Practice question
The Secretary certifies a national-interest dispute to the NLRC. Before the compulsory-arbitration process ends, both parties genuinely agree to submit the dispute to voluntary arbitration. One party’s adviser says the prior certification makes this legally impossible at every later stage. Which is correct?
- Certification permanently abolishes every voluntary option.
- Only the employer may elect voluntary arbitration unilaterally.
- Only the union may elect it unilaterally.
- Article 278(h) permits the parties to opt for voluntary arbitration before or at any stage of compulsory arbitration.
- A voluntary agreement automatically authorizes a strike during arbitration.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 278(g)–(i) and 279(a).
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