I’m sure it’s unConstitutional, but I haven’t finished the Introduction to The Federalist Papers yet.
The 1st Amendment protects the people’s right to practice religion, to speak freely, to assemble (meet), to address the government and of the press to publish.
The 9th Amendment is simply a statement that other rights aside from those listed may exist, and just because they are not listed doesn’t mean they can be violated.
Do these two Amendments speak to the problem?
the 9th is just the open door to find other rights - and tells us that the ones enumerated in 1-8 don’t hold any magical powers over new one found through this door. the primary example of the 9A right is the fundamental Right to Privacy.
it’s the Right to Peaceably Assemble that is interesting. i don’t know how labor unions have come travelled through this issue - if at all. is there a constitutional right to work without collective bargaining? i doubt it. but i am sure there are other folks with their finger on this pulse.
there must be plenty of SCOTUS cases because of all the federal legislation on the topic.