The National Labor Relations Board announced it plans to sue four states — Arizona, South Carolina, South Dakota and Utah – to overturn recently approved state constitutional amendments that prohibit private sector workers from choosing a union through a process known as “card check.” The four states’ amendments would require the use of secret ballot elections, while federal law makes card check a possible option.
In a statement, the labor board said, “The four amendments differ in language, but all conflict with federal law by closing off a well-established path to union representation recognized by the Supreme Court and protected by the National Labor Relations Act.”
Card check is an alternative to secret elections. Employers typically do not like the method because it removes the two-month electioneering period before the vote and affirms union representation by signed cards by a majority of the affected employees. Labor officials sometimes prefer this method to protect employees from bullying by employers and threats to close the operation. The latter scares employees who need their jobs.
As a member of management in the 1970s, I saw the bullying and misinformation first hand when the company’s drivers sought to unionize.