CLOSED SHOP
| IRELAND |
| CLOSED SHOP |
A closed shop exists where it is effectively a condition of employment that the worker should be a member of a specified trade union . Closed shops may operate at a formal or informal level; informal in the sense that there may be no written agreement with management , but an understanding exists that employees will be union members.
Two types of closed shop exist: pre-entry and post-entry. In the first form, workers must be members of the union before they can take up employment, and in the second, workers must join the union within a certain time after commencing employment. The pre-entry closed shop is most commonly associated with small craft unions, and particularly with journalism and acting, where the union through its role in granting or not granting membership can actually control entry to the profession and thus limit the numbers entering. Post-entry closed shops are more common in other types of employment. The extent of the closed shop in Ireland is unknown, although it is believed to be fairly widespread.
The legal status of closed shops in Ireland is unclear. Closed shops have not been regulated by legislation, but there have been a number of cases brought under the Constitution of Ireland under the Article relating to freedom of association. It appears that the post-entry closed shop, where not applied to existing employees, does not infringe constitutional guarantees. Case law does, however, indicate that there is a "right" or "freedom" to dissociate and that this renders unconstitutional the pre-entry closed shop and any form of post-entry closed shop applied to existing employees.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.