state to take measures that would prevent the Legislature from ratifying the amendment. Solomon requested that Arizona’s governor decline to make the amendment official.
Utah Attorney General Mark Shurtleff said he believes the state is on solid ground. He plans to coordinate a response with the other three states.
“If they want to bring a lawsuit, then bring it,” Shurtleff said. “We believe that a secret ballot is as fundamental a right as any American has had since the beginning of this country. We want to protect the constitutional rights of our citizens.”
South Dakota Attorney General Marty Jackley also promised to “vigorously defend our South Dakota Constitution” against any federal lawsuit.
Unions long have pushed for the card-check legislation, but the effort hasn’t won enough support in Congress. Union officials say companies often use aggressive tactics – borderline illegal, they contend – to discourage workers from organizing unions.
Americans for Prosperity, a conservative group that spent millions to back congressional Republicans in last year’s elections, was among the groups that pushed for passage of the state amendments. Phil Kerpen, the group’s vice president for policy, said the NLRB’s action “shows how determined the board is to accomplish card check by backdoor means against the wishes of the American people and Congress.”
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Comments (161)
capecodsully
Posted on January 15, 2011 at 2:23pmA corrupt administration in bed with corrupt unions to intimidate the American people, and sue our states with our own money. We can not get rid of this sad excuse for a president soon enough.
Report Post »Hondaman
Posted on January 15, 2011 at 2:18pmHmmmm . . . . . I thought that is how we were established, the right to a secret vote.
Report Post »Ray2447
Posted on January 15, 2011 at 2:42pmI fear Obama getting elected to another term. He’d probably make further federal laws to find out how all citizens voted in all elections. Joe Stalin must be gazing up from hell and smiling. I can just here the knock on the door in the middle of the night now, and some Obama goon saying, “Our card check records show you did not vote for us in the last election.”
Report Post »mcpbob
Posted on January 15, 2011 at 2:14pmFeds have no business telling the states what to do about Unions…. and then they wonder why we say bad things about them….
Report Post »Ray2447
Posted on January 15, 2011 at 2:11pmAt Santa Monica College, I once saw an ad for an organization called “The Progressive Alliance.” It was comprised of: Students for a free Palestine, Women’s Studies Dept., Teacher’s & Classified Employee’s unions, GLBT club, and a communist affiliated group called A.N.S.W.E.R.
Apparently, they supported each other‘s causes and marched in each other’s protests.
Report Post »vinnymac46
Posted on January 15, 2011 at 2:00pmA lot of good the unions did for those GM workers…let’s all organize so we can all be out of jobs together…I never hear union leaders speak of creating jobs or ideas to creat jobs..all I ever hear from them is complaining about where the jobs are and how workers are getting screwed because they are not paying union dues…
Report Post »Rob
Posted on January 15, 2011 at 1:58pmBut he seemed like such a nice, clean-cut black man.
Report Post »Ghandi was a Republican
Posted on January 15, 2011 at 1:58pmGREAT! Just as soon as they finish up a few voter intimidation cases already on the books.
Stop coddling dictators and jacking with American’s
It is clear American freedom and liberty is the enemy to this administration.
Report Post »neverending
Posted on January 15, 2011 at 1:57pmKeep on barry boy just keep on with you rotten agenda.
Report Post »shorthanded12
Posted on January 15, 2011 at 1:54pmLook at the one state on the list (Arizona) Like Gov Brewer needs more Feds breathing down her neck. Feds wont stop on Arizona until there drove in the ground. SB1070 and now this.
Report Post »EP46
Posted on January 15, 2011 at 5:05pmGov. Brewer needs our prayers.
Report Post »In Nov. 2010 Democratic ‘mouth’ Mark Penn said obama needed an Oklahoma City after the mid-term election…….
Two months later he gets his wish……IN ARIZONA
OneRepublic4us
Posted on January 15, 2011 at 7:49pmI blame the deaths on Obama. That is closer to the truth than what the lame stream media has been reporting. The pep-rally turned campaign speech that was SUPPOSED to be a memorial to the victims was not just an Arizona embarrassment, it was an American embarrassment.
