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U.S. Plans to Sue 4 States Over Laws Requiring Secret Ballots for Unionizing
NYT ^ | 01/14/2011 | Steven Greenhouse

Posted on 01/14/2011 6:58:22 PM PST by BuckeyeTexan

The National Labor Relations Board announced on Friday that it planned to sue Arizona, South Carolina, South Dakota and Utah in an effort to invalidate recently approved state constitutional amendments that prohibit private sector workers from choosing a union through a process known as card check.

The labor board asserts that the amendments conflict with federal laws and are pre-empted by those laws.

The state amendments were promoted by various conservative groups concerned that Congressional Democrats and President Obama would enact legislation allowing unions to insist on using card check, in which an employer recognizes a union as soon as a majority of workers sign pro-union cards. That method makes it possible for employees to unionize without elections. But Congressional Republicans blocked such legislation.

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Front Page News; News/Current Events; Politics/Elections; US: Arizona; US: South Carolina; US: South Dakota; US: Utah
KEYWORDS: arizona; cardcheck; secretballot; southcarolina; southdakota; unions; utah
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1 posted on 01/14/2011 6:58:25 PM PST by BuckeyeTexan
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To: BuckeyeTexan

I think the 10th amendment trumps the Federal labor laws


2 posted on 01/14/2011 7:01:01 PM PST by The Great RJ (The Bill of Rights: Another bill members of Congress haven't read.)
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To: BuckeyeTexan

10th Amendment doesn’t exist in Obamaland.


3 posted on 01/14/2011 7:01:05 PM PST by Tzimisce (It's just another day in Obamaland.)
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To: BuckeyeTexan

Card Check = Creeping Communism


4 posted on 01/14/2011 7:01:20 PM PST by GraceG
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To: BuckeyeTexan

Mom! Eric pooped in his diaper again!


5 posted on 01/14/2011 7:01:32 PM PST by FlingWingFlyer ("New laws are always a "good idea" until the first time you have to enforce them." - Unknown)
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To: BuckeyeTexan

How creative!

Card Check via the courts....


6 posted on 01/14/2011 7:04:11 PM PST by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist")
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To: FReepers

FReep It!


7 posted on 01/14/2011 7:04:15 PM PST by onyx (If you truly support Sarah Palin and want to be on her busy ping list, let me know!)
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To: BuckeyeTexan

They want to unionize everyone. forcibly.

easier to control and never ending funds for the left and Democrats


8 posted on 01/14/2011 7:06:55 PM PST by GeronL (How DARE you have an opinion!!)
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To: BuckeyeTexan

If anyone doesn’t think that we are in a war for the life of this Republic then they are either totally deaf dumb and blind or just off the last rocket from Mars.


9 posted on 01/14/2011 7:08:48 PM PST by Don Corleone ("Oil the gun..eat the cannolis. Take it to the Mattress.")
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To: KoRn

wait until state federal political elections are run this way. votes will be collected by union thugs and LEO unions


10 posted on 01/14/2011 7:10:17 PM PST by paul51 (11 September 2001 - Never forget)
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To: BuckeyeTexan

This is the best news. The more they push the more frightened Americans become. Even union members value liberty and privacy.

They just keep pushing the mushy middle over to our side. This bodes well for 2012.

We live in interesting times.


11 posted on 01/14/2011 7:10:49 PM PST by 1010RD (First, Do No Harm)
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To: BuckeyeTexan

And what part of the constitution permits this?


12 posted on 01/14/2011 7:11:14 PM PST by sionnsar (IranAzadi|5yst3m 0wn3d-it's N0t Y0ur5:SONY|Why are TSA exempt from their own searches?)
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To: BuckeyeTexan

Outrage, Defund the NLRB.


13 posted on 01/14/2011 7:13:16 PM PST by CPT Clay (Pick up your weapon and follow me.)
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To: BuckeyeTexan

Gee, the DOJ has me convinced that secret ballot elections are downright unfair!! In fact, no election should have secret ballots. After all, doesn’t the government have a overriding interest in who I vote for in presidential and congressional elections. Who knows, in my ignorance I might even vote for the wrong candidate.


14 posted on 01/14/2011 7:13:27 PM PST by JimSEA
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To: Don Corleone
If anyone doesn’t think that we are in a war for the life of this Republic

This Republic is stone cold dead. The only question is whether it can be rebirthed again.

15 posted on 01/14/2011 7:13:27 PM PST by Clint Williams (America -- a great idea, didn't last. The only reasonable response to jihad is Crusade.)
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To: BuckeyeTexan

Add 4 more states that Obama can write off in 12


16 posted on 01/14/2011 7:15:15 PM PST by bill1952 (Choice is an illusion created between those with power - and those without)
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To: BuckeyeTexan
IIRC, the Attorney General of Illinois said that there is NO guarantee of a secret ballot in the Constitution. She may be right but it is soooooo wrong. There has ALWAYS been a guarantee of a secret ballot in all elections in the USA. These people must be stopped!!
17 posted on 01/14/2011 7:17:07 PM PST by originalbuckeye
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To: BuckeyeTexan

Meanwhile, some idiot republicans are planning to sit next to rats during the state of the union.


