Federal trial court ruled Save Our Secret Ballot constitutional on its face.
NLRB declines to appeal, cementing SOS Ballot as law in seven states.
Arizona voters approved an amendment to the state constitution in 2010 to expand protection for a worker’s right to vote by secret ballot if asked to join a union. On May 6, 2011, the National Labor Relations Board sued the State of Arizona in federal court to prevent enforcement of the constitutional amendment, claiming federal law pre-empts any protection to workers that the state might offer. The Goldwater Institute has joined the State in opposing the lawsuit on behalf of individual workers to protect the Save Our Secret Ballot amendment and safeguard an individual’s right to decide whether or not to join a labor organization.
The Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation represents 34 individual employees eligible to join a union including construction workers Jose Barraza, Rafael Barraza, R. Scott Brooks Jr., Sandra Brown, Dominic T. Drobeck, Jamie Franklin, Ahelardo Garcia, Angelo Granata, Justin Helwig, Jose Hernandez, Raul Hernandez, Reyes Inzunza, Derek Kaiser, Enrique Lara Jr., Benny P. Martinez, Gabriel Mendez, Eleuterio Miguel, Chad A. Mullenax, Roger S. Myllenbeck, Adalberto Pena Parra, Tyson Petrie, Jeff Phillips, Shawn Riegle, Daniel Rusch, David Santellano, Roy C. Smith, Kelvin L. Steffen, Johnnie Teller III, Marco Teran, Steven R.Tulloss, Israel Vargas, and Harvey Wietting; as well as Joyce McClain, a private hospital nurse, and Raeleen Kasinec, a charter school teacher.
The Institute also represents Save Our Secret Ballot, a public interest group that led the campaign to win voter approval of the amendment to the Arizona state constitution in 2010.
The judge is U.S. District Judge Frederick Martone of Phoenix.
Complaint (5/6/2011)Motion to Intervene (6/9/2011)Order Granting Summary Judgment (9/5/2012)
Clint Bolick is the Goldwater Institute’s litigation director. He has extensive success before trial judges and appellate courts. He has won two cases before the U.S. Supreme Court. He was named as a Lawyer of the Year in 2003 by American Lawyer magazine.
Taylor Earl has fought to secure educational rights for disabled students, voting rights for workers confronted with unionization, and freedom for taxpayers who suffer from unconstitutional government spending. Taylor earned his law degree at UCLA School of Law and has litigated constitutional cases that rose to the U.S. Supreme Court and the Arizona Supreme Court.
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