Obama admin bullies states over card check rules 

This is pretty bad, even by Obama administration standards. Such blatant help for union political allies certainly makes the administration's intentions clear, and tells us who really owns this White House. From a political perspective, Republicans in these states should welcome the development:

The National Labor Relations Board on Friday threatened to sue Arizona, South Carolina, South Dakota and Utah over constitutional amendments guaranteeing workers the right to a secret ballot in union elections.

The agency's acting general counsel, Lafe Solomon, said the amendments conflict with federal law, which gives employers the option of recognizing a union if a majority of workers sign cards that support unionizing.

The amendments, approved Nov. 2, have taken effect in South Dakota and Utah, and will do so soon in Arizona and South Carolina.

Business and anti-union groups sought the amendments, arguing that such secrecy is necessary to protect workers against union intimidation. They are concerned that Congress might enact legislation requiring employers to allow the "card check" process for forming unions instead of secret ballot elections.

In letters to the attorney general of each state, Solomon says the amendments are pre-empted by the supremacy clause of the Constitution because they conflict with employee rights laid out in the National Labor Relations Act. That clause says that when state and federal laws are at odds, federal law prevails.

Solomon is asking the attorneys general in South Dakota and Utah for official statements agreeing that their amendments are unconstitutional "to conserve state and federal resources."

About The Author

David Freddoso

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David Freddoso came to the Washington Examiner in June 2009, after serving for nearly two years as a Capitol Hill-based staff reporter for National Review Online. Before writing his New York Times bestselling book, The Case Against Barack Obama, he spent three years assisting Robert Novak, the legendary Washington... more
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