Advertisement

April 18, 2014

Federal Court Upholds Arizona’s Union Secret Ballot Amendment

We’ve been covering constitutional amendments passed in four states that guarantee a secret ballot in all union elections. Shortly after the amendments were enacted, the NLRB challenged Arizona’s amendment in court, arguing that it was preempted by the National Labor Relations Act.

The Board brought a facial challenge to the law—which had not yet been invoked in state court—arguing that the state’s attempt to regulate union elections was preempted by the NLRA. In a decision issued yesterday, the United States District Court for the District of Arizona rejected the NLRB’s argument that the amendment was, on its face, preempted by the Act. The court noted that while “it is possible that state litigation invoking Article 2 s. 37 may impermissibly clash with the NLRB’s jurisdiction,” it could not find the amendment preempted on its face. Such a challenge will have to wait until the law is actually applied.

The NLRB almost certainly will appeal this decision, as well as possibly bring an as-applied challenge if and when the amendment is invoked for the first time. Stay tuned.

©2014 Greenberg Traurig, LLP. All rights reserved.

About the Author

Associate

Justin F. Keith is an associate in the Boston office of Greenberg Traurig, LLP. He represents employers in all areas of labor and employment law, including litigation of discrimination, harassment and retaliation claims, reductions in force, and numerous other personnel and workplace issues. He frequently represents employers in wage & hour class and collective actions in state and federal court.  

617-310-6230

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.