Malcolm Rivera
The right to join a union is protected by the First Amendment to the Constitution, which guarantees freedom of assembly and association. This right has been upheld by the Supreme Court, which has held that peaceful organizing activities are constitutionally protected. Prior to the New Deal, the right to organize a union was constitutionally unprotected, but since then it has become well established that the protection of the First Amendment encompasses a right of association. This right is also protected by statute, most prominently Section 7 of the National Labor Relations Act, which states that employees have the right to self-organization, to form, join, or assist labor organizations, and to bargain collectively.
| Characteristics | Values |
|---|---|
| Right to self-organise | Protected by statute, most prominently Section 7 of the National Labor Relations Act |
| Right to join a union | Protected by freedom of assembly and association |
| Right to form a union | Protected by the First Amendment to the Constitution |
| Right to bargain collectively | Protected by the First Amendment to the Constitution |
| Right to assemble peacefully | Protected by the Supreme Court |
| Right to freedom of speech | Protected by the Supreme Court |
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What You'll Learn
Freedom of assembly and association
The right to organize labor is protected by statute, most prominently Section 7 of the National Labor Relations Act: "Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection."
The Supreme Court has held that peaceful organizing activities are constitutionally protected. In *Hague v. Congress of Industrial Organizations* (1939), the Court held that freedom of speech and assembly attached to the dissemination of information regarding the NLRA, as well as peaceful assembly "for the discussion of the Act, and of the opportunities and advantages offered by it."
In *Thomas v. Collins* (1945), the Court held that freedom of speech and assembly were violated by a statute requiring union organizers to register before engaging in any organizing activities. In this case, the Court found that the statute infringed on the right to assemble and associate, which is protected by the First Amendment.
Freedom of association in labor unions has always been fundamental to the development of democratic society. While labor unions were routinely suppressed by the government in early colonial history, after the American Revolution, courts departed from repressive elements of English common law.
While the Supreme Court has not explicitly found that the right to join a union is protected by freedom of assembly and association, it has become well-established that the protection of the First Amendment encompasses a right of association. This means that workers must be protected regardless of whether they are unionized.
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The right to self-organisation
> Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
The Supreme Court has held that peaceful organising activities are constitutionally protected. In *Hague v. Congress of Industrial Organizations* (1939), the Court held that freedom of speech and assembly attached to the dissemination of information regarding the NLRA, as well as peaceful assembly "for the discussion of the Act, and of the opportunities and advantages offered by it". In *Thomas v. Collins* (1945), the Court held that freedom of speech and assembly were violated by a statute requiring union organisers to register prior to engaging in any organising activities.
With a few early exceptions, labour activity has generally been viewed by both Congress and the Supreme Court as economic. The "proper" role of unions has been confined to "economic" issues surrounding the collective bargaining process, with the consequence that labour's rights of expression are narrower than those attaching to organisations classified as political. Congress has a broader power to regulate association and expression in the labour context. Prior to the New Deal, the right to organise a union was constitutionally unprotected. Since the New Deal, however, it has become well established (for example, in *NAACP v. Alabama*, 1958) that the protection of the First Amendment encompasses a right of association.
Freedom of association in labour unions has always been fundamental to the development of democratic society, and is protected by the First Amendment to the Constitution. In early colonial history, labour unions were routinely suppressed by the government. Recorded instances include cart drivers being fined for striking in 1677 in New York City, and carpenters prosecuted as criminals for striking in Savannah, Georgia in 1746. After the American Revolution, however, courts departed from repressive elements of English common law.
Workers must be protected without regard to whether they are unionised.
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The right to work
The Supreme Court has held that peaceful organizing activities are constitutionally protected. In *Hague v. Congress of Industrial Organizations* (1939), the Court held that freedom of speech and assembly attached to the dissemination of information regarding the NLRA, as well as peaceful assembly "for the discussion of the Act, and of the opportunities and advantages offered by it." In *Thomas v. Collins* (1945), the Court held that freedom of speech and assembly were violated by a statute requiring union organizers to register prior to engaging in any organizing activities.
In early colonial history, labor unions were routinely suppressed by the government. Recorded instances include cart drivers being fined for striking in 1677 in New York City, and carpenters prosecuted as criminals for striking in Savannah, Georgia in 1746. After the American Revolution, however, courts departed from repressive elements of English common law.
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The right to collective bargaining
> Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.
The Supreme Court has held that peaceful organising activities are constitutionally protected. In *Hague v. Congress of Industrial Organizations* (1939), the Court held that freedom of speech and assembly attached to the dissemination of information regarding the NLRA, as well as peaceful assembly "for the discussion of the Act, and of the opportunities and advantages offered by it". In *Thomas v. Collins* (1945), the Court held that freedom of speech and assembly were violated by a statute requiring union organisers to register before engaging in any organising activities.
With a few early exceptions, labour activity has generally been viewed by both Congress and the Supreme Court as economic. The "proper" role of unions has been confined to "economic" issues surrounding the collective bargaining process, with the consequence that labour's rights of expression are narrower than those attaching to organisations classified as political. Congress has a broader power to regulate association and expression in the labour context. Prior to the New Deal, the right to organise a union was constitutionally unprotected. Since the New Deal, however, it has become well established that the protection of the First Amendment encompasses a right of association.
Freedom of association in labour unions has always been fundamental to the development of democratic society, and is protected by the First Amendment to the Constitution. In early colonial history, labour unions were routinely suppressed by the government. Recorded instances include cart drivers being fined for striking in 1677 in New York City, and carpenters prosecuted as criminals for striking in Savannah, Georgia in 1746. After the American Revolution, however, courts departed from repressive elements of English common law.
Workers must be protected without regard to whether they are unionised.
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The right to peaceful assembly
The Supreme Court has held that peaceful organising activities are constitutionally protected. In *Hague v. Congress of Industrial Organizations* (1939), the Court held that freedom of speech and assembly attached to the dissemination of information regarding the National Labor Relations Act (NLRA), as well as peaceful assembly "for the discussion of the Act, and of the opportunities and advantages offered by it".
In *Thomas v. Collins* (1945), the Court held that freedom of speech and assembly were violated by a statute requiring union organisers to register prior to engaging in any organising activities.
Prior to the New Deal, the right to organise a union was constitutionally unprotected. Since the New Deal, however, it has become well established that the protection of the First Amendment encompasses a right of association. For example, in *NAACP v. Alabama* (1958), it was established that the First Amendment protects the right of association.
In the labour context, it has not been necessary for the Supreme Court explicitly to find that the right to join a union is protected by freedom of assembly and association. However, freedom of association in labour unions has always been fundamental to the development of democratic society. After the American Revolution, courts departed from repressive elements of English common law.
Workers must be protected regardless of whether they are unionised.
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Frequently asked questions
Yes, the constitution protects the right to organise labour.
The right to organise labour means that workers are free to join labour unions and to take collective action, such as going on strike, to improve their working conditions and advance their personal interests.
The right to organise labour is protected by national laws and international conventions, such as the Freedom of Association and Protection of the Right to Organise Convention, 1948. These laws and conventions ensure that workers can exercise their right to organise freely and without interference from the state or employers.
Yes, the right to organise labour is subject to the law of the land. This means that workers must respect the laws and regulations of their country when exercising their right to organise. In some countries, the right to organise labour may not apply to members of the armed forces or the police.
The right to organise labour is important for ensuring that workers have a say in their working conditions and can advocate for their rights and interests. It also helps to create a more democratic society by giving workers a political voice and enabling them to hold employers and the government accountable.