18 posted on 01/14/2011 7:17:41 PM PST by ABQHispConservative (Fire all the damn rino!)
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To: BuckeyeTexan

Arizona now holds the record for being sued by the piggies in the District of Corruption. Woot!!!!! Let’s see. They sued us over the illegal aliens and now they are going to sue over their whinyass, commie union thugs. Just don’t get no better than that. I’m proud to be an Arizonan.


19 posted on 01/14/2011 7:23:57 PM PST by FlingWingFlyer ("New laws are always a "good idea" until the first time you have to enforce them." - Unknown)
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To: BuckeyeTexan

In the 2008 election cycle, labor unions reported spending nearly $80 million on independent broadcast advertising, mail and internal advocacy to help elect or defeat federal candidates.

Center for Responsive Politics


20 posted on 01/14/2011 7:28:51 PM PST by listenhillary (20 years in Reverend Wright's church is all I need to determine the "content of his character")
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To: FlingWingFlyer
Image Hosted by ImageShack.us


It's time for conservatives to
give a big hug to Free Republic.
Just click to donate, now!


21 posted on 01/14/2011 7:29:42 PM PST by vox_freedom (America is being tested as never before in its history. May God help us.)
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To: vox_freedom

Ummm. I’m a monthly donor. I haven’t gotten around to asking somebody to put my name on the list.


22 posted on 01/14/2011 7:33:04 PM PST by FlingWingFlyer ("New laws are always a "good idea" until the first time you have to enforce them." - Unknown)
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To: BuckeyeTexan

23 posted on 01/14/2011 7:38:14 PM PST by Hotlanta Mike (TeaNami)
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To: BuckeyeTexan

Dear leader is starting to think he is Hugo Chavez. Go States, Go!


24 posted on 01/14/2011 7:54:36 PM PST by Avid Coug
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To: sionnsar
And what part of the constitution permits this?

That's what I was wondering. Maybe they're gonna "deem" the card check bill passed like they did with health care.

25 posted on 01/14/2011 8:04:22 PM PST by Shethink13
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To: BuckeyeTexan
The labor board asserts that the amendments conflict with federal laws and are pre-empted by those laws.

When exactly did card check become federal law?

26 posted on 01/14/2011 8:05:03 PM PST by denydenydeny (Power always thinks it has a great soul and vast views, beyond the comprehension of the weak-Adams)
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To: BuckeyeTexan

If I was an Arizona state legislator, there would be a secession bill in the hopper on Monday.


27 posted on 01/14/2011 8:09:41 PM PST by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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To: Hotlanta Mike

Yeah, unions made Detroit (and Gary, and East St. Louis, etc.) look post-apocalyptic. Yeah, that’s it. Let’s go with that.


28 posted on 01/14/2011 8:30:21 PM PST by triumphant values (Never criticize that to your right.)
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To: Don Corleone
"If anyone doesn’t think that we are in a war for the life of this Republic then they are either totally deaf dumb and blind or just off the last rocket from Mars."

You are 100% correct...and, time is running out fast.

29 posted on 01/14/2011 8:34:51 PM PST by blam
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To: BuckeyeTexan

The Supreme Court will be tied up for years sorting out the mess this administration is making.


30 posted on 01/14/2011 8:40:16 PM PST by BAW (Obama: "If They Bring a Knife to the Fight, We Bring a Gun.")
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To: FlingWingFlyer

Me too!


31 posted on 01/14/2011 9:34:43 PM PST by TenthAmendmentChampion (Darwinism is to Genesis as Global Warming is to Revelations.)
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To: BuckeyeTexan

Bring it On!

This union BS will not stand.

Even in the Constitution it is mandated that Federal ballots be submitted in privacy!

The Founders knew of the pressures that could be bought by intimidation.

(Jane, sign this card or your red Corolla, in E12, will have spiked tires!)


32 posted on 01/14/2011 10:51:10 PM PST by Noob1999 (Loose Lips Sink Ships)
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To: Noob1999

Not a bad idea. They should bring that crime car stuff to union GM parking lots. Bring a new Accord and record away.


33 posted on 01/14/2011 10:58:03 PM PST by eyedigress ((Old storm chaser from the west)?)
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To: BuckeyeTexan

Something doesn’t seem right here.

These (state) laws were put into place to preempt Card Check. But Card Check never became (Federal) law. Since Card Check is not (Federal) law, how can these (state) laws contradict it?


34 posted on 01/14/2011 11:07:50 PM PST by tanknetter
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To: tanknetter
These (state) laws were put into place to preempt Card Check. But Card Check never became (Federal) law. Since Card Check is not (Federal) law, how can these (state) laws contradict it?

I guess the Feds argument is that it [Card Check] would have pre-empted state law if it had been passed ... And, since the Feds want to pass it, they have deemed it passed ... And, consequently, it [although non-existant] pre-empts existing state law ...

How's that grab ya ???

35 posted on 01/14/2011 11:41:32 PM PST by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...</i><p>)
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To: Lmo56

It’s moot till Congress legislates differently (or tries to).


