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Question
BrightWave Electronics, Inc. signs a Collective Bargaining Agreement with the BrightWave Electronics Workers Union (BWEU). The Union Security Clause states: “All regular employees shall become and remain members of BWEU as a condition of employment; new hires must join within 25 days from the date of hire, and non-members may be terminated at the employer’s sole discretion.” Jose Alarcon, hired March 1, 2026, declines to join BWEU and is discharged on April 15, 2026 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 imposes. (c) Apply the doctrine to Alarcon’s facts: is his discharge valid or not? What remedies, if any, should apply to Alarcon and why?