Question
Please answer the following question and please address how the holding of IBEW, Local Union 640 v. Dueck , 148 F. Supp. 2d 955 (D.
Please answer the following question and please address how the holding ofIBEW, Local Union 640 v. Dueck, 148 F. Supp. 2d 955 (D. Ariz. 2000) might impact your advice.
Jones is an employee of the ABC 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 must--as a condition of continued employment--become 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 officials that this was contrary to provisions of the Union constitution. At the conclusion of the strike, Union disciplinary proceedings were instituted against Jones, and a $1000 fine imposed for strikebreaking. Jones has consulted you to determine whether he must pay the fine and whether there are any steps he may take to overturn the fine (and any similar fines in the future). What advice can you give him?
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