Recent National Labor Relations Board actions have revealed some disconcerting truths about the vision of the Obama administration. The litigation against South Dakota and Arizona over union laws prove that the Chief of State and his appointees do not believe in basic constitutional liberties enjoyed by the people of the United States. Americans value their own individual responsibility, and they understand that the state’s ability to intervene in citizens’ affairs must be strictly limited if people are to remain fundamentally free. Though some Americans may argue for increased government intervention, the recent encroachment by the NLRB on the right to a secret ballot election has taken the majority of Americans by surprise.
Big Labor first attempted to do away with the secret ballot election in Congress by proposing the Employee Free Choice Act. Failure of EFCA has not deterred the efforts of Big Labor and the Obama administration from using unelected officials of government agencies to limit worker freedom.
To counter the undemocratic movement of pro-union supporters, the group Save Our Secret Ballot was established to uphold states’ constitutional right to ensure secret ballot elections, providing workers’ the freedom to vote without fear of coercion or intimidation. The campaign consisted of three talking points:
1. To constitutionally ensure secret ballot voting rights in states;
2. To show Congress that voters overwhelmingly support secret ballot rights and oppose card check; and
3. To publicly highlight the outrageousness of union bosses pushing to end the use of secret ballots.
In 2010, Save Our Secret Ballot made significant strides (through tireless grassroots campaigning) in establishing state amendments to guarantee secret ballot elections. Their efforts succeeded in Arizona, South Carolina, South Dakota, and Utah.
But the NLRB could not accept the voting results in the states or the voice of their citizens. Litigation has been filed against Arizona and South Dakota by the NLRB. Their reasoning is that the amendments violate the supremacy clause—meaning, basically, that federal law overrules state law. However, Supreme Court precedent holds that if state law does not interfere with federal regulation and is a pressing state concern, the law stands. Rights of workers and the establishment of secret ballot elections are of pressing state concern and do not interfere with federal regulation, leaving no legitimate grounds for NLRB litigation.
Elected officials from these states, private organizations, Save Our Secret Ballot, and the people of the United States need to voice their contempt for the abuse of power by a government agency. The longstanding right to a secret ballot is part of the foundation of America. One rogue government entity should not be allowed to strip the people of this right.