tively small
number of workers.
The institution of the closed shop is by intention autocratic and
exclusive. The institution of the Union shop is by intention democratic
and inclusive. With the cloak makers' organization, entrance into the
Union was almost a matter of form. There were no prohibitive initiation
fees, or dues, as in other unions. They offered every non-union man and
woman an opportunity to join their ranks.
The manufacturers contended that they had no objection to the voluntary
enlistment of non-union men in Union ranks; but they would not insist
that all their workers belong to the Union.
This deadlock was reached on the third day of the conference. At this
point Mr. Brandeis brought before the meeting the opinion that "an
effective cooeperation between the manufacturers and the Union ... would
involve, ... of necessity, a strong Union." "I realize," he said, ...
"from a consideration of ... general Union questions, that in the
ordinary open shop, where that prevails, there is great difficulty in
building up the Union. I felt, therefore, particularly in view of the
fact that so many of the members of the Garment Workers' Union are recent
members, that to make an effective Union it was necessary that you should
be aided ... by the manufacturers, ... and that aid could be effectively
... given by providing that the manufacturers should, in the employment
of labor hereafter, give preference to Union men, where the Union men
were equal in efficiency to any non-union applicants.... That presented
in the rough what seemed to me a proper basis for coming together.... I
think, if such an arrangement as we have discussed can be accomplished,
it will be the greatest advance, not only that unionism has made in this
country, but it would be one of the greatest advances that has generally
been made in improving the condition of the working-man, for which
unionism is merely an instrument."
This, then, was the first public presentation of the idea of the
preferential shop. Mr. Brandeis, as a result of close study of labor
disputes and a rich experience in settling strikes, had reached the
conclusion that the position of the adherents of the closed as well as
those of the open shop was economically and socially untenable. The
inherent objection to the closed shop, he contends, is that it creates an
uncontrolled and irresponsible monopoly of labor.
On the other hand, the so-called open shop, even if conducted w
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