Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-05-11


would naturally be inferred that an
employer could not in any way dis
criminate against prospective appli-
cant for work by refusing to hire him
because of his union or non-union
status. But the Wagner law goes on
to provide:
That nothing in this act : y or in
any other statute of the United States
shall preclude an employer from max
ing an agreement with labor organi-
ration mot established, maintained or
assisted by an action defined in this
act as an unfair labor practice) to re-
Qulre as condition of employment
membership therein, if such labor Or
ganlzatlOn is the representative of the
employees as provided in section ga in
the appropriate collective bargaining
unit covered by such agreement when
made"
Can Agree on Closed Shop.
What this latter provision means is
that an employer can make a volun-
tary agreement with his employees
whereby what is known as a closed
shop prevails-that is, nobody is per-
mltted to be employed unless he is a
member of the union in existence at
the plant in question or unless he is
willing to join the employees organi-
cation which is recognized as the col
lective bargaining unit of the majority
OF the employees.
On the one hand, the law says
There ha ha VI
OF the employer to encourage or dis
courage membership in any labor
organization yet the moment the
employees approach the employer with
q project for voluntary agreement
to bar anybody except those who are
satisfactory to the existing labor
organization, the employer, by his
answer, must be careful not to appear
to encourage either his own employees
or to discourage prospective employees.
When a closed shop agreement
occurs, the employer must ask all
applicants something about their
membership in labor unions. If any
other employer asks such a question
OF an applicant it is a violation of
law. Where closed-shop agreement
has been made the effect is to compel
the employer to discriminate against
applicants who are unwilling, as con-
dition Of employment, to join the labor
organization which is in control of the
plant where the application for work
Is made.
Can Set Up Monopoly.
In other words, a group of men
Acting in concert with their employer
set up monopoly from which any
other workman is barred unless he
accepts the conditions laid down by
the closed-shop agreement.
These agreements, of course, can
work both ways. An employer and his
employees can sign an agreement
whereby all members of a national
union are excluded from work or the
agreement can require that only union
men shall be employed. In either
event the employer runs the risk of
being accused of encouraging or dis
eouraging membership in a labor
union.
There is, Of course, nothing in the
hw which compels an employer to
Gign an agreement with his employees
Il he does not wish to do so. But once
ne signs a closed-shop agreement, no
matter how broad is the exemption
stipulated in the Wagner act, a citi-
ZEN would have right to ask the
courts to remove as a barrier to his
securing employment the existence of
discriminatory agreement which
makes it condition of his acceptance
Of employment that he must join the
Existing labor organization.
No lawsuit on this point has arisen
rs yet, but the Supreme Court, in the
famous Adair case in 1898, insisted
that membership or non-membership
tn a labor union could not be by law
made condition of employment or
unemployment.
Senator Wagner of New York, au-
thor of the labor law, referred in a
letter to the New York Sun on No.
vember 2, 1885, to the point In cues
ton:
Agreement Can't Be Forced.
THE law does not require any en-
ployer to sign any agreement of any
kind. Congress has no power to i'm
pose such a requirement. An agree
ment presupposes mutual consent. The
law merely requires that an employer
bargain collectively with his workers.
which means that he shall receive
their representatives and engage in a
fair discussion, in the hope that terms
may be voluntarily agreed upon by
both sides without recourse to strife.
THE law does not under any cir
cumstances require any employer to
Sign an agreement forcing any worker
to join any union, whether it be a
union representing the majority of
his employees or not.
"On the contrary, it specifically