Arizona Proposition 113
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The Save Our Secret Ballot, Inc. (SOS) is a
501(c)(4) A 501(c) organization is a nonprofit organization in the Law of the United States#Federal law, federal law of the United States according to Internal Revenue Code (26 U.S.C. § 501(c)). Such organizations are exempt from some Taxation in the Un ...
conservative Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civiliza ...
advocacy organization created to promote states to pass constitutional amendments that would ban
card check Card check, also called majority sign-up, is a method for employees to organize into a labor union in which a majority of employees in a bargaining unit sign authorization forms, or "cards", stating they wish to be represented by the union. Since ...
legislation. Former U.S. Congressman
Ernest Istook Ernest James "Ernie" Istook Jr. (born February 11, 1950) is a retired American lawyer and politician who served as a Republican member of the United States House of Representatives from Oklahoma's 5th congressional district. He held his congres ...
(R-OK) is Chairman of the National Advisory Board.


Card check legislation


History

Since the
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, an ...
was passed, it has been legal for workers to form a union when a majority of employees in a bargaining unit sign cards indicating their intent to bargain collectively with the employer. According to a recent law review article, the
National Labor Relations Board The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...
in its early days "certified on the record when there had been an agreement with the employer for card-check." It adds that "in the final year before the Taft-Hartley Act was passed n 1947 646 representation petitions were informally resolved through the card-check procedure." In 1969, Chief Justice
Earl Warren Earl Warren (March 19, 1891 – July 9, 1974) was an American attorney and politician who served as the 30th governor of California from 1943 to 1953 and as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presid ...
delivered the majority opinion for the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on question ...
that upheld the use of majority sign-up (card check). Warren stated, "Almost from the inception of the Act, then, it was recognized that a union did not have to be certified as the winner of a Board election to invoke a bargaining obligation; it could establish majority status by other means ... by showing convincing support, for instance, by a union-called strike or strike vote, or, as here, by possession of cards signed by a majority of the employees authorizing the union to represent them for collective bargaining purposes." '' NLRB v. Gissel Packing Co.'', (1969). The Supreme Court has consistently ruled in favor of majority sign-up (card check), and Warren cited prior affirmations in ''NLRB v. Bradford Dyeing Assn.'', (1940); ''Franks Bros. Co. v. NLRB'', (1944); ''United Mine Workers v. Arkansas Flooring Co.'', (1956).


Employee Free Choice Act

The bill is currently being considered in the
United States Congress The United States Congress is the legislature, legislative branch of the federal government of the United States. It is a Bicameralism, bicameral legislature, including a Lower house, lower body, the United States House of Representatives, ...
. The latest version was introduced into both chambers of the U.S. Congress on March 10, 2009. The Bill's purpose is to, The Bill would, firstly, allow a union to be certified as the official union to bargain with an employer if union officials collect signatures of a majority of workers. The Bill would remove the present right of the employer to demand an additional, separate ballot where over half of employees have already given their signature supporting the union.See generally, Secondly, the Bill would require employers and unions to enter binding arbitration to produce a collective agreement at latest 120 days after a union is recognized. Thirdly, the Bill would increase penalties on employers who discriminate against workers for union involvement.


Constitutional amendments

In 2010, four states passed referendums to their state constitutions guaranteeing the right to a secret ballot.


Arizona

Arizona Proposition 113 was passed in 2010. The constitutional amendment to the Arizona State Constitution would ensure that workers get a secret ballot to vote for union representation.


South Carolina

South Carolina Amendment 2 (2010) was passed and amended the South Carolina State Constitution.


South Dakota

South Dakota Amendment K was passed and amended the South Dakota State Constitution.


Utah

Utah Amendment A was passed and amended the
Utah State Constitution The Constitution of the State of Utah defines the basic form and operation of state government in Utah. History Utahns had drafted seven previous constitutions starting in 1849 as part of repeated attempts to become a state. In 1850, the fede ...
.


National advisory board members

Membership : *
Ernest Istook Ernest James "Ernie" Istook Jr. (born February 11, 1950) is a retired American lawyer and politician who served as a Republican member of the United States House of Representatives from Oklahoma's 5th congressional district. He held his congres ...
, former U.S. Congressman (R-OK) *
Pat Toomey Patrick Joseph Toomey Jr. (born November 17, 1961) is an American businessman and politician who served as a United States senator from Pennsylvania from 2011 to 2023. A member of the Republican Party, he served three terms as the U.S. represen ...
, former U.S. Congressman (R-PA) *
Merrill Cook Merrill Alonzo Cook (born May 6, 1946) is an American politician and businessman who served as a Republican Party member in the United States House of Representatives from Utah. Early life and career Born in Philadelphia, Pennsylvania, and raise ...
, former U.S. Congressman (R-UT) *
Adam Hasner Adam Michael Hasner (born November 25, 1969) is an American attorney and politician who is the eighth and current president of Florida Atlantic University. Hasner served as a member of the Florida House of Representatives from 2002 to 2010. In 2 ...
, Florida House Minority Leader (R-FL) * Gilbert Baker, State Senator (R-AK) * John Loudon, State Senator (R-MO) * Mark Meierhenry, former
State Attorney General The state attorney general in each of the 50 U.S. states, of the District of Columbia, federal district, or of any of the Territories of the United States, territories is the chief legal advisor to the State governments of the United States, sta ...
(R-SD) *
Mark Shurtleff Mark Leonard Shurtleff (born August 9, 1957) is an American attorney, former three-term Utah Attorney General, and founder of the Shurtleff Law Firm and the Shurtleff Group. He was a partner in the Washington, D.C. office of the law firm Troutma ...
, State Attorney General (R-UT) *
Troy King Troy Robin King (born August 22, 1968) is the former attorney general of the state of Alabama. He previously served as an assistant attorney general and a legal adviser to both Republican governors Bob Riley and Fob James. King was appointed by ...
,
State Attorney General The state attorney general in each of the 50 U.S. states, of the District of Columbia, federal district, or of any of the Territories of the United States, territories is the chief legal advisor to the State governments of the United States, sta ...
(R-AL) *
Clint Bolick Clint Bolick (born December 26, 1957) is a justice of the Arizona Supreme Court. Previously, he served as Vice President of Litigation at the conservative/libertarian Goldwater Institute. He co-founded the libertarian Institute for Justice, where ...
, member of
Goldwater Institute The Goldwater Institute is a conservative and libertarian public policy think tank located in Phoenix, Arizona, whose stated mission is "to defend and strengthen the freedom guaranteed to all Americans in the constitutions of the United States and ...
* Sydney Hay, President of the Arizona Mining Association * Paul Jacob, founder of U.S. Term Limits *Brian Johnson, Director of Alliance for Worker Freedom *Jonathan Johnson, President of
Overstock.com Beyond, Inc. (formerly known as Overstock, Inc.) is an American internet retailer, online retailer that owns the "Bed Bath & Beyond" brand except for within Mexico and the "Overstock" brand, and runs online stores named with those brands. The M ...


References


External links


Official Website
{{authority control Political advocacy groups in the United States Political and economic research foundations based in the United States