May 4th, 2011, Fairfax, VA—Americans for Limited Government President Bill Wilson today urged members of the House of Representative to support legislation reining in the National Labor Relations Board (NLRB) effort to sue states that have enacted constitutional amendments protecting workers secret ballot rights, including Arizona and South Dakota.
"The NLRB has jumped to the front lines in its attempt to unionize America," Wilson wrote in a letter to House members.
The bill offered by Representative Jeff Duncan (SC-CD3), HR 1047, specifically says, "No agency of the Federal Government may bring any challenge against a State statute or constitutional provision which protects the right of employees to choose labor organization representatives through secret ballot elections."
Wilson said the issue of whether states wanted to have secret ballot unionization elections was a matter protected by the Tenth Amendment. "This bill would prohibit the NLRB from proceeding with a lawsuit against states whose citizens have chosen to put constitutional protections in place to ensure the right to secret ballot union elections," he wrote.
The proposed legislation was prompted by notifications sent by NLRB Acting General Counsel Lafe E. Solomon telling the four states that he had been authorized to file suit in federal court enjoining the states from enforcing state constitutional amendments passed by the voters in the respective states in November, 2010.
The states of Utah, South Carolina, Arizona and South Dakota have all passed such constitutional amendments, but so far the NLRB has only sued Arizona and South Dakota. Each passed decisively: Arizona (Prop 113 passed with 61 percent); South Carolina (Amendment 2 passed with 86 percent); South Dakota (Amendment K passed with 79 pcerent); and Utah (Amendment A passed with 60 percent).
So far, the bill has 30 cosponsors: Representatives Rob Bishop (UT-CD1), Dan Burton (IN-CD5), Jason Chaffetz (UT-CD3), Bill Flores (TX-CD17), Virginia Foxx (NC-CD5), Louie Gohmert (TX-CD1), Paul A. Gosar (AZ-CD1), Trey Gowdy (SC-CD4), Wally Herger (CA-CD2), Tim Huelskamp (KS-CD1), Steve King (IA-CD5), Jack Kingston (GA-CD1), Doug Lamborn (CO-CD5), James Lankford (OK-CD5), Patrick T. McHenry (NC-CD10), Mick Mulvaney (SC-CD5), Randy Neugebauer (TX-CD19), Kristi L. Noem (SD-CDAL), Joseph R. Pitts (PA-CD16), Mike Pompeo (KS-CD4), Todd Rokita (IN-CD4), Dennis Ross (FL-CD12), Tim Scott (SC-CD1), Pete Sessions (TX-CD32), Marlin A. Stutzman (IN-CD3), Scott Tipton (CO-CD3), Lynn A. Westmoreland (GA-CD3), Joe Wilson (SC-CD2), and Kevin Yoder (KS-CD3).
Wilson thanked Rep. Duncan and the 30 cosponsors, saying their support was "critical to protecting all states from the NLRB's tyrannical imposition into state labor laws."
Letter to U.S. House of Representatives, May 3rd, 2011 at www.getliberty.org/files/LetterNLRBLegislation5-3-11.pdf .
One-pager on NLRB taking legal action against states, May 2011 at http://www.getliberty.org/files/StateRightoVoteOnePager.pdf .
"National Labor Relations Board Facing Congressional Heat over Secret Ballots," By ALG Communications Director Rick Manning, March 17th, 2011 at http://netrightdaily.com/2011/03/national-labor-relations-board-facing-congressional-heat-over-secret-ballots/ .