Save Our Secret Ballot
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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 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 congressi ...
(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 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 ...
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 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 involve a point o ...
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 United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
. 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 The Utah Constitution was drafted at a convention that opened on March 4, 1895 in Salt Lake City. The constitution was later approve ...
.


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 congressi ...
, former U.S. Congressman (R-OK) * Pat Toomey, former U.S. Congressman (R-PA) *
Merrill Cook Merrill Cook (born May 6, 1946) is a Republican Party politician and businessman who served in the United States House of Representatives from Utah. Early life and career Born in Philadelphia, Pennsylvania and raised in Salt Lake City, Utah, Co ...
, 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, 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 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 (R-AL) * Clint Bolick, member of
Goldwater Institute The Goldwater Institute is a conservative and libertarian public policy think tank located in Phoenix whose stated mission is "to defend and strengthen the freedom guaranteed to all Americans in the constitutions of the United States and all fift ...
* 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 Overstock.com, Inc. is an American internet retailer selling primarily furniture headquartered in Midvale, Utah, near Salt Lake City. Businessman Patrick M. Byrne founded Overstock.com in 1999. The company initially sold exclusively surplus and ...


References


External links


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