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.