Practice question
A union claims that every CBA disagreement is ULP. The employer has adopted a good-faith interpretation of an ambiguous administrative scheduling provision, and the stipulated facts establish neither a gross economic violation nor another independent statutory ULP. Where does the asserted CBA grievance ordinarily belong?
- It automatically requires criminal prosecution.
- Every interpretation dispute is a gross economic violation.
- The employer alone conclusively decides the grievance.
- It belongs in the CBA grievance and voluntary-arbitration framework rather than becoming ULP merely from the disagreement.
- The CBA is automatically void.
Legal references
- Labor Code, DOLE consolidated 2022 edition, Articles 219, 258–260, 262–264, 274 and 278–279: https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/15242/PHL15242%202022.pdf; Articles 258–260, 274–275.
- Adamson University Faculty and Employees Union v Adamson University, G.R. No. 227070, March 9, 2020, ULP proof and organizing nexus: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/18/66229
- Philippine Airlines v Dawal, G.R. Nos. 173921 and 173952, February 24, 2016, gross economic CBA violations: https://lawphil.net/judjuris/juri2016/feb2016/gr_173921_2016.html
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