Omar Bennett
The right to unionise is protected by the U.S. Constitution, and federal law. However, many employers use union-busting tactics and take advantage of the fact that most Americans are not familiar with their rights under the National Labor Relations Act (NLRA). In November 2024, the NLRB ruled that requiring employees to attend meetings where the employer expresses its views on unionisation violates the NLRA. This ruling acknowledged that such meetings create an atmosphere of coercion and interfere with employees' right to freely choose whether or not to join a union. Despite this, employers retain the right to express their views on unionisation.
| Characteristics | Values |
|---|---|
| Right to express views on unionization | Protected by the First Amendment of the Constitution |
| Right to hold meetings to discuss views on unionization | No longer protected by the National Labor Relations Act |
| Right to unionize | Protected by the U.S. Constitution, international law, and U.S. Federal Law |
| Right to object to union membership | Protected by the Beck right |
| Right to not be discriminated against because of union activities or sympathies | Protected by Section 8(a)(3) of the Act |
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What You'll Learn
- The right to unionize is protected by the U.S. Constitution and international law
- Employers retain the right to express their views on unionization
- The National Labor Relations Act of 1935 is a foundational statute of labor law in the United States
- It is unlawful to discourage or encourage union activities or sympathies by discrimination in regard to hire or tenure of employment
- Employees who object to full union membership may continue as 'core' members
The right to unionize is protected by the U.S. Constitution and international law
The freedom of association for the advancement of shared values is inseparable from the "liberty" assured by the Due Process Clause of the Fourteenth Amendment. When politicians make it harder to join a union and employers use union-busting tactics, they are not just violating federal law, they are infringing on the constitutional right to unionize.
The right to join together in unions is a basic human right protected by international law. Article 23 of the Universal Declaration of Human Rights guarantees the right to form and join trade unions. The Declaration on Fundamental Principles and Rights at Work also states that collective bargaining and freedom of association are essential rights of workers.
The right to unionize is also protected by U.S. Federal Law. The National Labor Relations Act of 1935 is a foundational statute of labor law in the United States. It is unlawful to discourage or encourage union activities or sympathies "by discrimination in regard to hire or tenure of employment or any term or condition of employment." For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.
Even under a security agreement, employees who object to full union membership may continue as 'core' members and pay only that share of dues used directly for representation, such as collective bargaining and contract administration. Known as objectors, they are no longer full members but are still protected by the union contract.
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Employers retain the right to express their views on unionization
While the right to unionize is protected by the U.S. Constitution, employers retain the right to express their views on unionization. The First Amendment of the Constitution guarantees freedom of speech, assembly, and petition, as well as freedom of association, which includes the right to take collective action to pursue the interests of its members. This constitutionally protected freedom of association includes unionization and union-related activities.
However, it is important to note that employers cannot use union-busting tactics or discourage union activities by discriminating in regard to hiring, tenure, or any other terms or conditions of employment. For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union. Such actions would be considered unfair labour practices and a violation of federal law.
In November 2024, the National Labor Relations Board (NLRB) issued a decision that significantly impacted the way employers can communicate with employees during a union election. The Board ruled that requiring employees to attend meetings where the employer expresses its views on unionization violates the National Labor Relations Act. This ruling acknowledged the coercive nature of such meetings and recognised that they interfere with employees' right to freely choose whether or not to join a union.
Despite this ruling, employers still retain the right to express their views on unionization. However, they must do so without infringing on the rights of employees to freely associate and take collective action, as protected by the U.S. Constitution and federal law.
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The National Labor Relations Act of 1935 is a foundational statute of labor law in the United States
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of labour law in the United States. It was passed by a Congress sympathetic to labour unions and established the National Labor Relations Board, which addresses relations between unions and employers in the private sector.
The Act makes it clear that it is the policy of the United States to encourage collective bargaining by protecting workers' full freedom of association. It protects workplace democracy by providing employees at private-sector workplaces the fundamental right to seek better working conditions and designation of representation without fear of retaliation. The Act also protects employees' right to unionize. This is also protected by the First Amendment of the Constitution, which guarantees freedom of association.
The Act prohibits employers from discouraging or encouraging union activities or sympathies by discrimination in regard to hire or tenure of employment or any term or condition of employment. For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union.
In November 2024, the NLRB issued a decision which significantly impacted the way employers can communicate with employees during a union election. The Board ruled that requiring employees to attend meetings where the employer expresses its views on unionization violates the National Labor Relations Act. Previously, employers were permitted to hold mandatory captive audience meetings to discuss their stance on unionization. However, the NLRB has acknowledged that such meetings create an atmosphere of coercion and interfere with employees’ right to freely choose whether or not to join a union.
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It is unlawful to discourage or encourage union activities or sympathies by discrimination in regard to hire or tenure of employment
In the United States, the right to unionise is protected by the First Amendment of the Constitution, which guarantees freedom of association. This includes the right to take collective action to pursue the interests of the group. This right is also protected by international law and US federal law.
The National Labor Relations Act (NLRA) of 1935 is a foundational statute of labour law in the United States. Under the NLRA, it is unlawful to discourage or encourage union activities or sympathies by discrimination in regard to hire or tenure of employment. For example, employers may not discharge, lay off, or discipline employees, or refuse to hire job applicants, because they are pro-union. This is considered an unfair labour practice.
The National Labor Relations Board (NLRB) has ruled that requiring employees to attend meetings where the employer expresses its views on unionisation violates the NLRA. This is because such meetings create an atmosphere of coercion and interfere with employees' right to freely choose whether or not to join a union. However, the NLRB recognises that employers retain the right to express their views on unionisation.
Employees who object to full union membership may continue as 'core' members and pay only that share of dues used directly for representation. This option was created by a Supreme Court ruling and is known as the Beck right.
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Employees who object to full union membership may continue as 'core' members
Employees who object to full union membership may continue as core members. This is known as the Beck right, created by a Supreme Court ruling. Core members are no longer full members but are still protected by the union contract. They pay only that share of dues used directly for representation, such as collective bargaining and contract administration.
Unions are required to tell all covered employees about this option. Employees may object to union membership on religious grounds, but in that case, they must pay an amount equal to dues to a nonreligious charitable organisation.
The right to join together in unions is a basic human right protected by the U.S. Constitution and international law. The First Amendment of the Constitution, which guarantees freedom of speech, assembly, and petition, also guarantees freedom of association. This includes the right of the group to take collective action to pursue the interests of its members.
The National Labor Relations Act of 1935 is a foundational statute of labour law in the United States. In November 2024, the NLRB issued a decision which significantly impacted the way employers can communicate with employees during a union election. The Board ruled that requiring employees to attend meetings where the employer expresses its views on unionisation violates the National Labor Relations Act. Previously, employers were permitted to hold mandatory captive audience meetings to discuss their stance on unionisation. However, the NLRB has acknowledged that such meetings create an atmosphere of coercion and interfere with employees’ right to freely choose whether or not to join a union.
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Frequently asked questions
Yes, employers are constitutionally protected to express their views against unions. However, they are not permitted to hold mandatory meetings to discuss their stance on unionisation, as this creates an atmosphere of coercion and interferes with employees' right to freely choose whether or not to join a union.
Yes, employers can be punished for expressing their views against unions if they do so in a way that violates the National Labor Relations Act. For example, it is unlawful for employers to discourage union activities or sympathies by discriminating in regard to hire or tenure of employment.
If an employer violates an employee's right to unionise, they are not only breaking federal law but also infringing on the employee's constitutional right to unionise. This is considered an unfair labour practice and can result in legal consequences for the employer.
