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Jones iS an employee or the ABL' company which has Incorporated a union shop provision in its contract with the Truckers Union. which represents all

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Jones iS an employee or the ABL' company which has Incorporated a union shop provision in its contract with the Truckers Union. which represents all of the Company's employees. The provision, legal in this state, requires that all employees mustas a condition of continued employment1175become a member of the Union. Jones initially protested this membership requirement but has over the years continued to pay the dues required for membership; he has attended no Union meetings and has not otherwise participated in the activities of the Union. In a recent strike during contract negotiations, Jones reported to work through the Union picket lines, in spite of warnings by Union ofcials that this was contrary to provisions of the Union constitution. At the conclusion of the strike. Union disciplinary proceedings were instituted againstjones, and a $1000 ne imposed for strikebreaking. jones has consulted you to determine whether he must pay the ne and whether there are any steps he may take to overturn the ne (and any similar nes in the future). What advice can you give him? please address how the holding of lBEW: Local Union 640 v. Dueck, 148 F. Supp. 2d 955 (D. Ariz. 2000) might impact your advice. lBE W Local Union 640 v. Dueck

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