Report Post »C. Schwehr
Posted on January 15, 2011 at 1:53pmSo if the federal Constitution (which says nothing about union voting rights) is really supreme over the Constitutions of the individual, sovereign states…..then the individual States have no reason to exist!
Report Post »I suggest that the individual State governments (the soverieign States that banded together and created the federal government) should be disbanded and the federal government shall take over ALL duties currently handled by the States. That way, we can just skip all of this pretention that the federal government is the ONLY law of the land…and that way, we can begin changes to reverse the damage done over the last 100 years.
reckless
Posted on January 15, 2011 at 1:52pmSounds like the National Labor Relations Act might just be unconstitutional. Go ahead Feds, keep on overstepping your authority and it may well be taken away from you.
Report Post »lcam67
Posted on January 15, 2011 at 1:49pmsend in the feds…. ooops, sorry i meant clowns !!!!!
Report Post »Ray2447
Posted on January 15, 2011 at 2:02pmThe song says “There ought to be clowns,” and presto – Obozoama.
Report Post »shorthanded12
Posted on January 15, 2011 at 1:49pmFCC going around the courts and congress, HHS Secratary threatning insurance companys, Union BOSS’es Trumka, Stern dictating to POTUS what to do.. This Administration is totaly OUT OF BOUNDS and Violating every Constitutional law, Czars, EPA regs not approved by congress, THE DICTATOR IN CHIEF IS ON HIS HI HORSE AGAIN.
Report Post »charliego
Posted on January 16, 2011 at 9:21am@SHORTHANDED12
Report Post »AGAIN? How about ongoing. I have visions of Hugo Chavez dancing in my head. Congress appears increasingly impotent, the states are being relieved of their rights and being sued by the ‘CROWN’ in Washington, D.C. I have never seen such blatent and obvious over throw of the Constitution. They are even sucking up land through eminent domain crushing ‘the rights of property ownership. We gotta get smarter and bolder folks! I am proud of the states who do not allow intimidation, but one more lib in the Supreme Court with dubious credentials will take care of that. Am I off the wall here?
Joe Camel
Posted on January 15, 2011 at 1:49pmThe government has no business in this matter, and only goes to show who they are in lock step with. Pitiful, but nothing new here from the current regime.
Report Post »newrepublic7
Posted on January 15, 2011 at 10:01pmYou are absolutely right Joe Camel. You see which side they take on all the issues. Unions, Illegal Aliens, Ground Zero Mosque developer, terrorist in Gitmo, on and on and on!
Report Post »Echad
Posted on January 15, 2011 at 1:48pmThere was a time when unions where needed. But that was years ago now with the labor laws that are on the books unions have no reason to exist.
Report Post »Max jones
Posted on January 15, 2011 at 1:44pmEven if I had no political disagreements with the unions, I would not be amenable to “card check”. It could open up independent thinkers to intimidation and potential retribution. This legislation has no place in U.S.
Report Post »This is another brick in the wall progressives are attempting to erect between the population and liberty.
NickDeringer
Posted on January 15, 2011 at 1:43pmThe Iron Fist of the Unions. This will lead to such an uprising come 2012. Just let them play out their hand and watch the Dems loose power in 2012.
Report Post »bikerr
Posted on January 15, 2011 at 1:43pmSounds like back door politics like to me.
Report Post »Lt_Taz
Posted on January 15, 2011 at 2:33pmIt appears that everything this administration does is “BACKDOOR”, and the unions are just ticked they tried to buy the 2010 election and “We the people” said go to HELL.
Report Post »NancyBee
Posted on January 15, 2011 at 3:51pmand we need to keep telling them to go to he##. It’s all about power and money.
Report Post »shorthanded12
Posted on January 15, 2011 at 1:42pmAnother power grab by the FEDS, Get the Union Bosses out of the back pockets of politicians things might be better. States loosing all rights with these POWER hungry leaders in this country.
