Flashcards Studio

Atlantic Textile Corp signs a Collective Bargaining Agreement with the Atlantic Textile Workers Union (ATWU). The Union Security Clause provides: “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.” Jessa Santos, hired on August 1, 2025, declines to join ATWU and is discharged on August 31, 2025 for non-membership. She 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 Santos’s facts: is her discharge valid or not? What remedies, if any, should apply to Santos and why?