National Labor Relations Board Sues States Over Secret Ballot Union Measure

STUART VARNEY, GUEST HOST: Union membership is down. Rage is up. And now the lawsuits on their behalf, here they come.

Welcome, everyone. I'm Stuart Varney, in for Neil Cavuto. This is "Your World." And Washington may have stayed out of Wisconsin's union fight, but it seems to be making up for lost time. Last week, we told you about a suit involving jobs in the right-to-work state of South Carolina. Now the National Labor Relations Board (NLRB) is at it again, this time suing South Dakota and Arizona over an anti-union measure voters, not lawmakers, voters put through last November.

That measure protects a worker's right to a secret ballot.

My next guest vowing to make sure it stays that way. Frank Antenori is a Republican Arizona state senator.

Sir, welcome to the program.

SEN. FRANK ANTENORI, R - A.Z.: Thank you, Stuart. Thanks for having me on.

VARNEY: So, the people voted to make secret ballots compulsory for unionization. The government says, you can't do that.

What say you?

ANTENORI: Well, I find it kind of funny that the Obama administration is going to take the stand that voting by secret ballot is somehow unconstitutional.

I mean have the proposition right here. It is really quite simple. It basically says that the right to vote by secret ballot for employee representation is fundamental and shall be guaranteed where local, state or federal law permits or requires elections, designations or authorizations for employee representation.

I can't see how anyone would have any heartburn with that, unless they don't like people voting in secret and they want somebody there to help them vote. And I think that's what the crux of this is. The unions want to have the power to have somebody there to influence the outcome of a vote to unionize.

VARNEY: It is a straight union power fight, isn't it? That was pretty much an anti-union measure passed by 61 percent of the people in Arizona. The government supports unions. The National Labor Relations Board supports unions. You have got a straight fight going on here. That's what's happening, isn't it?

ANTENORI: Well, sure. Let's back it up a little bit and let your viewers know exactly what happened here.

After this initiative passed, the National Labor Relations Board came to Arizona and tried to negotiate with the state. And they wanted to force us to sign a confidentiality agreement -- confidentiality agreement that they could negotiate in secret. They didn't want the public to know what was going on. They tried to keep it quiet. And when the state of Arizona and our attorney general said, no, we won't agree to this confidentiality agreement, they then sued us.

And there were four states that passed this, and they picked two, of course Arizona being one of their favorites to sue because they are getting pretty good at it. But it is really quite simple. They -- they do not want a secret ballot. They want to have a union representative stand over the shoulder of employees when they decide on whether they want a union or not.

VARNEY: Well, why did they leave the other two states out? I understand why they would go after Arizona. You are not exactly a popular state, and South Dakota, I don't know about.

But why did they leave the other two out?

ANTENORI: Well, you know, Stuart, they claim that they do not have the financial resources to sue four states at the same time, so they picked two. And we were one of the lucky two, because, again, as you know, with the Obama administration, they just love suing Arizona, because we are out here fighting for the rights of our citizens, trying to protect our borders and looking out for our taxpayers.

And the federal government and the Obama administration and the NLRB, obviously bought and paid for by big labor, is under a lot of pressure to go after states that are supportive of businesses. And they are going to fight for the unions. And that is what they are doing. This is typically just a power move by the unions, calling into the administration to step up and fight for them to do something they have been unable to do out here at the ballot.

VARNEY: Well, where do things stand now? They're going to sue you. Well, what does that mean? Does that mean that your initiative passed by 61 percent of the people of Arizona does not go into effect? It is delayed until you get some kind of final court decision?

ANTENORI: Stuart, no, it's -- it's in effect right now, short of a judge putting a stay on that, which hasn't happened yet.

Our attorney general has already gone on record. Tom Horne has said, there is no preemption issue here, because there is no federal law that specifies how union organization is conducted. So, he thinks that the entire suit is baseless. And I believe the attorney general of Arizona along with the attorney general of South Dakota and the other states are going to come in and say that the federal government has no grounds to sue or enjoin the states from implementing this initiative.

VARNEY: Well, we will sure certainly follow it. Sixty-one percent of the people spoke. We will see how it turns out.

Thank you. Frank Antenori, thanks so much.

ANTENORI: Thanks, Stuart.

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