Court Tosses Arizona Ballot Law Challenge; NLRA Clash ‘Speculative’ Until Enforcement

A federal district court in Arizona Sept. 5 dismissed a National Labor Relations Board lawsuit that claimed a state constitutional amendment guaranteeing a right to vote on issues of union representation is preempted by federal labor law (NLRB v. Arizona, D. Ariz., 2:11-cv-00913-FJM, 9/5/12).

Judge Frederick J. Martone of the U.S. District Court for the District of Arizona said state courts have not yet interpreted Article 2, Section 37, of the Arizona Constitution, which was approved by voters in 2010 (212 DLR C-1, 11/3/10). NLRB’s argument that the provision must be preempted by the National ...