Arizona defeated a U.S. government court challenge to a law requiring that union elections be held using a secret ballot as opposed to using the so-called card- check.
U.S. District Judge Frederick Martone in Phoenix sided with Arizona in a lawsuit brought by the federal National Labor Relations Board challenging the 2011 law, according to a court filing today. The board alleged that the law interfered with its power to protect worker union rights.
Martone said isn’t appropriate to assume that the state will enforce the law in a way that conflicts with NLRB rules. He dismissed the case.
“Judge Martone’s ruling makes it clear that the 2010 state constitutional amendment requiring that union elections be held using a secret ballot as opposed to using the so-called ‘card- check’ cannot be overruled by the bureaucrats at the NLRB,” Arizona Attorney General Tom Horne said in an e-mail.
The NLRB press office didn’t immediately respond to an e- mail after regular business hours seeking comment on the ruling.
The case is NLRB v. Arizona, 11-913, U.S. District Court, District of Arizona (Phoenix).
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