May 24, 2012

NLRB files Lawsuit Against the State of Arizona

Greenberg Traurig
Justin Keith
Greenberg Traurig, LLP
Tuesday, May 10, 2011
Administrative & Regulatory / Communications, Media & Internet / Labor & Employment / Litigation / Trial Practice
All Federal / Arizona
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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.

©2012 Greenberg Traurig, LLP. All rights reserved.

About the Author

Justin Keith
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.  

keithj@gtlaw.com
617-310-6230
www.gtlaw.com

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