Book V — Labor Relations
Article 261
ELI5— what this means for you
Voluntary arbitrators (not NLRC) have original and exclusive jurisdiction over CBA interpretation disputes and company personnel policy violations. Minor CBA violations are no longer treated as ULP — they go through the grievance process instead.
Key point
Official text — PD 442
Jurisdiction of Voluntary Arbitrators or panel of Voluntary Arbitrators.
The Voluntary Arbitrator or panel of Voluntary Arbitrators shall have original and exclusive jurisdiction to hear and decide all unresolved grievances arising from the interpretation or implementation of the Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies referred to in the immediately preceding article. Accordingly, violations of a Collective Bargaining Agreement, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the Collective Bargaining Agreement. For purposes of this article, gross violations of Collective Bargaining Agreement shall mean flagrant and/or malicious refusal to comply with the economic provisions of such agreement.
The Commission, its Regional Offices and the Regional Directors of the Department of Labor and Employment shall not entertain disputes, grievances or matters under the exclusive and original jurisdiction of the Voluntary Arbitrator or panel of Voluntary Arbitrators and shall immediately dispose and refer the same to the Grievance Machinery or Voluntary Arbitration provided in the Collective Bargaining Agreement.
Source: lawphil.net (PD 442 as amended)
RELATED RIGHTS
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