Saturday, January 15, 2011

Feds threaten to sue states over union laws - Back Door Card Check

The Obama administration will do anything they can to solidify their hold on the unions and union cash. The states are fearful that the Union "Card Check" law will somehow get passed (less of a chance now that Republicans control the House), and are trying to head off its implementation by blocking it under State law.

Obviously Obama cannot be trusted. What he cannot get through Congress, he will try to enact through Executive fiat. If Congress and the courts do not reign in the Executive branch soon, we will have a situation similar to that in Venezuela, where Hugo Chavez has become a near dictator.

In this instance, who do you think the workers fear the most, the employer or the union thugs that will personally deliver the voting cards to their homes? Only a liberal Democrat looking for Union largess would prefer the latter - for others, not themselves.

The National Labor Relations Board on Friday threatened to sue Arizona, South Carolina, South Dakota and Utah over constitutional amendments guaranteeing workers the right to a secret ballot in union elections.

The agency's acting general counsel, Lafe Solomon, said the amendments conflict with federal law, which gives employers the option of recognizing a union if a majority of workers sign cards that 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.

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.

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."

Read full AP article here.

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