The right to form a union or association is a fundamental right protected by the U.S. Constitution. The First Amendment of the Constitution guarantees the freedom of speech, assembly, and petition, which includes freedom of association. This means that individuals have the right to associate with others who have similar political, religious, or cultural beliefs. The freedom of association encompasses the right of the group to take collective action to pursue the interests of its members.
Under the National Labor Relations Act (NLRA), workers have the right to organize into unions, engage in collective bargaining, and take collective action. If a majority of workers want to form a union, they can select a union in one of two ways: if at least 30% of workers sign cards or a petition saying they want a union, the National Labor Relations Board (NLRB) will conduct an election. If a majority of those who vote choose the union, the NLRB will certify the union as the representative for collective bargaining. Once a union has been certified or recognized, the employer is required to bargain over the terms and conditions of employment with the union representative.
It is important to note that the right to form a union or association is subject to state regulation, and state action that may have the effect of curtailing the freedom to associate is subject to the closest scrutiny.
