Practice question
An organized enterprise has an unresolved dispute over wage-structure distortion caused by a wage order. Management insists the dispute cannot fall under RuleIII because the CBA contains no clause using the words 'wage distortion.' Which is best?
- The omission always eliminates jurisdiction.
- Only the words appearing in the CBA can ever determine statutory jurisdiction.
- A wage order can never produce a labor dispute.
- The employer alone may finally decide distortion.
- RuleIII expressly includes that unresolved wage-order distortion category; absence of that phrase in the CBA does not itself defeat it.
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.