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Question
GlobalTextiles Solutions signs a Collective Bargaining Agreement with the GlobalTextiles Workers Union (GTWU). The Union Security Clause states: “All regular employees shall become and remain members of GTWU as a condition of employment; new hires must join within 12 days from the date of hire, and non-members may be terminated at the employer’s sole discretion.” Marco Santos, hired February 15, 2025, declines to join GTWU and is discharged on February 28, 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 Santos’s facts: is his discharge valid or not? What remedies, if any, should apply to Santos and why?