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Philippine Bar review · Question

Practice question: Jurisdiction in Local Employment Cases

Multiple Choice Hard

Practice question

A union and employer dispute only the meaning of a CBA benefit clause. They have an applicable grievance and voluntary-arbitration mechanism; no separate unfair labor practice or other claim changes the nature of the issue. The union files directly with a Labor Arbiter merely because the benefit has a cash value. What is correct?
  1. All monetary CBA questions must be tried by a Labor Arbiter
  2. Cash value abolishes the agreed grievance machinery
  3. The interpretation issue belongs in the applicable grievance machinery and voluntary arbitration rather than ordinary Labor Arbiter adjudication
  4. Only the corporate secretary may decide finally
  5. The CBA is void whenever its meaning is disputed

Legal references

  • https://lawphil.net/statutes/repacts/ra1989/ra_6715_1989.html — RA 6715, section 9: Labor Code Article 217, now Article 224, original and appellate jurisdiction and grievance referral.
  • https://lawphil.net/judjuris/juri2021/nov2021/gr_216716_2021.html — Esico v. Alphaland Corp., G.R. 216716, November 17, 2021, main decision: Article 224 categories and reasonable causal connection; distinct civil contract claims.
  • https://lawphil.net/statutes/repacts/ra1994/ra_7730_1994.html — RA 7730, Article 128(b): distinct DOLE inspection and compliance jurisdiction.

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