Labor Rights: Constitutional Protections For Workers Explained

The constitutional provision on protection to labor is a complex topic with a long history. In the United States, the First Amendment protects the freedom of association in labor unions, which has been fundamental to the development of democratic society. The Fifth and Fourteenth Amendments have also been interpreted to protect the right to freedom of contract, with the Supreme Court holding that legislation regulating the labor market (such as wages and hours laws) could be invalidated if it unreasonably interferes with this contractual freedom. This interpretation has been contested, with dissenting judges arguing that due process does not affect the legislative power to create social or economic rights. The right to self-organization, to bargain collectively, and to use strikes for mutual aid or protection are also important aspects of labor protection, with §157 aiming to establish these as federal rights for employees.

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Freedom of association in labour unions

The first reported case, *Commonwealth v. Pullis* in 1806, did find shoemakers in Philadelphia guilty of "a combination to raise their wages". This common law view of the permissible limits of labour activity was read into the Constitution by the Supreme Court in the late nineteenth century, as it interpreted substantive due process and elaborated a restrictive conception of the federal commerce power. The Supreme Court constitutionalised the common law of employment by placing "freedom of contract" within the liberty protected by the Fifth and Fourteenth Amendments.

Many important cases concerned legislation designed to regulate the labour market as to hours, wages, and working conditions. This type of legislation—such as the wages and hours law in the leading case of *Lochner v. New York* (1905)—was invalidated if, in the Court's view, it unreasonably interfered with the contractual freedom of employer and employee. A right to freedom of contract, argued a majority, could be construed from the Fifth and Fourteenth Amendment's protection against being deprived "of life, liberty, or property, without due process of law".

Dissenting judges argued that "due process" did not affect the legislative power to create social or economic rights, because employees "are not upon a full level of equality of choice with their employer". After the Wall Street Crash, and the New Deal with the election of Franklin D. Roosevelt, the majority in the US Supreme Court was changed. In *West Coast Hotel Co. v. Parrish Hughes CJ* held (over four dissenters still arguing for Freedom of Contract) that a Washington law setting minimum wages for women was constitutional because the state legislatures should be enabled to adopt legislation in the public interest.

Freedom of contract

In the late nineteenth century, the Supreme Court interpreted substantive due process and elaborated a restrictive conception of the federal commerce power. The Court constitutionalised the common law of employment by placing "freedom of contract" within the liberty protected by the Fifth and Fourteenth Amendments. This meant that legislation designed to regulate the labour market as to hours, wages, and working conditions could be invalidated if it unreasonably interfered with the contractual freedom of employer and employee. For example, in the leading case of *Lochner v. New York* (1905), a wages and hours law was invalidated.

The right to freedom of contract was argued to be derived from the Fifth and Fourteenth Amendment's protection against being deprived "of life, liberty, or property, without due process of law". However, dissenting judges argued that "due process" did not affect the legislative power to create social or economic rights, as employees are not on a "full level of equality of choice" with their employers. After the Wall Street Crash, the majority in the US Supreme Court was changed. In *West Coast Hotel Co. v. Parrish Hughes CJ*, the Court held that a Washington law setting minimum wages for women was constitutional because state legislatures should be able to adopt legislation in the public interest.

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. However, after the American Revolution, courts departed from repressive elements of English common law.

Notions of freedom of contract were also applied to the activities of labour unions. In 1898, in the aftermath of a violent Pullman strike, Congress passed the Erdman Act, outlawing yellow dog contracts—contracts by which employees agreed not to join labour unions. In *Adair v. United States* (1908), the Supreme Court held that the act violated the due process clause of the Fifth Amendment, stating that "the employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land".

Right to self-organisation

The right to self-organisation is a constitutional provision on the protection of labour. It grants employees the legal right to self-organise, bargain collectively, and use concerted activities, including strikes, for mutual aid or other protection. This right is protected by §157 of federal law.

The right to self-organisation is an important aspect of labour law, as it allows employees to have a say in their working conditions and to protect their interests. It is also fundamental to the development of a democratic society, as it allows for freedom of association in labour unions. This freedom of association is protected by the First Amendment to the Constitution.

In the early history of the United States, labour unions were often suppressed by the government. For example, in 1677, cart drivers were fined for striking in New York City, and in 1746, carpenters were prosecuted as criminals for striking in Savannah, Georgia. However, after the American Revolution, courts began to depart from the repressive elements of English common law.

Despite this, the Supreme Court interpreted substantive due process in the late nineteenth century, placing "freedom of contract" within the liberty protected by the Fifth and Fourteenth Amendments. This interpretation was used to invalidate legislation designed to regulate the labour market, such as the wages and hours law in the leading case of *Lochner v. New York* (1905).

It wasn't until after the Wall Street Crash and the election of Franklin D. Roosevelt that the majority in the US Supreme Court changed. In *West Coast Hotel Co. v. Parrish Hughes CJ*, the Court held that a Washington law setting minimum wages for women was constitutional, as state legislatures should be able to adopt legislation in the public interest.

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Bargaining collectively

The constitutional provision on protection to labour is based on the notion of freedom of contract. The Supreme Court constitutionalised the common law of employment by placing "freedom of contract" within the liberty protected by the Fifth and Fourteenth Amendments. This means that employees have the right to "self-organisation", "to bargain collectively" and use "concerted activities" including strikes for "mutual aid or other protection".

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.

The first reported case, *Commonwealth v. Pullis* in 1806, did find shoemakers in Philadelphia guilty of "a combination to raise their wages". In 1898, in the aftermath of a violent Pullman strike, Congress passed the Erdman Act, outlawing yellow dog contracts—contracts by which employees agreed not to join labour unions. In *Adair v. United States* (1908) the Supreme Court held that the act violated the due process clause of the Fifth Amendment:

> "The employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract which no government can legally justify in a free land.…"

The Court struck down a similar state statute in *Coppage v. Kansas* (1915), and, in the 1917 case of *Hitchman Coal v. Mitchell*, relied on the constitutional protection of yellow dog contracts in holding that federal courts could prevent unions from organising at plants they knew to be covered by such contracts.

Striking for mutual aid or other protection

The constitutional provision on protection to labour is a complex topic. In the late nineteenth century, the Supreme Court interpreted substantive due process and elaborated a restrictive conception of the federal commerce power. The Supreme Court constitutionalised the common law of employment by placing "freedom of contract" within the liberty protected by the Fifth and Fourteenth Amendments.

However, the dissenting judges argued that "due process" did not affect the legislative power to create social or economic rights, as employees are not on a "full level of equality of choice with their employer".

In the early history of the United States, labour unions were routinely suppressed by the government. For example, cart drivers were fined for striking in 1677 in New York City, and carpenters were prosecuted as criminals for striking in Savannah, Georgia in 1746.

After the American Revolution, courts departed from repressive elements of English common law. Despite this, in 1806, shoemakers in Philadelphia were found guilty of "a combination to raise their wages".

In 1898, after a violent Pullman strike, Congress passed the Erdman Act, outlawing yellow dog contracts, where employees agreed not to join labour unions. In Adair v. United States (1908), the Supreme Court held that the act violated the due process clause of the Fifth Amendment, stating that "the employer and the employee have equality of right, and any legislation that disturbs that equality is an arbitrary interference with the liberty of contract".

The right to strike for mutual aid or other protection is a fundamental aspect of labour law. Employees have the legal "right to self-organisation", "to bargain collectively", and use "concerted activities", including strikes, to protect their interests. This right to strike is protected by the First Amendment to the Constitution, which guarantees freedom of association in labour unions.

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