In the number one factory, the owner is a keen businessman, an active mind in the so-called « open shop » campaign. The open store, in its more lenient form, where the open store represents only an employer`s refusal to favour union members to employment, is legal. Although the National Labor Relations Act allows contractors to enter into preliminary leases in which they agree to obtain their labour from a group of workers seconded by the union, employers are not legally required to enter into such agreements. Like the union, they fought courageously against the idea of « open shop »! Janus said he did not have to pay fees to the American Federation of State, County and Municipal Employees because it was a payment of political rhetoric with which Janus disagreed.  This was authorized following a decision of the U.S. Supreme Court in Abood v. Detroit Board of Education in 1977. The outcome of the case was favourable to Janus and, as such, non-union members cannot be required to pay fees in accordance with a fair sharing agreement that is in force with respect to a union. There are many unions whose workers are increasingly competing with small open businesses. Open Shop refers to a factory, office or other establishment where a union, elected by the majority of workers, acts as a representative of all workers in the maintenance of agreements with the employer, but where union membership is not a condition of recruitment. Unions have spoken out against the open store adopted by American employers in the first decade of the 20th century because it sees it as an attempt to expel unions from the industry.
For example, trade unions have always relied on the control of labour supply in certain occupations and geographical areas in order to maintain trade union standards and establish collective bargaining with employers in this area. Under McCullogh`s regime, this free shop gumshoe artist had access to the prison with instructions to go as far as he wanted. With depression, the open shop movement took on greater strength. In March 2015, three Illinois government employees, represented by lawyers from the Liberty Justice Center in Illinois and the Virginia-based National Right to Work Legal Defense Foundation, filed a lawsuit to intervene.    In May 2015, Rauner was excluded from the proceedings after a federal judge ruled that the governor was not entitled to bring such an action, but the case was prosecuted under a new name, Janus v. AFSCME.  The case is named after Mark Janus, a child care specialist in Illinois, who is the subject of a collective agreement. It is a workplace where you do not have to join a union as a precondition for hiring or maintaining employment or to help it financially. Open Shop is also known as the Merit Shop.
Under U.S. law, workers who refuse to pay taxes or representation fees to the certified union have the right to sue the union if it does not represent it as widely as paying members. In February 2015, Illinois Republican Gov. Bruce Rauner filed a complaint claiming that fair sharing agreements were unconstitutional and a violation of the First Amendment`s right to freedom of expression.