Open-shop
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Open-shop
An open shop is a place of employment at which one is not required to join or financially support a union (closed shop) as a condition of hiring or continued employment. Open shop vs closed shop The major difference between an open and closed shop is the requirement for union membership.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. There are a variety of opinions regarding the benefits and negatives of open shops. Pros vs. cons of open shops In the United States, the introduction of 'right to work' laws has been linked with lower overall benefits but higher economic growth by some proponents. Such conclusions are debatable, however, as employment, investment, and income in traditionally unionized sectors of the economy cannot be correlated to passage of such laws. Union arguments ''Open shop'' means a factory, office, or other business establishment in which a union, chosen by a majority o ...
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Employment
Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other entity, pays the other, the employee, in return for carrying out assigned work. Employees work in return for wages, which can be paid on the basis of an hourly rate, by piecework or an annual salary, depending on the type of work an employee does, the prevailing conditions of the sector and the bargaining power between the parties. Employees in some sectors may receive gratuities, bonus payments or stock options. In some types of employment, employees may receive benefits in addition to payment. Benefits may include health insurance, housing, disability insurance. Employment is typically governed by employment laws, organisation or legal contracts. Employees and employers An employee contributes labour and expertise to an endea ...
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Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolitan areas include, Peoria metropolitan area, Illinois, Peoria and Rockford metropolitan area, Illinois, Rockford, as well Springfield, Illinois, Springfield, its capital. Of the fifty U.S. states, Illinois has the List of U.S. states and territories by GDP, fifth-largest gross domestic product (GDP), the List of U.S. states and territories by population, sixth-largest population, and the List of U.S. states and territories by area, 25th-largest land area. Illinois has a highly diverse Economy of Illinois, economy, with the global city of Chicago in the northeast, major industrial and agricultural productivity, agricultural hubs in the north and center, and natural resources such as coal, timber, and petroleum in the south. Owing to its centr ...
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Closed Shop
A pre-entry closed shop (or simply closed shop) is a form of union security agreement under which the employer agrees to hire union members only, and employees must remain members of the union at all times to remain employed. This is different from a post-entry closed shop (US: union shop), which is an agreement requiring all employees to join the union if they are not already members. In a union shop, the union must accept as a member any person hired by the employer.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. By comparison, an open shop does not require union membership of potential and current employees. International Labour Organization covenants do not address the legality of closed shop provisions, leaving the question up to each individual nation. The legal status of closed shop agreements varies widely from country to country, ranging from bans on the agreement, to extensive regulation ...
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Agency Shop
An agency shop is a form of union security agreement where the employer may hire union or non-union workers, and employees need not join the union in order to remain employed.Pynes, Joan. ''Human Resources Management for Public and Nonprofit Organizations.'' 2d ed. Hoboken, N.J.: John Wiley and Sons, 2004. However, the non-union worker must pay a fee to cover collective bargaining costs. The fee paid by non-union members under the agency shop is known as the "agency fee".Guerin, Lisa and DelPo, Amy. ''The Manager's Legal Handbook.'' Rev. 4th ed. Berkeley, Calif.: Nolo, 2007. ; Mauer, Michael. ''The Union Member's Complete Guide: Everything You Want—and Need—to Know About Working Union.'' Annapolis, Md.: Union Communication Services, Inc., 2001. Where the agency shop is illegal, as is common in labor law governing American public sector unions, a "fair share provision" may be agreed to by the union and the employer. The provision requires non-union employees to pay a "fair shar ...
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Employers Group
Employers Group was founded as the Merchants and Manufacturers Association (M&M) in 1896 in California. It has become a worldwide organization advocating for employers and giving guidance about employment laws and regulations, professional development, consulting projects, and compensation and workplace trends surveys. When founded, the organization's goal was to secure the open shop in all workplaces in the city.Cross, ''History of the Labor Movement in California,'' 1974.Foner, ''History of the Labor Movement in the United States: The AFL in the Progressive Era, 1910-1915,'' 1980. In the latter half of the 20th century, the organization became a human resources consulting firm. In 1993, the Merchants and Manufacturers Association merged with the Federated Group of San Francisco to create the Employers Group. The organization's current president and chief executive officer is Mark Wilbur. Formation and early history Employer's Group was founded in 1893 in Los Angeles as the Mercha ...
