The Legal Status of The Open Shop
The term open shop is also used similarly in Canada, 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.
United States labor law outlaws the open shop in its extreme form: it prohibits private sector employers from refusing to hire employees because they are union members just as it prevents discrimination against employees who do not wish to join unions.
The open shop in its milder form, in which the open shop represents only an employer's refusal to favor union members for employment, is legal. Although the National Labor Relations Act permits construction employers to enter into pre-hire agreements, in which they agree to draw their workforces from a pool of employees dispatched by the union, employers are under no legal compulsion to enter into such agreements.
Non-union construction employers have also adopted the phrase "merit shop" to describe their operations. In many connotations, the terms are interchangeable, however it may be used differently by different sides of the open shop issue.
The open shop is also the legal norm in those states that have adopted right-to-work laws. In those cases, employers are barred from enforcing union security arrangements and may not fire an employee for failure to pay union dues.
Read more about this topic: Open Shop
Famous quotes containing the words legal, status, open and/or shop:
“In ‘70 he married again, and I having, voluntarily, assumed the legal guilt of breaking my marriage contract, do cheerfully accept the legal penalty—a life of celibacy—bringing no charge against him who was my husband, save that he was not much better than the average man.”
—Jane Grey Swisshelm (1815–1884)
“Anthropologists have found that around the world whatever is considered “men’s work” is almost universally given higher status than “women’s work.” If in one culture it is men who build houses and women who make baskets, then that culture will see house-building as more important. In another culture, perhaps right next door, the reverse may be true, and basket- weaving will have higher social status than house-building.”
—Mary Stewart Van Leeuwen. Excerpted from, Gender Grace: Love, Work, and Parenting in a Changing World (1990)
“One merit in Carlyle, let the subject be what it may, is the freedom of prospect he allows, the entire absence of cant and dogma. He removes many cartloads of rubbish, and leaves open a broad highway. His writings are all unfenced on the side of the future and the possible. Though he does but inadvertently direct our eyes to the open heavens, nevertheless he lets us wander broadly underneath, and shows them to us reflected in innumerable pools and lakes.”
—Henry David Thoreau (1817–1862)
“Here thou art painted in the dress
Of an inhuman murderess;
Examining upon our hearts
Thy fertile shop of cruel arts:
Engines more keen than ever yet
Adorned tyrant’s cabinet,
Of which the most tormenting are
Black eyes, red lips, and curled hair.”
—Andrew Marvell (1621–1678)