Report Post »beckisnuts
Posted on January 15, 2011 at 1:42pmThe Blaze is burping again it seems.
Max jones
Posted on January 15, 2011 at 1:48pmhey Beckis nuts….Can you tell us what fuction the “card check” has in collective bargaining? I mean besides barring independent thought.
Report Post »beckisnuts
Posted on January 15, 2011 at 1:51pmIt’s a red herring, a scam, a fraud and a lie. It has no purpose other than to game the process in the favor of the unions.
BTW Max Jones, did you know Alex Jones accused Glenneth of being a CIA Operative on the air? I heard it myself while suffering through one of his paranoid rants. Good for a laugh and not much else I’m afraid.
Max jones
Posted on January 15, 2011 at 3:53pmYeah, I fear Alex has gone over the top, He usually comes up with stuff that can be checked out, at least a little. Any way, I don’t believe that any of the politics is fruitful, left right middle it’s all a passtime with me, not much different than playing poker online with practice chips…Or maybe like watching a college la-crosse game on cable. It‘s not that I don’t have a passion, but I have yet to find and opinion that moves me much. If you look over my posts you’ll find me either mocking the siily progressives on site or invoking scripture. The mocking is for my own entertainment, and the invocation is at the the behest of my creator God in the name of Jesus Christ, my savior.
Report Post »Look around with a critical eye and you will understand that the problems the WORLD is experiencing are systemic and are worldwide. This is to set the stage for the rise of the beast…NEW WORLD ORDER. The cloward/piven strategy is demonic and has been in the works under many names since the beginning of the Christian age. The endgame for the progressives, whether they know it or not, is to put Satan himself in power over the entire world. All the politicians and power brokers are nothing more than pawns in a game that will eventually end up in genocide for the unarmed nations and civil war in the U.S.
The immediate goals of the elite few are to foment civil unrest, leading to martial law and the confiscation of all wealth and weapons. The U.S. is the last domino, because of our traditions of independence and liberty, and the fact that we can arm every citizen in the country.
The power elite NEED us to be divided and polarized, so we will kill each other, in great numbers. The weaker minds among us will, most likely, give them what they want. They need us to be deperate and afraid; ready to fall for the false hope of the demonic leaders about to make themselves known,(or in the public eye ,already-wink, wink) I am watching and I will continue to spout off.
Wake up,wake up, Boudreux…you ain’t never seen no wreck like this!
fatjack
Posted on January 15, 2011 at 5:37pmbeckisnuts, Methinks you is nutz.
Report Post »fatjack
Posted on January 15, 2011 at 5:45pmMax jones
Applause
Report Post »BruceB
Posted on January 15, 2011 at 1:42pmThe congress need to cut off funding of the justice department for these type law suites .
Report Post »clockn63
Posted on January 15, 2011 at 2:04pmThey would need a backbone to do that.
Report Post »snowleopard3200 {cat folk art}
Posted on January 15, 2011 at 2:43pmNot to mention they would need a nerve system and a functional brain.
Report Post »NICE NICE TACO
Posted on January 15, 2011 at 2:56pmCall your congressman and demand it. Sounds like a great idea!
Report Post »bak2basics
Posted on January 15, 2011 at 4:11pmU hit the nail on the head, & they need to look @ all kinds of Depts/ that need their funding ripped.
Report Post »bak2basics
Posted on January 15, 2011 at 5:05pmSo many times I find myself reading replies to issues on Unions @ this website. Maybe I am drawn to this topic because I have been in & around Unions most of my life. I have seen the greatness it once served but I have watched it deteriorate into something I know longer recognize. Men saw a potential for wealth,power & dominion creating a monster of a dog with a leash so long I DON’T see it ever being reeled back in. The lines would have to be severed by the members and reconstructed with rules and laws they create. The members need to “Cowboy Up” & take a stand. Because they are so inbedded with the logic of Unions work,like; they look out for me, without the Union I would only have a job @ 1/2 this pay, They GIVE me benifits better then any other place. Most of these men & women are good people, they have been takin advatage of, manipulated & lied to. They are not gold diggers. And EVERY Union has diffrent problems.
