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.

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