Faustino Ramos, Michael Beal, and Francisco Marila were employees of Mavo Leasing, Inc. Mavo and the Production

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Faustino Ramos, Michael Beal, and Francisco Marila were employees of Mavo Leasing, Inc. Mavo and the Production Workers Union (PWU) of Chicago were parties to a collective bargaining agreement that required that all employees pay union dues to the PWU. Mavo discharged the above-named employees for not paying their union dues in accordance with a clause in the collective bargaining agreement. The three employees claimed that the union had not given them notice of their right to challenge certain union expenditures that were not made in furtherance of collective bargaining. They argued that they did not have to pay dues for non representation expenses. The employees complained about this lack of notice to the National Labor Relations Board (NLRB). An ALJ heard the complaint and ruled that the union did not have an affirmative obligation to provide the employees with the requested notice. An NLRB three-member appeals panel ruled in favor of the employees and interpreted the National Labor Relations Act as requiring the union to affirmatively provide the employees with notice of the right to object to paying dues to fund non representation expenditures, prior to discharge from employment for nonpayment of union dues. The issue was appealed to the U.S. Court of Appeals for the Seventh Circuit. How should the Court decide this appeal, and why?

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