In case you missed the reference by Senator DeMint (D-SC) included in our post yesterday, the Attorneys General of Arizona, South Carolina, South Dakota and Utah have filed a joint letter in response to NLRB Acting General Counsel Lafe Solomon’s recent invitation to address the constitutionality of the states’ secret ballot amendments. 

The letter from the AG’s begins:

Your Office wrote to each of us on January 13, threatening to file lawsuits challenging our States’ constitutional provisions guaranteeing the secret ballot in elections for determination of employee representation. We reject your demand to "stipulate to the unconstitutionality" of these amendments. These state laws protect long existing federal rights, and we will vigorously defend any legal attack upon them. That the NLRB would use its resources to sue our States for constitutionally guaranteeing the right to vote by a secret ballot is extraordinary, and we urge you to reconsider your decision.

The voters of our States overwhelmingly support the laws that you threaten to challenge. Indeed, 86% of South Carolina’s voters approved the amendment supporting secret ballots. Likewise, the voters in Utah, South Dakota, and Arizona approved constitutional amendments protecting secret ballots by votes of 60%, 79% and 61% respectively.

The states argue that the amendments support the current federal law that guarantees an election with secret ballots "if the voluntary recognition option is not chosen," and do not disrupt the federal regulatory scheme in any way.  The Attorneys General pledge to defend the provisions against lawsuits by the federal government and urge the Board to respect the decision of the States’ voters. 

It would appear to be the Board’s move.

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