January 18, 2022

Volume XII, Number 18

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January 18, 2022

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NLRB files Lawsuit Against the State of Arizona

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.

©2022 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume I, Number 130
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About this Author

Justin Keith, Greenberg Traurig Law Firm, Boston, Labor and Employment Litigation Attorney
Associate

Justin F. Keith 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—before state and federal agencies and in courts throughout the country

He is experienced with wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail,...

617-310-6230
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