Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
heatmap

United States of America

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

United States’ overall score is 63.5 out of 100. The overall score for United States is lower than the regional average observed across North America (72). Within the North american region, the highest score is observed for Canada (80.5).

United States of America has not ratified either Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) or Convention No. 98 on the Right to Organise and Collective Bargaining (1949).

Labour Rights Index 2024

63.5/100

LRI Country Score

25/100

Freedom of Association Indicator

10.29 %

Trade union density rate (%)

12.1 %

Collective bargaining coverage rate (%)

3.08

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§7 of the National Labour Relations Act, 1935

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§9 of the National Labour Relations Act, 1935

Does the law provide for the right to strike?

No

0

§ 7116 (7A) of the Federal Service Labour-Management Relations Statute (Title VII of the Civil Service Reform Act of 1978)

A

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§9(3) of the National Labour Relations Act, 1935

A,C

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §7 of the National Labour Relations Act, 1935

Information

Source: §9 of the National Labour Relations Act, 1935

Information

Source: § 7116 (7A) of the Federal Service Labour-Management Relations Statute (Title VII of the Civil Service Reform Act of 1978)

A : National Law

National Labour Legislation

"Art 7116: (b) For the purpose of this chapter, it shall be an unfair labor practice for a labor organization-- ................. (7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency's operations, or (B) to condone any activity described in subparagraph (A) of this paragraph by failing to take action to prevent or stop such activity"

Information

Source: §9(3) of the National Labour Relations Act, 1935

A : National Law

National Labour Legislation

"Art.9 (3) No election shall be directed in any bargaining unit or any subdivision within which, in the preceding twelve-month period, a valid election shall have been held. Employees engaged in an economic strike who are not entitled to reinstatement shall be eligible to vote under such regulations as the Board shall find are consistent with the purposes and provisions of this Act in any election conducted within twelve months after the commencement of the strike. In any election where none of the choices on the ballot receives a majority, a run-off shall be conducted, the ballot providing for a selection between the two choices receiving the largest and second largest number of valid votes cast in the election."

C : ITUC

ITUC Global Rights Index (country legal profile)

"Possibility to replace workers during lawful strike actions The National Labor Relations Act (NLRA) allows employers to replace striking workers permanently. Permanent replacement workers can vote in a decertification election to eliminate union representation."