A pre-entry closed shop agreement, also known as a union security clause, is a contractual agreement between an employer and a union that requires employees to become a member of the union before they can be hired. This type of agreement was legal before the National Labor Relations Act (NLRA) was passed in 1935, but now such agreements are prohibited by federal law.
The NLRA protects workers` rights to form, join, or assist labor organizations and to bargain collectively with their employers. The Act also prohibits employers from discriminating against employees who engage in union activities, including refusing to hire or firing them because they are union members.
The NLRA makes it clear that employers cannot require employees to become union members as a condition of employment. This means that a pre-entry closed shop agreement is not legal under federal law.
Instead, unions and employers can agree to a union security clause that requires employees to pay union dues after they are hired. This type of agreement is called a “union shop” agreement. Under a union shop agreement, employees who do not want to join the union can still be hired, but they are required to pay a fee to cover the costs of union representation.
The union shop agreement is still legal under the NLRA, but only in states that have passed “right-to-work” laws. Right-to-work laws prohibit union security clauses, including union shops, in private sector workplaces. Currently, 28 states have right-to-work laws.
It is important to note that some states have their own labor laws that may limit or prohibit union security clauses, even if they are not right-to-work states. It is important for employers and unions to be familiar with state laws that apply to their workplace.
In conclusion, pre-entry closed shop agreements are outdated and illegal under federal law. Employers and unions can still negotiate a union security clause, but only in the form of a union shop agreement. Employers and unions should be aware of state laws that may limit or prohibit union security clauses, even in non-right-to-work states. As always, it is important for employers and unions to consult with legal counsel to ensure that their workplace policies and agreements comply with all applicable laws.