Report Post »I know their eyes are opening, I have talked to so many, behind a jobsite, over the phone by e-mails BUT ALWAYS they want to talk in PRIVATE. They want change so bad they can taste it. I tell them something I have heard over & over again, Educate Yourself, you will be Enlightened, & with the understanding that it brings you will be Enpowered. And maybe you can be that Entrepreneur that will initiate a change.
A great example from what I have read is one of our newest Congressmen Bobby Schilling. He was in the Union, pretty far up in it to. But he saw all the faults & injustice that came with being a member. He turned in his card & became a entrepreneur. he created a Christain Pizza place. And has since gone on to be a Congressman . AKA “The Hare Remover.”
hkyfan36
Posted on January 15, 2011 at 1:41pmWe the people don’t want your communism.
Report Post »randy
Posted on January 15, 2011 at 1:53pmAmen!
Report Post »taskmaster78
Posted on January 15, 2011 at 2:18pmHere Here, I third that.
Report Post »Marcobob69
Posted on January 15, 2011 at 2:19pmRight on! You said it!!!
Report Post »snowleopard3200 {cat folk art}
Posted on January 15, 2011 at 2:29pmWe are a Constitutionally Established Republic!
Not a Communist Nation.
Not a Marxist state.
Not a Socialist state.
Not a Nation of Slaves.
Not a Nation of Sheep.
We The People Are God Fearing AMERICANS!!!
FIRST! FOREMOST! ALWAYS!
WE THE PEOPLE Have Had Enough!!!
Contact any and all legislators, contact editors and bloggers, cotact frends, family, associates and all across the nation to keep writing and calling from the mountain tops to counter this blatant wrong being inflicted upon us!
This Is OUR NATION!!!
WE RULE – The People!
Not the Progressives, and not the Unions!!!
Report Post »what4
Posted on January 15, 2011 at 3:06pmReady to defend the constitution, whatever it takes! Most of our lawmakers wont!
Report Post »KWN
Posted on January 15, 2011 at 1:41pmSo, will the FEDS sue themselves for secret ballots for elections too?
Report Post »beebacksoon
Posted on January 15, 2011 at 5:39pmI still think there are serious efforts in place to throw (or, overthrow) the 2012 pres. election. There is absoulutely NO way Obama will be reelected unless there isn’t voter fraud in the works at this very moment.
Report Post »Obama is the puppet, and his wife; czars; commission and task force heads; and “directors” he appointed, one way or another, are the puppet masters. They have been pulling all the strings in the potential downfall of America.
Race
Posted on January 15, 2011 at 10:13pmCard check would set the most dangerous precedent in our history. THIS MUST NOT HAPPEN.
Report Post »OneFunR6
Posted on January 17, 2011 at 12:42ambeebacksoon,
IMO, Civil war by 2013.
‘Them’ or U[nited] S[tates].
REPEAL the Federal GOVernment, NOW.
ALL/EACH f the 50 Staets need to start printing their own money, backed by the free-floating market price of GOLD.
PLEASE, Lord, please, oh, please let VIRGINIA be the FIRST State to do so!
Report Post »beckisnuts
Posted on January 15, 2011 at 1:40pmHere come the Feds. What happened to states rights I wonder?
Nigel2
Posted on January 15, 2011 at 1:52pmthe idiot Beckisnuts writes: “”Here come the Feds. What happened to states rights I wonder?”"
Only the supreme court knows for sure. I sense a 5-4 verdict coming to uphold states rights LOL!!
Report Post »UnreconstructedLibertarian
Posted on January 15, 2011 at 2:04pmState’s rights died on April 9, 1865.
Report Post »beckisnuts
Posted on January 15, 2011 at 2:18pmObviously, the question is not about state’s rights in that sense, but in more of generic context.
