LiquidMidnight, you are correct of course, except for the exceptions. In construction (which falls under the (8) (f) exception), the entire site can be a 'union shop' where the callout rules of the local require that all dispatches be members and remain members, effectively creating a 'closed shop'.
Ahh thank you for the clarification. The construction industry is an interesting entity when it comes to labor relations.
But....CBA's can and do pierce the employment-at-will doctrine.
Very true, which is why I always have to chuckle when someone pulls out the "Unions were great at one time, but they're obsolete now" argument. Anything that modifies the default doctrine of employment at will is not obsolete. With that said, terminating someone under a CBA becomes a contractual issue rather than a civil rights issue, which is why it's settled in arbitration rather than court. I would say the exception would be if the discharge were a ULP, but even that could be deferred under
Collyer or
Dubo, which then makes it a CBA issue.
And if the NLRB does it's job.
If you're interested in this stuff, read James A. Gross's three books on the history of the NLRA and NLRB. I'm currently writing a doctoral dissertation that is a policy analysis of the NLRA. Basically, Taft-Hartley introduced ambiguity into the policy purpose of the NLRA, which can be used by any administration to push a pro- or anti-labor agenda through their appointed Board members and General Counsel.
I can say as a former field examiner, that at the Regional level, most of the agents really want to do good and make sure that the everyday workingman or woman doesn't get screwed. However, they're constrained by certain bodies of case law. While the Board itself doesn't have to adhere to stare decisis (unless it's a case decided by the courts), the Regions do. Things like
Wright Line are ultimately (IMHO) contradictory to the spirit and purpose of the NLRA, Taft-Hartley or not; but the field examiners and field attorneys still have to abide by those cases, whether they agree with them or not. The job of the Regional Directors is to make sure that the Regions are keeping inline with established Board precedent (or whatever the current precedent is of that particular Board).
Of course, it doesn't help that the sanctions for ULPs are really just a slap on the wrist and aren't real deterrents - something that the failed Employee Free Choice Act attempted to remedy.