Wednesday, June 10, 2009

State Efforts to Require Secret-Ballot Elections

Ballotbox4 .
Dennis Nolan, via today's Daily Labor Report (subscription required), tells us of several state legislative efforts (most recently in Arkansas) to require secret ballots in union elections.  As Dennis points out, such efforts obviously are preempted by the NLRA.


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Although these measures are largely symbolic, I believe they would still apply to agricultural employers, certain small employers, and other classes not covered by the NLRA or other federal labor statutes. A minor distinction, but these initiatives may have a few limited uses.

Also, in sort of the reverse of a secret ballot initiative, Hawai`i has essentially proposed a state version of EFCA limited to agricultural and small employers. See; see also It applies only, for the most part, to the dwindling agricultural industry remaining in Hawai`i, but may also serve as a “testing ground” for EFCA in this limited capacity. If Gov. Lingle signs the bill, or her veto is overridden, the court challenges that likely will test Federal EFCA (e.g., constitutionality) may emerge in Hawai`i first.

Posted by: Alexander Leonard | Jun 10, 2009 3:43:42 PM

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