In 1946, Justice Ivan Rand of the Supreme Court of Canada devised what is known as the “marginal formula.” Mr. Rand was appointed arbitrator to settle Ford`s 1945 strike and concluded that federal and provincial labour law were a strong union policy. If workers are allowed to detach themselves from the payment of trade union rights, the problem of parasites would undermine this policy. Mr. Rand also argued that the problem of parasitism undermines the order of work by generating resentment among union and union employees.  The U.S. government does not authorize the union shop in any federal authority, whether state law permits it or not. Rand`s decision required all workers to pay union dues, but protected the right of workers not to join the union or to participate in other actions in the maintenance of the union. In the late 1940s and 1950s, many Canadian provinces adopted the “marginal” formula in their labour laws. In 1997, the federal government and six provinces (British Columbia, Manitoba, Newfoundland, Ontario, Quebec and Saskatchewan) imposed the marginal formula for labour relations. Most of the laws provided for a religious exception that provided for donations to a charity and not trade union rights.  The famous English damages case, Rookes v Barnard, concerned a store agreement.
 A store closed before entry (or a simple closed store) is a form of union safety agreement under which the employer undertakes to recruit only union members and workers must remain members of the union at all times to remain busy. This is different from a closed company after entry (Us: Union Shop) which is an agreement that requires all workers to join the union if they are not already members.  In a union activity, the union must accept as a member any person hired by the employer.  Trade union affairs, an agreement that requires workers to join a particular union and pay dues within a specified period after the start of employment – usually 30 to 90 days. Such regulation ensures that workers pay the benefits of union representation. A union shop is less restrictive than a closed store that prevents employers from hiring outside the union. The closed store is legal in all Canadian jurisdictions from 2006, and unions can (if they wish) negotiate forms of union security agreements that offer less than the union store.  Section 7, Section 1 of the Trade Union Act 1949 of Japan expressly authorizes the negotiation of trade union organization provisions, provided that the union represents the majority of workers in the workplace. However, Article 28 of the Japanese Constitution protects freedom of association. The Japanese courts have fought against the two opposing legal values and have found that the right to organization is greater than the right to freedom of association.  However, the Tribunal has created five conditions for the adoption of a trade union enterprise agreement: Japanese labour law treats large employers differently from small employers, and business rules close to trade unions are much less often negotiated in small businesses.