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Arizona Court Says Secret Ballot Measure Unconstitutional
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.
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3 Comments
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I regret not having the chance to have a UNION job in all my working years thus far–I’m now in my 50′s.
Howler-Don’t regret it. The EFCA is a blatant attempt by union bosses to increase their power base without helping workers at all. How are steelworkers helped when the USW goes into a school and represents bus drivers? They are not one bit. Union bosses get more money to pursue political goals that are contrary to the best interests of the members.
kwd1964@yahoo.com, Union bosses, that term means you are a company stooge, disgruntled union member, anti-worker or all of the above. My union representatives, are elected by secret ballot and if they aren’t what we want they can be changed. You asked” How are steelworkers helped when the USW goes into a school and represents bus drivers? They are not one bit.” I say and is fact; All employees that get Union representation, get political clout to combat the anti worker policies in this country, they are not fired without a reason, laid off out of seniority, favoritism is not allowed, get better pay and benefits, overtime, on and on. Without a union, your job, your family, your security, are all in jeoparty. Which CEO do you know who works without a contract, yet common workers are expected to work without a contract and are throw to the wind, at most greedy big businesses. EFCA is the the working man’s salvation to combat, anti-worker legislation like Right to work, anti safety policies by gutting OSCHA, telling businesses when they’re going to be inspected. ON and On, wake up america UNIONIZE with EFCA.