Construction unions and trade unions in other sectors with similar employment patterns have faced a ban on closed shops by banning store closures by using exclusive rental buildings as a means of controlling labour supply. Such exclusive rental halls do not require, strictly and formally, union affiliation as a condition of employment, but they do so in practice, because a worker who wishes to be sent to work by the union`s hiring room must pay union dues or an equivalent fee for the hiring room. If the rental hall is operated indiscriminately and adheres to clearly stated promotion and shipping standards, it is legal. For example, a store contract can only be entered into with a majority union. In addition, workers who are not members of the union at the signing of the contract must not become unionized, although all new workers are required to join the union to secure employment with the employer. The only compelling reason why an employer can accept and, if necessary, welcome a store agreement reached is to limit union competition on the ground, since the existing union essentially monopolizes the employer`s union affiliation through the store agreement. The store contracts are included in Section 26 of the Labour Relations Act (LRA) and are perhaps among the most sensitive and controversial provisions of the LRA in terms of the constitutionality of these agreements that I concern. Also known as pre-open store contracts, store contracts are entered into to protect union workers. Under this type of agreement, a particular company may require all of its employees to be part of a particular union or union.
It is clear why an employer would choose not to enter into such an agreement. Most employers consider store contracts to be reprehensible, perhaps fairly so. Why should we give a union the right for all our employees to become members who ask for it; and why should we accept what becomes more of a condition of employment? In some cases, unions have a monopoly on a certain industry and companies in that sector.
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