36 posted on 01/15/2011 12:33:27 AM PST by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: HiTech RedNeck

What is up with the federal govt suing the states on matters? Is there lots of precedent for this or is it something inventing by the Obama White House??? I’ve never heard of it happening before?

Banana republic


37 posted on 01/15/2011 2:47:34 AM PST by kelly4c
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To: BuckeyeTexan

Be prepared for wake up to flat tires if you don’t vote union.

Interesting times.


38 posted on 01/15/2011 3:54:40 AM PST by Weird Tolkienish Figure
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To: BuckeyeTexan
What the states need to do in order to dilute the thuggery of the Unions, Marxists in WH and Congress, Socialists in the WH and Congress, anarchists in the WH and Congress is quite simple.
Even though there was to be an all out attack against existing state laws here in North Carolina before the November elections, we are a “Right to Work State”. The Unions can hold all the collective bargaining efforts they want, but BEING A UNION MEMBER IS NOT A REQUIRMENT FOR EMPLOYMENT and being harassed for not being a union member is grounds for civil suits (to the best of my knowledge).

So all these four (4) states need to do is establish themselves as Right to Work states and dilute the unions.

North Carolina DemocRATS my have wet dreams about unionizing this state but, at present, that is all they are, just dreams, despite the Norma Rae syndrome that exists in the large metropolitan areas. The hinterlands are staunchly anti-union.

39 posted on 01/15/2011 5:19:55 AM PST by cashless (Unlike Obama and his supporters, I'd rather be a TEA BAGGER than a TEA BAGGEE.)
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To: nonliberal

I truly believe that secession by force was not the way to go...states should have sued to go. I would support such a suit were it to arise in Florida.

IMO, just as one cannot be held liable for the crimes of their parents, a state cannot be held to abide by an agreement to join a federal union (don’t confuse my argument with any call for a revolution or insurrection because it is not) as individuals in these states have a right to current self determination unbound by agreements of the long ago dead.


40 posted on 01/15/2011 6:02:40 AM PST by Mouton
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To: bill1952

He doesn’t have a chance in any of those states anyway.


41 posted on 01/15/2011 6:48:44 AM PST by KansasGirl
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To: CPT Clay

> Defund the NLRB.

NLRB = National Labor RACKETS Board


42 posted on 01/15/2011 6:56:46 AM PST by Westbrook (Having children does not divide your love, it multiplies it.)
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To: BuckeyeTexan

They want the bosses looking over the workers shoulders when they vote.....the union bosses.

This is morally wrong. shame on the NLRB


43 posted on 01/15/2011 7:36:40 AM PST by cookcounty (Knives, Guns, Enemies and Axx-Kicks: The Gentle Political Speech of Barack Obama.)
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To: nonliberal

I’d like to see Texas do it.


44 posted on 01/15/2011 8:10:38 AM PST by jospehm20
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To: FlingWingFlyer
I’m proud to be an Arizonan.

How did you vote to return RINO McCain to the Senate in view of such a statewide Conservative mindset.

45 posted on 01/15/2011 8:28:47 AM PST by Tonytitan
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To: Tonytitan

McCain and his friends just had a lot more money than we did. He also had his friends in the “media” on on the left. He also had a lot of friends on the right who bashed J.D. 24/7, 364 (Sec. of DHS lingo). I guess J.D. was the wrong guy to run against McCain since J.D. was pretty much trashed the same way here on this board. Even my very rightwing BIL voted against J.D. He watches too much local news I guess. Maybe we’ll have better luck next time with someone else. I voted J.D. in primary. I didn’t vote for a Senate candidate in the primary. That one stayed blank.


46 posted on 01/15/2011 8:54:01 AM PST by FlingWingFlyer ("New laws are always a "good idea" until the first time you have to enforce them." - Unknown)
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To: FlingWingFlyer

Great info. Thanks.


47 posted on 01/15/2011 9:28:19 AM PST by Tonytitan
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To: lonevoice

Yep, here is another government agency on my short list for defunding . . . the NLRB.


48 posted on 01/15/2011 9:32:21 AM PST by Pride in the USA
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To: BuckeyeTexan

could someone spell this out for me with a hypothetical scenario? i have never been in a union so I don’t understand the underlying vibes on both sides.

say for example my workplace wants to unionize, and secret ballots are outlawed for whatever reason (i don’t understand this logic but let’s continue).

i vote ‘yes’ then i risk retaliation from management if the union is not certified, right?

i vote ‘no’ then i risk retaliation from union-sympathizing coworkers or other members of the union my workplace is trying to join, right?


49 posted on 01/15/2011 9:56:38 AM PST by vmpolesov
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To: Mouton
I don't have a problem with secession by force so long as it is done correctly. During our revolution we laid out, with "a decent respect to the opinions of mankind" why it was necessary that we took up arms.

If that had been done in 1861, things would be very different. I doubt it could be done today since I can't think of anyone in the US today who can write like Jefferson; who is as driven and committed as Adams; or who could hold an insurrectionary army of ordinary people together like Washington.

50 posted on 01/15/2011 11:01:00 AM PST by nonliberal (Graduate: Curtis E. LeMay School of International Relations)
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