they want secret ballots for union management. >>judge napolitano: that is despicable. what they have done by taking sides here, by saying that there is something wrong with the secret ballot, secret ballot is american as apple pie and it has been the standard in this country since the end of the civil war, you vote, nobody looks over your shoulders. >> a recess appointment to the national labor relations board clearly a pro union guy sits on the board. it is tough to say they are independent and middle of the road. >>judge napolitano: they are supposed to be independent and middle of the road. they are not. in fairness, republicans appointees favor management and democrats favorer appoint those who favor labor unions but what this board is doing is assaulting a vital core principle of american decisionmaking when you vote no one looks over your shoulder. this is so unlikely to prevail