Open Shop
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An open shop is a place of
employment Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
at which one is not required to join or financially support a union ( closed shop) as a condition of hiring or continued employment.


Open shop vs closed shop

The major difference between an open and closed shop is the requirement for union membership.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. There are a variety of opinions regarding the benefits and negatives of open shops.


Pros vs. cons of open shops

In the United States, the introduction of 'right to work' laws has been linked with lower overall benefits but higher economic growth by some proponents. Such conclusions are debatable, however, as employment, investment, and income in traditionally unionized sectors of the economy cannot be correlated to the passage of such laws.


Union arguments

''Open shop'' means a factory, office, or other business establishment in which a union, chosen by a majority of the employees, acts as representative of all the employees in making agreements with the employer, but union membership is not a condition of being hired. Unions have argued against the open shop adopted by
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
employers in the first decade of the twentieth century, seeing it as an attempt to drive unions out of industries. For example, construction craft unions have always relied on controlling the supply of labor in particular trades and geographical areas as a means of maintaining union standards and establishing collective bargaining relations with the employers in that field. In order to do that, unions argued, construction unions—and to a lesser extent unions representing musicians, longshore workers, restaurant employees, and others who work on a transitory and relatively brief basis—must require that employers hire only their members. The open shop was also a key component of the American Plan introduced in the 1920s. In that era the open shop was directed not only at construction unions but also unions in mass production industries. Unions again felt that these proposed policies would give employers the opportunity to discriminate against union members in employment and would also lead to a steadfast opposition to collective bargaining of any sort


Legal status


United States

The open shop is legal in the
United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. Employers are under no legal compulsion to enter into union security agreements. The open shop is enforced in those states that have adopted right-to-work laws. In these states, employers are barred from enforcing union security arrangements and may not fire an employee for failure to pay union dues.


Canada

The term open shop is also used similarly in
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, mostly in reference to construction contractors that have at least a partially non-union workforce. Canadians enjoy the freedom to associate, guaranteed by the Charter of Rights and Freedoms, inherently including the right not to associate. In various
Canadian province Canada has ten provinces and three territories that are sub-national administrative divisions under the jurisdiction of the Constitution of Canada, Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North Amer ...
s, certain 'open shop' organizations have formed. Many of these organizations claim that small contractors are not adequately protected by current labour legislation. As labour law is a provincial jurisdiction in Canada, the laws vary from province to province. However, there is some common ground. Despite opposition from open shop contractors, in Ontario, the Liberal government recently reinstituted the card-based certification system that was in place for most of the post-World War II period. Card-based certification was reinstated only for the construction industry. It allows workers to certify an exclusive bargaining agent on the basis of membership, sometimes known as "majority sign-up". Some observers claim that this system creates a risk of employees being misled by business agents. Others assert that it overcomes the natural advantage that employers in opposition to unionization have over their employees. Some of these associations permit construction contractors that are unionized to join. Several companies whose employees are represented by the Christian Labour Association of Canada or CLAC, a union with non-traditional rules of membership, are members of the association. CLAC's roots trace to the Christian labour movement in the Netherlands.


Janus v. AFSCME

''Janus v. American Federation of State, County, and Municipal Employees, Council 31'', US (2018) is a US labor law case, concerning whether governments violate the First Amendment when they require their employees to pay fees to a union as a condition of employment. In February 2015,
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...
Republican Governor Bruce Rauner filed suit, claiming that fair-share agreements are unconstitutional and a violation of the First Amendment right to free speech. In March 2015, three government workers from Illinois represented by attorneys from the Illinois-based Liberty Justice Center and Virginia-based National Right to Work Legal Defense Foundation took legal action to intervene in the case. In May 2015, Rauner was dropped from the case, after a federal judge ruled that the governor did not have standing to bring such a suit, but the case proceeded under a new name, ''Janus v. AFSCME.'' The case is named after Mark Janus, an Illinois child support specialist covered by a
collective bargaining agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
. Janus claimed that he should not need to pay fees to the
American Federation of State, County and Municipal Employees American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, p ...
because doing so constitutes paying for political speech with which Janus disagrees. This became permissible after a 1977 decision by the
US Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
in '' Abood v. Detroit Board of Education''. The outcome of the case was in favor of Janus and as such non-union members cannot be compelled to pay fees in accordance with a given fair-share agreement that is in place with respect to a union.


See also

* Right-to-work law * Employers Group, former the Merchants and Manufacturers Association, fought for the open shop *
Agency shop Agency may refer to: Organizations * Institution, governmental or others ** Advertising agency or marketing agency, a service business dedicated to creating, planning and handling advertising for its clients ** Employment agency, a business that s ...
* Closed shop, the opposite of an 'open shop', where union membership is a requirement of employment


References

{{Organized labor, sp=ox Labor relations Criticism of trade unions