Right to Organize
What does "Right to Organize" mean in law?
The right to organize is the fundamental right of employees under Section 7 of the National Labor Relations Act to form, join, or assist labor organizations and to engage in collective bargaining through representatives of their own choosing. This right also encompasses concerted activity for mutual aid or protection, even outside the context of a formal union, such as employees collectively protesting unsafe working conditions. The NLRA protects these rights by prohibiting employer interference, restraint, or coercion under Section 8(a)(1), and the NLRB enforces these protections through representation elections and unfair labor practice proceedings. Notably, the Supreme Court in Adair v. United States invalidated an early federal statute protecting organizing rights, but the constitutional landscape shifted with the New Deal era, permitting the NLRA's enactment under the Commerce Clause.
Definition
The right to organize is the fundamental right of employees under Section 7 of the National Labor Relations Act to form, join, or assist labor organizations and to engage in collective bargaining through representatives of their own choosing. This right also encompasses concerted activity for mutual aid or protection, even outside the context of a formal union, such as employees collectively protesting unsafe working conditions. The NLRA protects these rights by prohibiting employer interference, restraint, or coercion under Section 8(a)(1), and the NLRB enforces these protections through representation elections and unfair labor practice proceedings. Notably, the Supreme Court in Adair v. United States invalidated an early federal statute protecting organizing rights, but the constitutional landscape shifted with the New Deal era, permitting the NLRA's enactment under the Commerce Clause.
Example
When warehouse employees circulate a petition demanding higher wages and safer conditions, they are exercising their Section 7 right to organize, and the employer cannot discipline them for this concerted activity.