What is meant by the term Union Security Clauses?
A “Closed Shop” is
one of the terms under the clause, that is mentioned and predefined in the
constitutions of many unions. These conditions as a whole are named as “Union
Security Clauses.” Other examples of the Union Security Clause are:
‘Preferential hiring’, ‘Union Shop’,’maintenance of membership’ and many
others. These terms are made to protect the internal powers between the union
and their members.
1. cf. info@mylegalanswers.com:
MyLegalAnswers Knowledge Base, 11.05.03, http://www.mylegalanswers.com/answers.asp?qna=4525
2. cf. Mr. Robert P. Hunter:
Union Security and Membership Obligations, 11.05.03, http://www.mackinac.org/2310
3. cf. University of
Missouri: Union Security Agreements, 07.05.03, http://www.missouri.edu/~labored/1997-22.html
What is a union?
A Union is a
community, where working people join together to gain a voice at work. The
members of a union struggle hard to reach their aims and objectives. As a union
member, one receives diffferent rights, for example, the right to have a say in
issues like wages and working conditions. They are made to solve various types
of problems and to build a stronger relation between the workers and employers.
Unions are usually formed by the workers of the same working environment, for
example AFL-CIO (“The American Federation of Labor and Congress of Industrial
Organizations”), one of the biggest Union in the USA, was formed by the merging
of two different unions.
4. cf. Labour Canada:
Industrial Relations Terms - U to Z, 03.05.03, http://www.sfn.saskatoon.sk.ca/business/sdlc/uz.html
5. cf. WebFinance Inc.: Investorwords.com – Definition Union, 04.05.03 http://www.investorwords.com/cgi-bin/getword.cgi?5156
6. cf. U.S. Department of
Labor: Labor-Management Reporting, 10.05.03, http://www.dol.gov/esa/regs/statutes/olms/lmrda.htm
What is the Closed
Shop?
Now, as we know
well about the term Union Security and understand what a Union is, we can
discuss the “Closed Shop.” Although the definition of the term “closed shop” is
a very difficult and complex issue, I want to try to explain the problem.
A closed shop is
actually an agreement between labour unions and employers in which the
employers are forced and only allowed to employ persons who are members of the
labor union that is contracted to the employer. That means, for example, that
if a high skilled person wants to apply for a job, but he is not a member of
that company’s Union, he is not allowed to be hired untill he joins the union.
But this definition is just one of many explanation. There are a number of
different points of view on this issue. And because of this complexity, we have
to see the issue from different perspectives.
When we look from
the employer’s point of view, we find more than one meaning and expression,
like the “union closed shop”, the “employer’s closed shop”, the “nominal closed
shop” and the “real open shop.” Explaining all these derivatives would go
beyond the scope of this paper. That is why I will proceed to only explain the
union and employer’s closed shop in a few sentences. In the “employer’s closed
shop,” the employer has the power to restrict hiring a union member, even if
the person is highy skilled. On the other side there is the union shop. Under
this agreement, non-union members can be hired but they must join the union
within a given period of time, which is mostly 31 days, in order to keep his or
her job.
7. cf. The Columbia
Encyclopedia 6th Edit.2001: Definition closed shop and open shop, 24.04.03,
http://www.bartleby.com/65/cl/closedsh.html
8. cf. NASA Reps:
Glossary of Terms, 24.04.03, http://www.ualberta.ca/~rcouncil/N-glos-def.htm#Union%20Shop
9. cf. Columbia University
Press: Closed Shop, 24.04.03, http://www.slider.com/enc/12000/closed_shop.htm
Now in describing
more about the closed shop, I will tell you some of the advantages and
disadvantages of the agreement. The biggest advantage of the closed shop is
that the members of the union have an upper hand in the organization, as they
are united with each other for same purposes. Due to this, a member who is a
part of the Closed Shop may not be fired at once, because the employer knows
that in doing so, a big strike or some other negative action will taken up by
the Closed Shop members.
On the other hand,
this can be a disadvantage for the employer who is involved with the closed
shop agreement. Because the union members could strike at any time for better
conditions and higher wages, negative attitudes can become ever-present.
There is also a
disadvantage for the workers under a closed shop agreement. If a worker fails
to pay the monthly fees or if he is not able to pay it, he can be discharged.
Although this condition was declared illegal in 1988, where the employees do
not have to pay the monthly fee at all if they are not part of the company
union, they do have to pay a so called “service fee,” which is only a pecentage
of the union fee. Secondly, a company may lose a skilled worker if the employer
is bound by the closed shop agreement, but if the person does not want to work
in a union.
Employers or firms
without closed shop can compete on the open marketplace, because they are not
bound to union members.
10. cf. Associated
Builders and Contractors (ABC): Merit Shop Contracting and Employment , 13.05.03, www.abcflorida.com/merit.htm
11. cf. Peter G. King: History
of the closed shop, 13.05.03, http://www.geocities.com/CapitolHill/Lobby/6739/history.html
12. cf. University of
Missouri: Union Security Agreements, 13.05.03, www.missouri.edu/~labored/1997-22.html
Ending of the
Closed Shop:
Summarizing the
topic, I will say that the Closed Shop has a major effect on organizations, the
effect of which can be negative or not. But most important is, that the closed
shop agreement creates a unity between the members.
However, the
Closed Shop was officially banned in the Taft-Hartley Labor Act in 1947. This
amendment was passed by Congress and it prohibited agreements according to the
closed shop and enacted the so-called “Right To Work Law”. Since then, 22
states in the US support that law, which allows workers to chose whether or not
to join a union, and additionally, they cannot be fired if they choose not to
become a member of the union.
12. cf. University of
Missouri: Union Security Agreements, 13.05.03, www.missouri.edu/~labored/1997-22.html
13. cf. Oklahoma
Department of Labor: Right To Work, 13.05.03, http://www.state.ok.us/~okdol/admin/rtw%20faq.htm#1
14. cf. National Right to
Work Foundation: Right to Work States, 13.05.03, http://www.nrtw.org/rtws.htm
15. cf. North Carolina's
Eastern Region: North Carolina's Right-To-Work Law, 13.05.03, http://www.gtp.net/right_to_work.htm
16. cf. Mike Johanns
(Governor) & Fernando Lecuona: Right To Work Law, 13.05.03, http://www.dol.state.ne.us/nwd/pdf/laws/rtwl.pdf
17.
cf. MultiEducator Inc. : Taft-Hartley Act- 1947, 13.05.03, http://www.multied.com/documents/Tafthatley.html