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All Jurisprudence based

0 tracked cards Labor and Social Legislation

GigaTech Precision Manufacturing, a private company, recognizes the GigaTech Workers Union (GTWU). The employee handbook and the current collective bargaining agreement provide: “All employees shall remain members of GTWU as a condition of continued employment; failure to join within 12 days of hire shall result in disciplinary action up to discharge.” A newly hired machine operator, Nico, declines to join GTWU. After three weeks, he receives a disciplinary notice for non-membership and is asked to present GTWU membership within seven days. (a) Identify the controlling doctrine governing mandatory union membership and the so‑called ‘closed shop’ provisions in Philippine law. (b) Is the clause enforceable? Explain the governing rule and apply it to Nico’s situation. (c) If Nico is terminated for non-membership, what remedy may he pursue and what is the likely outcome?

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The controlling doctrine is employer prerogative to maintain a unified workforce; the clause is enforceable as a valid union security clause; Nico’s remedy is to comply or face dismissal without back pay. The controlling doctrine is freedom of association; mandatory membership and ‘closed shop’ provisions are void; the clause is not enforceable; Nico may seek reinstatement with back wages if his dismissal is found to be illegal. The controlling doctrine is freedom of association; the clause is not enforceable; Nico may seek reinstatement with back wages or its equivalent for illegal dismissal. The controlling doctrine is freedom of association; the clause is void; the remedy would be to file an unfair labor practice complaint rather than pursue reinstatement.

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