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Posts Tagged ‘Supremacy Clause’
January 15th, 2011 at 6:26 pm
NLRB Pushing Card Check Through the Back Door

Here’s more proof the Obama Administration is bent on destroying the sovereignty of states.  The National Labor Relations Board (NLRB) is threatening to sue South Dakota, Utah, South Carolina, and, of course, Arizona, unless their attorneys general say new state laws protecting secret ballots for union elections are unconstitutional.

The NLRB construes its enabling legislation to allow employees to unionize if a majority signs cards stating that desire.  That process is called “card check” and allows union organizers to bypass secret ballots that protect the identities of those who don’t want the union.  All four states passed laws last November 2nd to guarantee workers in their borders of the right to a secret ballot.  Now, the NLRB says those laws conflict with current federal law, even though card check has not passed into legislation because it’s overwhelmingly opposed in Congress.

In effect, the pro-union forces running the NRLB are trying to do through administrative fiat what they can’t get passed through the legislative process.  Unless each state’s attorney general agrees with the NRLB in writing that the new law is unconstitutional, the NRLB will sue the states in federal court.  This is the same strategy the Obama Justice Department is using to challenge Arizona’s anti-illegal immigration law Senate Bill 1070.

But tortured legal arguments can’t trump common sense:

Utah Attorney General Mark Shurtleff said he believes the state is on solid ground. He plans to coordinate a response with the other three states.

“If they want to bring a lawsuit, then bring it,” Shurtleff said. “We believe that a secret ballot is as fundamental a right as any American has had since the beginning of this country. We want to protect the constitutional rights of our citizens.”

What’s next in Obamaland?  Test oaths?

H/T: Associated Press