Practice question
A dispute solely concerns interpretation of a CBA benefit and is subject to its grievance machinery. A party insists that DO 249 requires a fresh ordinary SEnA process instead of that machinery in every case. Which is correct?
- SEnA automatically abolishes all CBA grievance procedures.
- The mediator may rewrite the CBA unilaterally.
- The employer alone determines the interpretation conclusively.
- DO 249 recognizes the separate grievance route for CBA interpretation or implementation issues rather than imposing that universal substitution.
- No assistance is available for any CBA problem.
Legal references
- Executive Order No. 126, January 30, 1987, Section 22: https://lawphil.net/executive/execord/eo1987/eo_126_1987.html
- Executive Order No. 251, July 25, 1987, Section 4 amending EO 126 Section 22: https://lawphil.net/executive/execord/eo1987/eo_251_1987.html
- RA 10396, conciliation-mediation and referral: https://lawphil.net/statutes/repacts/ra2013/ra_10396_2013.html
- DOLE Department Order No. 249, series of 2025, signed order reproduced by Alburo Law, Revised SEnA IRR: https://www.alburolaw.com/wp-content/uploads/2025/09/020725-DO-249-25-Revised-Implementing-Rules-and-Regulations-Strengthening-Conciliation-Mediation-as-a-Voluntary-Mode-of-Dispute-Settlement-for-All-Labor-Disputes.pdf
- DOLE official explanation of DO 249, series of 2025, revising SEnA rules and introducing ARMS: https://dole.gov.ph/news/dole-trains-labor-officers-on-new-arms-system-to-speed-up-help-for-workers/
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