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. 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. 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. 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. Like the union, they fought courageously against the idea of “open shop”! Under McCullogh`s regime, this free shop gumshoe artist had access to the prison with instructions to go as far as he wanted. Therefore, united States Steels` adherence to the open-shop principle was a deep and rank-and-go wound alongside the unions.
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.