Labor & Employment Law

Arizona Court Says Secret Ballot Measure Unconstitutional

By James Parks

Opponents of the Employee Free Choice Act were dealt a blow June 30 when an Arizona state court judge struck down as unconstitutional a proposed state constitutional amendment that sought to restrict how workers can vote in union representation elections. 

Maricopa County Superior Court Judge Robert Oberbillig granted an injunction sought by Food and Commercial Workers (UFCW) Local 99 to prevent Proposition 108 from appearing on the ballot in November. The proposition, which was backed by the anti-union group Save our Secret Ballot (SOS Ballot), would have required secret ballots in all union elections and elections for public office. Employee Free Choice Act opponents wrongly claim the legislation would take away the right to a secret ballot election for union representation. In fact, the act would give workers?not employers?the option to choose whether to vote on union representation by signing union authorization cards.

Local 99 President Jim McLaughlin, who filed the suit, said in a statement:

[Proposition 108] was little more than a despicable attempt to trick patriotic Arizona voters who value fair elections into approving an attack on the rights of all working people in our state.

Oberbillig ruled the proposition violated the ?separate amendment? provision of the state constitution. This provision requires that the subject matter of a proposed constitutional amendment be both ?topically related? and ?sufficiently interrelated.?  

The Employee Free Choice Act also includes language providing for binding arbitration of first contracts and increased penalties for employers that unlawfully discharge or discriminate against employees during organizing drives.

Full post as published by AFL-CIO NOW BLOG on July 02, 2010 (boomark / email).