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Right-to-work Law
In the context of labor law in the United States, the term "right-to-work laws" refers to state laws that prohibit union security agreements between employers and labor unions which require employees who are not union members to contribute to the costs of union representation. Unlike the right to work definition as a human right in international law, U.S. right-to-work laws do not aim to provide a general guarantee of employment to people seeking work but rather guarantee an employee's choice of being a member of and financially supporting collective bargaining organizations (i.e. labor unions). The 1947 federal Taft–Hartley Act governing private sector employment prohibits the "closed shop" in which employees are required to be members of a union as a condition of employment, but allows the union shop or "agency shop" in which employees pay a fee for the cost of representation without joining the union. Individual U.S. states set their own policies for state and local gover ...
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Abood V
''Abood v. Detroit Board of Education'', 431 U.S. 209 (1977), was a US labor law case where the United States Supreme Court upheld the maintaining of a union shop in a public workplace. Public school teachers in Detroit had sought to overturn the requirement that they pay fees equivalent to union dues on the grounds that they opposed public sector collective bargaining and objected to the political activities of the union. In a unanimous decision, the Court affirmed that the union shop, legal in the private sector, is also legal in the public sector. They found that non-members may be assessed agency fees to recover the costs of "collective bargaining, contract administration, and grievance adjustment purposes" while insisting that objectors to union membership or policy may not have their dues used for other ideological or political purposes.. ''Abood'' was overturned in the 2018 case '' Janus v. AFSCME'', which found that ''Abood'' had failed to properly assess the First Amendm ...
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US Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States Consti ...
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American Federation Of State, County And Municipal Employees
The American Federation of State, County and Municipal Employees (AFSCME) is the largest trade union of public employees in the United States. It represents 1.3 million public sector employees and retirees, including health care workers, corrections officers, sanitation workers, police officers, firefighters, and childcare providers. Founded in Madison, Wisconsin, in 1932, AFSCME is part of the AFL–CIO, one of the two main labor federations in the United States. AFSCME has had four presidents since its founding. The union is known for its involvement in political campaigns, almost exclusively with the Democratic Party. AFSCME was one of the first groups to take advantage of the 2010 ''Citizens United'' decision, which allowed unions and corporations to directly finance ads that expressly call for the election or defeat of a candidate. Major political issues for AFSCME include single-payer health care, protecting pension benefits, raising the minimum wage, preventing the privat ...
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Collective Agreement
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an employers' association) that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process. Finland In Finland, collective labour agreements are universally valid. This means that a collective agreement in an economic sector becomes a universally applicable legal minimum for any individual's employment contract, whether or not they are a union member. For this condition to apply, half of the workforce in that sector needs to be union members, thus supporting the agreement. Workers are not forced to join a union in a specific workplace. Nevertheless, ...
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Mark Janus
''Janus v. American Federation of State, County, and Municipal Employees, Council 31'', No. 16-1466, 585 U.S. ___ (2018), abbreviated ''Janus v. AFSCME'', was a landmark decision of the US Supreme Court on US labor law, concerning the power of labor unions to collect fees from non-union members. Under the Taft–Hartley Act of 1947, which applies to the private sector, union security agreements can be allowed by state law. The Supreme Court ruled that such union fees in the public sector violate the First Amendment right to free speech, overturning the 1977 decision in ''Abood v. Detroit Board of Education'' that had previously allowed such fees. Background ''Abood v. Detroit Board of Education'' The National Labor Relations Act of 1935 authorized trade unions in the private sector to be established to represent employees in collective bargaining for wages and other benefits from employers. Frequently, unions also engage in political activity to support their goals by donating ...
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National Right To Work Legal Defense Foundation
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900-1924 * National Supermarkets, a defunct American grocery store chain * National String Instrument Corporation, a guitar company formed to manufacture the first resonator gu ...
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