Flashcards Studio

TechLink Global Ltd. is party to a collective bargaining agreement with the TechLink Workers' Union (TLWU). The CBA contains a payroll deduction clause for union dues (check-off) requiring a written payroll deduction authorization signed by the employee, with the authorization remaining in effect until revoked in writing. It also has an agency-fee clause requiring non-members in the bargaining unit to pay a fixed monthly agency fee to cover representational costs. Employee Jessa M. Lim claims she never signed any payroll deduction authorization and has never joined TLWU, yet her wages show ongoing deductions for dues. The employer uses a third‑party payroll service that cannot locate any original signed authorization for Lim or other non-member employees in the unit. TLWU contends that the 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 Lim’s facts, assess whether the employer’s deductions are lawful, outline the remedies available to Lim, and discuss potential liabilities for the employer and the union if the deductions are improper.