3 ms·

>which I'd say is fairly unconstitutional. Genuinely curious, what part of the Constitution protects their right to negotiate?

bluish29 3y ago
The NLRA was passed in 1935 which is the law that have the following: > Section 7: Employees have the right to self-organize, form, join, or assist labor unions, bargain collectively with employers through representatives of their own choosing, and engage in other concerted activities for the purpose of collective bargaining. > Section 8(a)(1): Employers cannot interfere with, restrain, or coerce employees in the exercise of their rights under Section 7. Shortly after that, it was challenged [1]. In short, The Supreme Court upheld the act in a 5-4 decision, acknowledging Congress's power to regulate interstate commerce, even indirectly through labor regulations. This was not the only case. The supreme court weighted on many aspects of the act [2] [1] https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Steel_Corp https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Ste... [2] https://news.bloomberglaw.com/daily-labor-report/unions-have-right-of-access-for-nlra-employees-after-scotus-ruling-18 https://news.bloomberglaw.com/daily-labor-report/unions-have...
- roamerz 3y ago
  Thank you. The first link did not work. I think the correct one is: [1] https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Steel_Corp https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Ste....
  - bluish29 3y ago
    Thanks, fixed.
kemayo 3y ago
The National Labor Relations Act creates a right to collective bargaining for private sector employees. It's not a fundamental constitutional right, but it is a right. I've seen arguments about it being impossible for the state to restrict union activities under the 1st amendment because of freedom of association, and trying to shoehorn it into the 14th under a due process theory (can't deprive liberty without process). These are both restrictions on state activity, i.e. saying that the state can't outlaw unions, rather than saying that a private sector company couldn't just immediately fire anyone who joins a union.
- bluish29 3y ago
  I think you mean "private sector" instead of "public sector" unless you are using a non-standard definition of what public means. In this context public vs private is in relation to the state (government) not the stocks and shareholders.
  - kemayo 3y ago
    Oops, you're right, I'll edit that.
moomin 3y ago
The 13th
- kemayo 3y ago
  I don't think that would work. The thirteenth is the amendment which prohibits slavery and involuntary servitude, both of which would only apply if a company was forcibly stopping you from leaving a job.

bluish29 3y ago

The NLRA was passed in 1935 which is the law that have the following: > Section 7: Employees have the right to self-organize, form, join, or assist labor unions, bargain collectively with employers through representatives of their own choosing, and engage in other concerted activities for the purpose of collective bargaining. > Section 8(a)(1): Employers cannot interfere with, restrain, or coerce employees in the exercise of their rights under Section 7. Shortly after that, it was challenged [1]. In short, The Supreme Court upheld the act in a 5-4 decision, acknowledging Congress's power to regulate interstate commerce, even indirectly through labor regulations. This was not the only case. The supreme court weighted on many aspects of the act [2] [1] https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Steel_Corp https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Ste... [2] https://news.bloomberglaw.com/daily-labor-report/unions-have-right-of-access-for-nlra-employees-after-scotus-ruling-18 https://news.bloomberglaw.com/daily-labor-report/unions-have...

roamerz 3y ago
Thank you. The first link did not work. I think the correct one is: [1] https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Steel_Corp https://en.wikipedia.org/wiki/NLRB_v._Jones_%26_Laughlin_Ste....
- bluish29 3y ago
  Thanks, fixed.

kemayo 3y ago

The National Labor Relations Act creates a right to collective bargaining for private sector employees. It's not a fundamental constitutional right, but it is a right. I've seen arguments about it being impossible for the state to restrict union activities under the 1st amendment because of freedom of association, and trying to shoehorn it into the 14th under a due process theory (can't deprive liberty without process). These are both restrictions on state activity, i.e. saying that the state can't outlaw unions, rather than saying that a private sector company couldn't just immediately fire anyone who joins a union.

bluish29 3y ago
I think you mean "private sector" instead of "public sector" unless you are using a non-standard definition of what public means. In this context public vs private is in relation to the state (government) not the stocks and shareholders.
- kemayo 3y ago
  Oops, you're right, I'll edit that.

moomin 3y ago

The 13th

kemayo 3y ago
I don't think that would work. The thirteenth is the amendment which prohibits slavery and involuntary servitude, both of which would only apply if a company was forcibly stopping you from leaving a job.