Judge rejects US challenge to Arizona union law

Gavel_20100517111658_JPG


Photographer: Joe Raedle
Copyright Getty Images

Advertisement

Posted: 09/06/2012

WASHINGTON - A federal judge in Arizona has rejected the government's challenge of a state constitutional amendment that guarantees workers the right to secret ballots in union elections.

U.S. District Judge Frederick Martone says it is premature to rule on whether the amendment conflicts with federal law because it depends on how the provision is enforced.

The ruling issued late Wednesday says the measure could impermissibly clash with federal law, but there are also instances in which it would not. It left the door open for a future challenge once the amendment is applied.

The National Labor Relations Board filed a lawsuit last year, arguing that amendment unconstitutionally interferes with federal labor law by restricting the methods by which employees can choose a union.

In a statement, NLRB Chairman Mark Gaston Pearce said the board disagrees with the decision but is "very pleased that the court recognized that these choices are guaranteed to employees by federal law and cannot be taken away by the states."

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Comments
advertisement

RIGHT NOW on ABC15.com


  1. LIVE: Obama addresses OK disaster

    LIVE: Obama addresses OK disaster

    Obama has declared a major disaster in Oklahoma, ordering federal aid to supplement state and local recovery efforts. Watch LIVE VIDEO of Obama's statement inside.

  2. AMBER ALERT: Missing AZ 3-year-old

    AMBER ALERT: Missing AZ 3-year-old

    An Amber Alert has been issued Monday night for a 3-year-old boy abducted Monday night from his mother's home in Tolleson.

  3. 24 confirmed dead in OK disaster

    24 confirmed dead in OK disaster

    earch and rescue crews worked through the night after a monstrous tornado barreled through the Oklahoma City suburbs, demolishing an elementary school and reducing homes to piles of splintered wood.

  4. 9:30 AM | Will Arias plead for mercy?

    9:30 AM | Will Arias plead for mercy?

    When Jodi Arias addresses the jury in her murder trial one more time, the big question will be whether she pleads for mercy or would she rather be executed than spend the rest of her life in prison.

  5. FORECAST: Triple digits back soon!

    FORECAST: Triple digits back soon!

    Find out when the 100s come back and for how long.

  6. How to help Oklahoma tornado victims

    How to help Oklahoma tornado victims

    Several groups are collecting donations for tornado victims. Some have indicated that financial donations are preferred over supplies.

  7. Man struck by 2 vehicles in Tolleson

    Man struck by 2 vehicles in Tolleson

    A pedestrian has died after being struck by two vehicles in Tolleson.

  8. MCSO searching for Anthem woman

    MCSO searching for Anthem woman

    The Maricopa County Sheriff’s Office is asking for the public’s help to find a missing Anthem woman.

  9. NOW: Obama to speak on OK disaster

    NOW: Obama to speak on OK disaster

    President Barack Obama will be meeting with his disaster response team, including Homeland Security Secretary Janet Napolitano, on Tuesday before delivering a statement on the devastating tornado.

  10. AZ teams on standby to help Oklahoma

    AZ teams on standby to help Oklahoma

    Arizona's rescue and recovery team for the Federal Emergency Management Agency (FEMA) are on standby if they are called to help in Oklahoma.