Legal Question in Employment Law in Ohio

Legality of Closed Shops

Are closed shops legal? I was recently forced to quit a job for refusal to join the union, doesn't this violate my freedom of contract?


Asked on 3/23/98, 12:10 am

1 Answer from Attorneys

Thomas Pavone Pavone & Cohen

Are Closed Shops Illegal

To answer your question completely, we must define our terms. An "open shop" is a unionized employer where union membership is voluntary. A "Union Shop" is a unionized employer where union membership (or payment of a fee) is mandatory within 31 days (7 days in the construction industry) of hire. A "closed shop" is a unionized employer where employment union membership is required prior to employment.

Closed shops are illegal. Union Shops are legal, except in those states (often termed "right to work states") that have enacted laws prohibiting mandatory union membership. Open Shops are always legal, but are disfavored by most unions unless they are doing business in a "right to work" state.

Ohio has no law restricting Union Security Agreements, (except in some cases involvong railroads), therefore, you may be compeled to join the union within 31 days (7 days if construction industry) of employment, if your employer has an agreement with the union requiring mandatory membership. NOTE: Recent NLRB and court decisions allow an individual to pay a fee to the union instead of membership. Request information from the Union as to the amount and propcedure for paying this fee as an alternative to membership.

The above is meant to assist in a general understanding of the subject matter and is not to be construed as legal advice. No attorney - client relationship has been established. Companies or individuals with particular questions should seek advice of counsel.

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Answered on 4/03/98, 2:18 pm


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