The Obama administration shows they could care less about what happened in November, as evidenced by a just-released statement from the National Labor Relations Board which declares the recently-passed South Carolina state constitutional amendment protecting the right to settle union elections by secret ballot to be null and void.
The media release advises that the board views the amendment as having no legal effect and threatens legal action against any state which attempts to implement such action:
The National Labor Relations Board today advised the Attorneys General of Arizona, South Carolina, South Dakota, and Utah that recently-approved state constitutional amendments governing the method by which employees choose union representation conflict with federal labor law and therefore are preempted by the Supremacy Clause of the U.S. Constitution.
The states were also advised that the Board has authorized the Acting General Counsel to file lawsuits in federal court, if necessary, to enjoin them from enforcing the laws.
Under the 1935 National Labor Relations Act, private-sector employees have two ways to choose a union: They may vote in a secret-ballot election conducted by the NLRB, or they may persuade an employer to voluntarily recognize a union after showing majority support by signed authorization cards or other means.
The state amendments prohibit the second method and therefore interfere with the exercise of a well-established federally-protected right. For that reason, they are preempted by the Supremacy Clause of the U.S. Constitution.
More on this issue will be forthcoming ...