Practice question
A CBA benefit dispute remains unresolved after the grievance process. Its only issue is the meaning of a contractual allowance clause, with no claim of flagrant or malicious refusal to comply with an economic term. A party labels it 'ULP' solely to avoid voluntary arbitration. Does the label control?
- Yes; every CBA disagreement is automatically ULP.
- Yes; any label conclusively fixes jurisdiction.
- Yes; grievance machinery eliminates all adjudication.
- Yes; only an employer may interpret the clause.
- No; the ordinary unresolved CBA-interpretation grievance falls within the statutory voluntary-arbitration framework.
Legal references
- https://www.scribd.com/document/1056241538/DO-255-25-Revised-Procedural-Guidelines-in-the-Conduct-of-Voluntary-Arbitration-Proceedings — Reproduced DOLE Department Order255-25, RuleIII Section1, original issued text.
- https://library.laborlaw.ph/wp-content/uploads/2023/10/2022.Labor_.Code_.DOLE-edition.pdf — Labor Code Articles274–275 [261–262].
Answer this question in flashcards to review your response and continue practicing.