Legal Definitions - preferential union shop

A preferential union shop is a type of workplace arrangement, typically established through a collective bargaining agreement between an employer and a labor union, where union members are given preference over non-union members in various employment decisions. This preference can apply to hiring, promotions, transfers, or even the assignment of desirable shifts or projects. Essentially, if a union member and a non-union candidate possess similar qualifications for a position, the union member would be prioritized for that role.

While the broader concept of a "union shop" generally requires employees to join the union within a specified period after being hired, the "preferential" aspect specifically grants an advantage to existing union members in securing or advancing in employment. It is important to note that such arrangements are generally unlawful in the United States under the National Labor Relations Act, which prohibits discrimination based on union membership, but the term describes a specific type of labor agreement that might exist in other jurisdictions or historical contexts.

• Example 1: Manufacturing Plant Hiring

  Imagine a hypothetical manufacturing plant where, due to a historical collective bargaining agreement, the union contract stipulates that when new production line workers are needed, qualified union members who apply must be hired before any equally qualified non-union applicants. If the company receives applications from five candidates, three of whom are union members and two are not, and all five meet the job requirements, the three union members would be offered the positions first.

  This illustrates a preferential union shop because existing union membership provides a distinct advantage in the hiring process, prioritizing union members over non-union individuals for available jobs.

• Example 2: Maritime Crew Assignments

  Consider a shipping company operating under an international labor agreement that includes preferential union shop clauses. When a new vessel is being crewed, the agreement dictates that unionized sailors who are available and qualified for positions like deckhand or engineer must be assigned those roles before any non-union sailors, even if the non-union sailors have comparable experience and certifications. The company would first consult the union's roster for available members.

  This demonstrates a preferential union shop by showing how union affiliation grants priority in job assignments, ensuring union members get first consideration for new crew positions.

• Example 3: Internal Promotions in a Service Industry

  In a large hotel chain, a specific department's union contract, perhaps from an older agreement, states that for internal promotions to supervisory roles, if multiple employees are equally qualified, the union member among them must be promoted. If two housekeepers, one a union member and one not, both apply for a vacant housekeeping supervisor position and are deemed equally capable, the union member would receive the promotion.

  This exemplifies a preferential union shop because union membership provides an advantage in career advancement, giving unionized employees priority for internal promotional opportunities.