Chairman of the House HELP Sub-Committee, Rep. Phil Roe (R-TN) has introduced the Secret Ballot Protection Act (H.R. 972).  Back on January 27, 2011, Senator Jim DeMint (R-SC) introduced the Senate version of the bill (S. 217).  Rep. Roe’s bill tracks Senator DeMint’s bill, and the language of the bill as introduced in previous sessions of Congress.

While the bill faces numerous mathematical obstacles to passage in the Senate, not to mention a certain Presidential veto, the House version should pass easily.  As the National Labor Relations Board and proponents of the Employee Free Choice Act continue to expand endorsement of alternative methods of union recognition, we should expect the House might conduct hearings on this bill.  In recent hearings before Rep. Roe’s Sub-Committee, management attorneys urged Congress to pass the Secret Ballot Protection Act in order to avoid the pre-emption battle unfolding between the National Labor Relations Board and state governments over state secret ballot constitutional amendments.

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