Duhaime's Law Dictionary

Union Shop Definition:

A place of employment where only union members are employed or persons who must join a specified union within a certain deadline.

Related Terms: Closed Shop, Union

Justice Rand used these words in Ford Motor Co. of Canada v. U.A.W.-I.C.O.:

"A union shop permits the employer to engage employees at large, but requires that within a stated time after engagement they join the union or be dismissed if they do not.

"This is to be distinguished from what is known as a closed shop in which only a member of the union can be originally employed, which in turn means that the union becomes the source from which labour is obtained."

In Chavez v Sargent, Justice Schauer of the Supreme Court of California incorporated these words within the opinion of the court, also distinguishing a closed shop from a union shop:

"A closed shop is an establishment in which the employer by agreement hires and retains in employment only union members in good standing, except that, by some agreements, when union members are unavailable, the employer may hire nonunion workers provided they apply for union membership or obtain work permits before beginning work.

"A union shop is an establishment in which the employer by agreement is free to hire nonmembers as well as members of the union but retains nonmembers on the payroll only on condition of their becoming members of the union within a specified time."


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