The National Labor Relations Board is threatening to sue four states over constitutional amendments that guarantee workers can use secret ballots in union elections. States that have passed the amendments include Arizona, South Carolina, South Dakota and Utah, the Associated Press reported.
This comes as organized labor is attempting to make bigger inroads into healthcare entities, including long-term care operators, one of their most fertile areas in recent times.
The NLRB claims that amendments clash with federal law, which grants employers the option of recognizing a union as long as a majority of workers sign cards in support of it. These amendments were approved on Nov. 2 and have already gone into effect, the AP reported.
Businesses and anti-union groups argue that privacy is critical to protecting workers from union intimidation. These groups feared Congress would pass a law requiring employers to conduct a “card check” process for unionizing rather than holding secret ballot elections. The NLRB argues that the amendments are pre-empted by the supremacy clause in the U.S. Constitution and the National Labor Relations Act.