Report Post »UnreconstructedLibertarian
Posted on January 15, 2011 at 2:36pmFacts are facts, isn’t that right?
Too bad intellectuals like yourself, realized this too late.
Report Post »lylee
Posted on January 15, 2011 at 3:11pmUnreconstructedLibertarian
Posted on January 15, 2011 at 2:04pm
State’s rights died on April 9, 1865.
And it was forever outlawed in the 60s by the advent of “revenue sharing”.
Report Post »EP46
Posted on January 15, 2011 at 5:07pmWhat happened to all Rights ???? Election of 2008
Report Post »TheBMT
Posted on January 15, 2011 at 5:57pmand what happens when the Supreme court ignores the 10th amendment and decides to bolster Federal Power?
Nullification- Tom Woods. Read it.
Report Post »timm84
Posted on January 15, 2011 at 9:04pmAndrew Jackson happened to states rights
Report Post »PittsburghVince
Posted on January 16, 2011 at 9:52amDon’t be so subtle, BECKISNUTS. I know you think modern state-righters want to bring back slavery, or at least segregation, because they are so racist. Why not try to educate yourself about the Tea Parties before enlightening others with your sarcasm. Oh, wait, I know why! It‘s because you’re a dam*ed liberal troll!
Report Post »redneckgenius
Posted on January 15, 2011 at 1:39pmTell the Feds to stay the heck out of State business…. We don’t need their input. Let’m sue all they want. We could care less… we are taking back America
Report Post »beckisnuts
Posted on January 15, 2011 at 1:45pmStates rights all the damn way!
hkyfan36
Posted on January 15, 2011 at 1:46pm“Together they Lie, Cheat and Steal”
Report Post »clockn63
Posted on January 15, 2011 at 1:49pmShurtieff said “We want to protect the constitutional rights of our citizens.”
Report Post »What a novel idea. That simple sentence should come out of the mouths of ALL elected persons.
Rational Man
Posted on January 15, 2011 at 2:02pmIf you think about it, this is one of the biggest and most blantant theft of freedoms. Your right to vote without intimidation. If you don’t fall in line on your own, they will force you to or force you out!
Report Post »It’s voter intimidation on the highest scale, without the physical clubs!
God help us, our America is gone………Come Lord Jesus!
republitarian
Posted on January 15, 2011 at 2:03pmHells yeah, Redneck!
This is happening more and more and I love it.
Report Post »Cemoto78
Posted on January 15, 2011 at 2:24pmOmoron sure does have a thing against my state, Arizona. He’s suing us again! I’m gonna look into getting my own attorney and see if I can get a restraining order against him.
Report Post »snowleopard3200 {cat folk art}
Posted on January 15, 2011 at 2:25pmAgreed, get the ever loving Fed’s out of the legitimate business that solely belongs to the States!!!
Report Post »bullcrapbuster
Posted on January 15, 2011 at 2:34pmMore devisive communist ideology being crammed through.
Report Post »grandmaof5
Posted on January 15, 2011 at 2:44pmSOLUTION: Get rid of unions – everyone resign!
Report Post »Cliff
Posted on January 15, 2011 at 3:04pm@Republitarian <– that is what we should call the TEA Party!!!
Report Post »GrannyATL
Posted on January 15, 2011 at 3:11pmIt’s pretty darn sad when you realize that the very first African-American President is allowing the Union thugs to remove the freedom of a secret ballot while on his watch. Pretty darn sad.
Report Post »John 1776
Posted on January 15, 2011 at 3:14pmIt’s as if there is no 10th amendment. States have got to start fighting these things and rein in an out-of-control fed, that has grown in an apathy vacuum for too long. Why is there a NLRB? Don’t remember that from the constitution. Want to cut the debt? Close it, along with the Department of Energy as well as D.O. Education.
