closed shop
closed shop
closed shop
closed′ shop′
n.
closed shop
| Noun | 1. | closed shop - a company that hires only union members |
| 单词 | closed shop | |||
| 释义 | closed shopclosed shopclosed shopclosed′ shop′n. closed shop
closed shopclosed shop[¦klōzd ′shäp]Closed Shopin capitalist countries the demand presented by a trade union to an entrepreneur that the latter hire only members of that particular union. In making these demands, the union often assumes the obligation of supplying the entrepreneur with the labor force needed. Under preferential hiring, which is a variety of the closed shop, the entrepreneur pledges to give preference to members of this union in hiring workers. The demand for the closed shop is resisted by entrepreneurs, whose interest is in weakening the trade unions. In the USA the closed shop is prohibited by the federal Taft-Hartley Act of 1947 as well as by the laws of several states. The closed shop is also prohibited in several provinces of Canada, in Australia, and elsewhere. closed shopclosed shopAn environment in which only data processing staff is allowed access to the computer. Contrast with open shop.Closed ShopClosed ShopA shop in which persons are required to join a particular union as a precondition to employment and to remain union members for the duration of their employment. The federal National Labor Relations Act (NLRA) (29 U.S.C.A. §§ 151 et seq.) protects the rights of workers to organize and bargain collectively and prohibits management from engaging in unfair labor practices that would interfere with these rights. Popularly known as the Wagner Act, the NLRA was signed into law by President franklin d. roosevelt on July 5, 1935. Among the workers' rights legalized by the NLRA was the right to enter into a "closed shop" agreement. It differs from a union shop, in which all workers, once employed, must become union members within a specified period of time as a condition of their continued employment. Closed shop agreements ensured that only union members who were bound by internal union rules, including those enforcing worker solidarity during strikes, were hired. As World War II ended a decade after the NLRA was enacted, unions sought to make up the pay cuts caused by wage freezes during the war, resulting in a rash of strikes. Many people viewed these strikes as economically destructive, and union practices, such as closed shop agreements, became increasingly unpopular. Critics of the closed shop contended that it allowed unions to monopolize employment by limiting membership or closing it altogether. They also argued that the closed shop allowed unions to force unwilling individuals to give them financial support. In response to these criticisms, Congress amended the NLRA in 1947, with the adoption of the labor-management-relations act (29 U.S.C.A. §§ 151 et seq.). Known as the Taft-Hartley Act, this law placed many restrictions on union activities. It limited picketing rights, banned supervisory employees from participating in unions, and restricted the right to strike in situations where the president of the United States and Congress determined that a strike would endanger national health and safety. The Taft-Hartley Act prohibited secondary boycotts, wherein a union incites a strike by employees of a neutral or "secondary" party, such as a retailer, in order to force the secondary party to cease doing business with the party with whom the union has its primary dispute, such as a manufacturer. The Taft-Hartley Act also allowed individual states to ban the union shop by passing Right-to-Work Laws that prohibited employees from being required to join a union as a condition of receiving or retaining a job. Section 8(a)(3) of the Taft-Hartley Act specifically outlawed the closed shop but did allow a collectively bargained agreement for a union shop, provided certain safeguards were met. Under the union shop proviso, a union and an employer could agree that employees must join the union within thirty days of employment in order to retain their jobs. Section 8(a)(3) stated, in relevant part,
Some observers believe that the Abolition of the closed shop helped to minimize racial discrimination by unions. The Wagner Act allowed unions to effectively shut out black employees from employment opportunities and benefits by simply refusing them membership. The Taft-Hartley Act curtailed this practice by prohibiting the negotiation of security agreements that limited employment opportunities to union members. Further readingsBaker, Joan E. 1989. "NLRA Section 8(a)(3) and the Search for a National Labor Policy." Hofstra Labor Law Journal 7 (fall). Ballam, Deborah A. 1995. "The Law As a Constitutive Force for Change, Part II: The Impact of the National Labor Relations Movement on the U.S. Labor Movement." American Business Law Journal 32. Devaney, Dennis M., and Susan E. Kehoe. 1993. "The NLRB Takes Notice to the Max in Paramax." Hofstra Labor Law Journal 11 (fall). Glick, Carol A. 1989. "Labor-Management Cooperative Programs: Do They Foster or Frustrate National Labor Policy?" Hofstra Labor Law Journal 7 (fall). Larson, Reed. 1999. Stranglehold: How Union Bosses Have Hijacked our Government. Special abridged ed. Ottawa, Ill.: Jameson Books. Mihlar, Fazil, ed. 1997. Unions and Right-to-Work Laws: The Global Evidence of their Impact on Employment. Vancouver: Fraser Institute. Plass, Stephen A. 1992. "Arbitrating, Waiving, and Deferring Title VII Claims." Brooklyn Law Review 58 (fall). Turner, William D. 1994. "Restoring Balance to Collective Bargaining: Prohibiting Discrimination against Economic Strikers." West Virginia Law Review 96 (spring). Cross-referencesCollective Bargaining; Labor Law; Labor Union. closed shopn. a business that will hire only union members by choice or by agreement with the unions, although the Labor-Management Relations Act prohibits closed shop practices. A "union shop" is a business in which a majority of the workers have voted to name a union as their certified bargaining agent. closed shopclosed shopa requirement that all employees in a given workplace or organization be members of a specified TRADE UNION. There are two types of closed shop:
The pre-entry closed shop, traditionally found in parts of the printing and food wholesaling industries, was often unilaterally imposed by unions, whereas the post-entry closed shop has often been formally recognized in Union Membership Agreements with managements. Many managers found the post-entry closed shop advantageous since it helped to ensure that union representatives speak for all employees. However, it can be viewed as an infringement of individual rights. See CONTRACT OF EMPLOYMENT. closed shopa requirement that all employees in a given workplace or ORGANIZATION be members of a specified TRADE UNION. Closed shops are often imposed by powerful trade unions as a means of restricting the supply of labour and maintaining high wage rates for members. See SUPPLY-SIDE ECONOMICS.closed shop
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