The right to unionize

The right to unionize is a basic human and legal right recognized in the first amendment to the Constitution, "the right of the people peaceably to assemble" and guaranteed in the 13th amendment prohibiting slavery and involuntary servitude and in the 9th amendment prohibiting the denial of whatever other rights people have. In common law, a contract needs mutual consent, and to deny employees the option of negotiating terms of employment as a group is to deny them comparable power with the employer and thus to deny mutuality of consent.