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”! Because labour law is a provincial jurisdiction in Canada, laws vary from province to province. There are, however, a few things in common. Despite opposition from open-shop entrepreneurs, the Ontario Liberal government recently reintroduced the card-based certification system, which applied for most of the post-World War II period. Card certification has only been reintroduced for the construction industry. It allows employees to certify an exclusive partner on the basis of a membership sometimes referred to as a “majority declaration.” Some observers say that this system may be misled by business representatives. Others argue that it overcomes the natural advantage that employers have over their employees, unlike union training.  There are many unions whose workers are increasingly competing with small open enterprises. The open store was also an important part of the American plan put in place in the 1920s. During this period, the open store was aimed not only at construction unions, but also at mass production unions. Unions again felt that these proposed policies would allow employers to discriminate against union members in employment and would also lead to strong opposition to collective bargaining.
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. The main difference between an open store and a closed store is the requirement for union membership.  There are many opinions on the benefits and negatives of open business. With depression, the open shop movement took on greater strength. Non-union construction companies have also adopted the term “store of merits” to describe their activity. In many connotations, the terms are interchangeable, but can be used in different ways from different pages of the open-shop output.