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Essay Multiple Choice

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All Jurisprudence based

0 tracked cards Labor Law and Social Legislation

A CBA contains an applicable maintenance-of-membership clause. After an internal investigation, the union expels a member and asks management to dismiss the worker. Management immediately complies without informing the worker of the proposed employment dismissal or allowing any response, saying that the union’s proceeding alone necessarily discharges management’s obligations. Which assessment is sound?

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A membership expulsion conclusively proves every employment issue. The employer must observe the employment-termination safeguards and cannot treat the union demand as an automatic dismissal order. Due process applies only if the employee is a union officer. The union may waive the employee’s due process rights for management.

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