The NLRB has ruled that states requiring secret-ballot elections for employees seeking union representation is unconstitutional and the board will sue to invalidate the laws. During the 2010 Mid-Term elections voters in Arizona, South Carolina, South Dakota and Utah elected to require secret-ballot elections in unionization campaigns to defend against any form of the Employee Free Choice Act (EFCA) law imposed by NLRB rulemaking. The National Labor Relations Board (NLRB) is giving the states two weeks to respond before lawsuits are filed in federal court to block the laws. The amendments have taken effect in South Dakota and Utah, and are expected to become effective soon in Arizona and South Carolina. A backer of the Utah law is confident that the NLRB lawsuit won’t prevail. “We paid lawyers to research if this would be pre-empted, and it will not,” said Jonathan Johnson, president of Overstock.com.
