We've been covering the NLRB's dispute with four states over recently-enacted constitutional amendments guaranteeing the right to a secret ballot in union elections. On Friday, May 6, the NLRB filed a lawsuit against the state of Arizona seeking to invalidate the state's constitution amendment entitled “Right to secret ballot; employee representation." As we've previously reported, NLRB Acting General Counsel Lafe Solomon has taken the position that  the constitutional amendment passed in Arizona (as well as similar amendments in South Carolina, South Dakota, and Utah) are preempted by the National Labor Relations Act.

This  lawsuit comes at a time when the Board is facing increased scrutiny from Congress over this litigation and other recent enforcement actions. We will continue to monitor and report on this issue.