We’ve been covering the NLRB’s attempts to challenge constitutional amendments guaranteeing the right to a secret ballot in union elections passed by voters in Arizona, South Carolina, South Dakota, and Utah. In February, NLRB Acting General Counsel Lafe Solomon stated that he and his staff would engage in discussions with the Attorneys General for the four states in an effort to resolve the matter without litigation.

Those settlement discussions have proved unsuccessful, prompting Acting GC Solomon to advise the Attorneys General that he has directed his staff to file lawsuits in Arizona and South Dakota seeking to invalidate the amendments in those states. According to a letter sent by Solomon, he is pursuing litigation against these states first because, in his view, the amendments “contain very similar language” and therefore it would be more efficient to bring suits against Arizona and South Dakota at the same time. Click here to read AGC Solomon’s letter.

We will continue to monitor and report on this issue.

Update: On Friday, May 6, the NLRB filed a lawsuit against the state of Arizona seeking to invalidate the state’s constitution amendment entitled “Right to secret ballot; employee representation.” As we’ve previously reported, NLRB Acting General Counsel Lafe Solomon has taken the position that the constitutional amendment passed in Arizona (as well as similar amendments in South Carolina, South Dakota, and Utah) are preempted by the National Labor Relations Act. This lawsuit comes at a time when the Board is facing increased scrutiny from Congress over this litigation and other recent enforcement actions. We will continue to monitor and report on this issue.