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Steven Mitchell
Sack

The Employee’s Lawyer®

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Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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The Right to Unionize

The Constitution of the United States guarantees its citizens the right to freely associate, and to peacefully assemble for political purposes. However, the modern labor union only dates to the 1930s, with the passage of the National Labor Relations Act (NLRA). Until that point, labor unions were made illegal, and were often broken up by police, or sometimes even by the State or National Guard. Moreover, there are still many people who are not allowed to legally unionize, or who have their right to organize significantly restricted. How can this be true?

As stated above, labor unions are governed federally by the National Labor Relations Act of 1935 (as amended by the Taft-Hartley Act of 1947). The NLRA specifically states what sorts of practices unions are permitted to engage in, how labor unions are organized, what employers can do with their employees, and what happens when there’s a labor dispute between unionized workers and their employer. What might surprise most people is that the NLRA makes striking (one of the most common union tactics) illegal, so long as there is a valid union contract in place. Before a union can legally strike, they must show their employer violated the union contract.

Additionally, the NLRA doesn’t cover every employee. Government employees, ironically enough, aren’t protected by the NLRA, nor are airline or railroad employees. Where there are public unions, or unions for railroad and airline employees, they are governed by the relevant state’s law (such as with the New York State Employment Relations Act, which permits the creation of public unions). Independent contractors, domestic workers, and farm workers are also not covered by the NLRA, and thus do not have a right to unionize under federal law.

The reason unions are not universally legal, even though every American has the constitutional right to freely associate and assemble, is that unions aren’t considered a simple assembly of workers. Instead, a labor union is something akin to a corporation, an entity that is legally separate from the people who constitute its membership. Natural persons (i.e. real, living people) have constitutional rights; labor unions only have those rights conferred to them by statute. Public employees, domestic workers, farm workers, and independent contractors are all free to associate and assemble to fight for their economic betterment, they’re just not allowed to form unions and collectively bargain with their employers.

If you are looking into unionizing, or you already have a union and are in a dispute with your employer, give the Law Offices of Steve Sack a call. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer who has considerable experience in handling the many aspects of labor and employment law. To schedule a consultation with New York City employment lawyer Steve Mitchell Sack, call (917) 371-8000.

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    Our Reviews and Client Feedback

    I dealt with steven as an adversary. I found him to be one of the most respectful,, knowledgeable, and effective attorneys i have encountered in my 40 years of practicing law.
    Steven isn't just a great lawyer, he is a great person. He was always available to take my calls, and to give good advice. I would highly recommend him.
    "I am an attorney, and I can say that Mr sack did an outstanding job in negotiating a severance agreement. He picked up the phone and made a call, something simple, timely and effective that no other attorney would do. Mr. Sack was effective, to the point, he always followed up, and he got me a better result than any other attorney would have.

    He exceeded expectations, and I am very grateful that I hired him.

    I would recommend him to any employee involved in a sensitive situation where diplomatic negotiation and communication is needed. He kept me very well informed about the progress of my case and obtained a very satisfactory negotiated formal written severance agreement, which is one of his specialties."
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    The best contract lawyer out there. Responsive compassionate and got results results fast. Unbelievable contract lawyer best in NYC.
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    I had the pleasure of working with Steven on my separation agreement, and I couldn’t be more grateful for his expertise and dedication. From the very beginning, he provided clear, strategic guidance, ensuring that my rights were fully protected. He took the time to answer all my questions, kept me informed at every step, and negotiated effectively on my behalf. His attention to detail and deep understanding of employment law helped me secure an exceptional outcome. I highly recommend Steven!
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    I had a great experience working with Steven Sack recently relating to a recent job separation from my former employer. He is straight to the point, very knowledgeable, and easy to work with. I absolutely recommend his services to anyone that needs an employment attorney.
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