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NovaCore Electronics, Inc. is bound by a collective bargaining agreement with the NovaCore Workers' Union (NCWU). The CBA contains a payroll deduction clause for union dues (check-off) and a separate agency-fee clause. The dues clause provides that the employer shall deduct monthly union dues from the wages of all employees in the bargaining unit who have signed a written payroll deduction authorization, and the authorization remains in effect until revoked in writing. An employee, Rafael Cruz, claims he never signed any payroll deduction authorization and has never joined NCWU, yet his wages show ongoing dues deductions. The agency-fee clause imposes a non-membership fee to cover representational costs for all employees in the unit, including non-members. Cruz challenges both deductions as unauthorized. The union contends that both deductions are valid under the CBA and applicable law. (a) Identify the controlling doctrine governing the legality and limits of payroll deduction via check-off and the requirements for a valid authorization. (b) Distinguish between dues and agency fees within this framework and explain under what conditions agency fees may be permissibly collected from non-members. (c) Applying the doctrine to Cruz’s facts, assess whether the employer’s deductions are lawful, outline the remedies available to Cruz, and discuss potential liabilities for the employer and the union if the deductions are improper.

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Clara

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