Report Post »oldoldtimer
Posted on January 15, 2011 at 3:21pmI guess many have forgotten Obama appointed the top SEIU lawyer to the NLRB so he could control it. He gets card check even though the people and Congress totally rejected it. I keep telling you people Obama is a dictator ruling by edict(Executive Orders) and regulations. Congress is irrelevent. He just by passes them completely. Look at all the things he has by passed Congress on. Right now the only way to take back control is to COMPLETELY defund the Executive branch. At the present rate he is seizing power Obama knows he will never have to run for reelection. He will just declare himself ruler for life.
Report Post »Sergio Q
Posted on January 15, 2011 at 4:43pmsinc unions damn near have there own office down the hall from obamas at 1400 Penn.Ave. its no supreze that “secret ballots” would be met with Fed. disapproval
Report Post »…if choices against union B.S. greed & power grabs made by workers that might just be happy to have a job that pays way way way more than the worker(s) deserve and lucky to have bennys & retirement pkgs. yet thinking its best not to push it so there jobs dont go by-by when buisness owners decide to move out of the country for there own best interests and stability how are the union thuggz gonna know who to harass…. (cant blame a person trying to survive for accepting a overbloated pay rate nor ought the smart ones that know its led by criminals driven buisnesses into the ground be outing them to the thuggz for wanting to deny union leadesre more ca$hola for there ongoing power grabz,,, they know unions have gotten to the point that the clock is tickin’ tward the end of unions in America ~AND THATS A GOOD THING!)
click4cheapandeasyweb
Posted on January 15, 2011 at 4:53pmThis is a fact… The majority of the Unions in the USA are responsible for helping to destroy this country. Not so much the rank-and-file, but after awhile they are going to have to start taking some responsibility for the actions of their Union leadership.
Report Post »click4cheapandeasyweb
Posted on January 15, 2011 at 4:54pmbeckisnuts
Posted on January 15, 2011 at 1:45pm
“States rights all the damn way!”
That’s the first intelligent thing you have said on this blog!
Report Post »TEXPATRIOT
Posted on January 15, 2011 at 5:11pm@John 1776
Report Post »I agree we could cut a lot of the Federal budget by cutting out these Depts like the NLRB, Dept of Energy, EPA and D. O. Energy.
CatB
Posted on January 15, 2011 at 5:41pmLet them … let’s take it to the SUPREME COURT . Just like Obamacare .. UnConstitutional!
Report Post »TurnRight
Posted on January 15, 2011 at 6:04pmThe States should Sue the Unions. Break them before they break us.
Report Post »RepubliCorp
Posted on January 15, 2011 at 6:30pmRemove the secret vote and there are no free elections. The midnight call, “ we will remember how you voted” Click………..
Report Post »DMcPher316
Posted on January 16, 2011 at 2:36pmThis is another of those areas were the government has NO bussiness sticking its nose. Problem with workers,unions and companies are local problems to be hashed out but those involved. I worked for the teamsters union at a factory for 10 years and I don’t know how many times the workers were threatened by the union one way or another, I know I was threatened because I wanted to see the acutal contract the union has negotiated with the company. I was told it was none of my business and that it would be a good idea if I didn’t ask again.
Report Post »Unions had there place 100 years ago. We have all kinds of workers rights laws now, do we really need this lawfull extrotion now?
Lepanto
Posted on January 16, 2011 at 8:24pmRepeal the 17th amendment, then the states will regain their rights.
Report Post »I CHOOSE THE RED PILL MR PRESIDENT
Posted on January 18, 2011 at 2:39am@UNRECONSTRUCTEDLIBERTARIAN Actually that’s all Glenn really addressed about Jackson, that he marched across America doing horrors to the Indians under the guise of Divine Providence. That he was doing it on behalf of God and how evil that was. And I never here Glenn say much about Lincoln, other than his relationship with Fredrick Douglas and that the Lindoln who gave the Emancipation Proclamation was not the same man that started the war. He stated that he believed that Lincoln had gone through some sort of enlightenment during the war. He did mention that reconstruction after the civil war was also evil. Guess you missed those episodes. Funny that you would even bring it up not knowing the full facts, but I‘m sure you won’t do that again.
Report Post »