Utah Amendment A
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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)) and is one of over 29 types of nonprofit organizations exe ...
conservative 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 (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, and ...
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 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, politician, and jurist who served as the 14th Chief Justice of the United States from 1953 to 1969. The Warren Court presided over a major shift in American constitution ...
delivered the majority opinion for the U.S. Supreme Court 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. The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
'', (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 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 The Constitution of the State of Arizona is the governing document and framework for the State of Arizona. The current constitution is the first and only adopted by the state of Arizona. History The Arizona Territory was authorized to hold a co ...
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 The Constitution of the State of South Carolina is the governing document of the U.S. state of South Carolina. It describes the structure and function of the state's government. The current constitution took effect on December 4, 1895. South Car ...
.


South Dakota

South Dakota Amendment K was passed and amended the
South Dakota State Constitution The structure of the Government of South Dakota is based on that of the federal government, with three branches of government: executive, legislative, and judicial. The structure of the state government is laid out in the Constitution of South D ...
.


Utah

Utah Amendment A was passed and amended the Utah State Constitution.


National advisory board members

Membership : * Ernest Istook, former U.S. Congressman (R-OK) * Pat Toomey, former U.S. Congressman (R-PA) * Merrill Cook, former U.S. Congressman (R-UT) *
Adam Hasner Adam Michael Hasner (born November 25, 1969) is an American attorney and politician who served as a member of the Florida House of Representatives from 2002 to 2010. In 2012, Hasner was the Republican nominee for Florida's 22nd congressional dis ...
, Florida House Minority Leader (R-FL) * Gilbert Baker, State Senator (R-AK) * John Loudon, State Senator (R-MO) *
Mark Meierhenry Mark V. Meierhenry (October 29, 1944 – July 29, 2020) was an American attorney from South Dakota. He was most notable for his service as the 26th Attorney General of South Dakota from 1979 to 1987. Early life and education Meierhenry was born ...
, former State Attorney General (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 Troutman ...
, 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 (R-AL) * Clint Bolick, member of Goldwater Institute *
Sydney Hay The 2008 congressional elections in Arizona were held on November 4, 2008, to determine who would represent the state of Arizona in the United States House of Representatives, coinciding with the presidential election. Representatives are elect ...
, President of the Arizona Mining Association *
Paul Jacob Paul Jacob (born 1960) is an Americans, American activist, organizer, and advocate for legislative term limits, initiative and veto referendum rights, and limited government in the United States. He writes a weekly column for Townhall.com and his s ...
, founder of U.S. Term Limits *Brian Johnson, Director of Alliance for Worker Freedom *Jonathan Johnson, President of Overstock.com


References


External links


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