Opublikowane: 03-12-2020

Are Closed Shop Agreements Legal


In 1996, the Danish Christian Union (Den Kristelige Fagforening, DKF) filed a lawsuit against a company that had dismissed a worker for breaching a 1990 agreement with the General Union of Workers in Denmark (Ink Specialarbejderforbund, SiD). The „Closed Shop” agreement indicated that employees recruited after 1990 were already or would become members of SiD. After working for a year with the company when the closed store contract was entered into with SiD, the employee became a Member of SiD at the centre of the case. Subsequently, he regretted the affiliation and refused to pay union dues, which led to his exclusion from the union and subsequently his dismissal. A closed store, in union management relations, an agreement whereby an employer agrees to recruit – and employ – only members who have a good union reputation. Such an agreement is governed by the terms of an employment contract. The famous English damages case Rookes v Barnard concerned a store agreement. [8] n. a company that will hire only union members of choice or in agreement with unions, while the Labor Management Relations Act prohibits closed business practices. A „union shop” is a company in which the majority of workers voted to designate a union as their certified bargaining partner.

In response to these criticisms, Congress amended the NLRA in 1947 with the passage of the Labor Management Act (29 U.S.C.A. No. 151 and following.). Known as the Taft-Hartley Act, the Act imposed numerous restrictions on union activities. It has limited rights to strike rights, prohibited supervisors from participating in unions, and restricted the right to strike in situations where the President of the United States and Congress have found that a strike would endanger national health and safety. The Taft-Hartley Act prohibits secondary boycotts and a union strikes employees of a neutral or „secondary” party, such as the . B of a retailer, to force the secondary party to cease business with the party with which the union has its main dispute, such as a manufacturer.B. The Taft-Hartley Act also allowed some states to ban union shopping by enacting right-to-work laws prohibiting workers from joining a union as a precondition for maintaining or maintaining employment. These provisions have the effect that the agreements reached are not, in themselves, illegal, but cannot be implemented by either employers or trade unions. Both the government and the established trade union movement assert that it is reasonable to seek the membership of these unions in order to enjoy the individual rights registered in Dencausen and created by the unions. The adoption of the right to use the agreements reached would alter the balance of power between unions and disorganized employers and, consequently, cause unrest in Danish industrial relations.

Although closed transactions in the United States were declared illegal under the Taft-Hartley Act of 1947, they continue to exist in practice; However, they are not written in contracts. They are used by employers who depend on unions to recruit unions or sectors that only employ workers for a short period of time. B time (for example, port workers and construction workers).