Teachers' Unions and Collective Bargaining: The U.S. Constitution
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
Constitutional Considerations of Teachers' Unions
The First Amendment of the Bill of Rights provides: "Congress shall make no law … prohibiting … the right of people peaceably to assemble." This right, as applied to the states through the Fourteenth Amendment of the Constitution, has been interpreted to give teachers and other employees the right to free association, including the right to join a union, such as the National Education Association or the American Federation of Teachers. However, the Constitution does not grant teachers the right to bargain collectively with employers. This right is based on applicable provisions in state constitutions, federal statutes, or state statutes. Similarly, teachers do not have a constitutional right to strike, although other federal or state laws may permit teachers to strike.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Contact a qualified education attorney to help you navigate education rights and laws.