I would say “freedom of assosciation” weighs in, but of course, it should not require any additional law to be passed if you are making a constitional appeal.
IMHO, it is not constitutional to legislatively intervene either way. You can’t tell the labor force they can’t form unions, and you can’t tell the hiring agencies that they can’t fire anyone who join a union.
(But you could definitely pass laws against ‘striking’ in respect to interstate commerce.)
> it is not constitutional to legislatively intervene either way. You can’t tell the labor force they can’t form unions, and you can’t tell the hiring agencies that they can’t fire anyone who join a union <
Amen!
But EVEN IF it’s constitutional to force businesses in interstate commerce to accept unions, where in the Constitution does it give Congress the power to force unions on state and local governments? I’d say nowhere. This matter clearly rests within the exclusive discretion of the states, who then may delegate (or fail to delegate) appropriate resposibility to their respective localities.
In this regard, the Supreme Court’s decision in United States v. Lopez (1995) — concerning the “Gun-Free School Zones Act” — suggests that if this bill should become law, it will be vulnerable to a constitutional challenge.