About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

5 Intramural L. Rev. N.Y.U. 43 (1949-1950)
The Closed Shop Coupled with the Closed Union

handle is hein.journals/inlrnyu5 and id is 49 raw text is: THE CLOSED SHOP COUPLED WITH THE CLOSED UNION David J. Weinblatt LEGISLATIVE PROHIBITIONS With the enactment of the amendment to the National Labor Relations Act in 1947,1 the closed shop, an ulti- mate objective of union security suffered a severe set- back. Nevertheless, the issue of the closed shop is far from moot. The legislative policy of Congress is still in the process of changing. No matter what the legality of the closed shop may be at any moment, labor organizations will continuously seek to attain or retain it as an effective weapon for security. Furthermore, notwithstanding any prohibition in Federal law, it exists as a reality in many instances. Collective bargaining agreements providing for a closed shop entered into be- fore the enactment of the present law, which have not as yet terminated and have not been extended or renewed, are still effective.2 Likewise, contracts may provide for it, in those states not prohibiting it, where inter- state commerce is not affected, since such local agree- ments do not come within the coverage of the National Labor Relations Act of 1947 (popularly known as the Taft-Hartley Act). There is also evidence that many em- ployers and unions have continued to observe traditional closed shop or preferential hiring arrangements often on the basis of an oral or tacit understanding despite its ban.3 Nothing in the Wagner Act restricted an employer from dismissing an employee who was denied admission to the union, upon demand of such uion pursuant to the terms of a union shop agreement.4 On the other hand, the provisions of the Taft-Hartley Act would protect the employee in his job and the refusal to admit such worker into the union fold would not justify his discharge.5 A recent recommendation of a trial examiner best illustrates the sweeping changes which were instituted by the 80th Congress in the field of labor relations.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most