Labor Board to Sue Utah, Arizona, South Carolina, and South Dakota for Unconstitutional Amendments

NLRB advises four states that constitutional amendments conflict with federal labor law 

On January 14, 2011, the National Labor Relations Board advised the Attorneys General of Arizona, South Carolina, South Dakota, and Utah that recently-approved state constitutional amendments governing the method by which employees choose union representation conflict with federal labor law, and therefore are preempted by the Supremacy Clause of the U.S. Constitution. The states were also advised that the Board has authorized the Acting General Counsel to file lawsuits in federal court, if necessary, to enjoin them from enforcing the laws. 

Below are links to the advisory letters, Press Release, and Fact Sheet.


posted by Russell Bannan

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