Yesterday, voters in Arizona, South Carolina, South Dakota, and Utah voted in favor of ballot measures that would guarantee the right to a secret ballot in union elections.  These measures represent an effort at the state level to nullify the card check provisions of the proposed Employee Free Choice Act that has been pending in Congress for several years.

It is unclear at this point whether these measures will be challenged as preempted by the National Labor Relations Act.  Also unresolved is what effect, if any, these measures will have on voluntary recognition and neutrality agreements between employers and unions.

We will continue to monitor these developments and report on them.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Justin F. Keith Justin F. Keith

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National

…

Justin helps unionized businesses maintain successful labor relations and helps non-union companies maintain direct relationships with their employees through education, training, and proactive union awareness. His labor practice encompasses all aspects of labor relations, including unfair labor practices, representation proceedings before the National Labor Relations Board and Courts of Appeal, contract negotiations, strikes and lockouts, grievances, and arbitrations. Justin also represents employers in all areas of employment law—including reductions in force, litigation of discrimination, harassment, whistleblower, and retaliation claims, and numerous other personnel and workplace issues—before state and federal agencies and in courts throughout the country.

Justin Co-Chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group and advises clients in all areas of traditional labor law, including union organizing campaigns, collective bargaining negotiations, unfair labor practice charges and representation case proceedings before the NLRB, union awareness strategy and training, strike response and contingency planning, grievance arbitration proceedings, and appellate litigation before the NLRB and the Courts of Appeals. Justin was co-counsel to New Process Steel in the landmark Supreme Court case, New Process Steel v. NLRB, 560 U.S. 674 (2010). He is also a contributing editor of The Developing Labor Law, the leading treatise on U.S. labor law, and a frequent speaker to legal and industry groups on labor and employment issues.

Justin has litigated dozens of wage and hour class actions brought under the Massachusetts Wage Act and nationwide collective actions under the Fair Labor Standards Act. He represents employers across a broad spectrum of industries, including retail, transportation, delivery services, and telecom services in nationwide class and collective actions brought throughout the country.

Justin regularly provides counsel to senior management and human resource personnel on employment law compliance matters, such as reductions in force, leaves of absence, exempt status classification under the FLSA and state law, employee discipline, sexual

Read more about Justin F. Keith
Show more Show less
Related Posts
restaurant
Effective April 1, California’s ‘Fast Act’ Covers More Than ‘Fast Food,’ Comes with Significant Implications
March 26, 2024
Diverse,Multiracial,Management,Team,Standing,Grouped,In,Front,Of,A
5 Trends to Watch: 2024 Labor & Employment
January 8, 2024
MexicoCity
Mexico to Increase General Minimum Wage by 20% in 2024
December 18, 2023