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?
- All monetary CBA questions must be tried by a Labor Arbiter
- Cash value abolishes the agreed grievance machinery
- The interpretation issue belongs in the applicable grievance machinery and voluntary arbitration rather than ordinary Labor Arbiter adjudication
- Only the corporate secretary may decide finally
- 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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