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All Jurisprudence based

0 tracked cards Labor and Social Legislation

Aurora Tech Manufacturing (ATM) signs a Collective Bargaining Agreement with the Aurora Tech Workers Union (ATWU). The Union Security Clause states: “All regular employees shall become and remain members of ATWU as a condition of employment; new hires must join within 14 days from the date of hire, and non-members may be terminated at the employer’s sole discretion.” Rafael Diaz, hired June 1, 2025, declines to join ATWU and is discharged on June 18, 2025 for non-membership. He files a complaint for illegal dismissal and violation of freedom of association. (a) Identify the controlling doctrine in Philippine labor law regarding the enforceability of union security clauses, with particular focus on whether a “closed shop” or a “union shop” is permissible. (b) Distinguish between a closed shop and a union shop and state which, if any, the above clause attempts to impose. (c) Apply the doctrine to Diaz’s facts: is his discharge valid or not? What remedies, if any, should apply to Diaz and why?

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It is a valid economic threat to compel union dues, but discharge is not the proper remedy; the employee should be required to pay back dues and be reinstated. It is a permissible maintenance-of-membership clause and the discharge is valid because the employee failed to maintain membership after hiring. It creates a closed shop; such a clause is illegal as it violates freedom of association; Diaz’s discharge for non-membership is void; the proper remedy is reinstatement with back wages. It is a nonbinding recommendation to join the union and has no legal effect on employment; the discharge is illegal for other reasons.

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