Thus, the issue is whether the NLRC is deprived of jurisdiction over illegal dismissal
cases whenever a CBA provides for grievance machinery and voluntary arbitration
proceedings. Or, phrased in another way, does the dismissal of an employee constitute
a "grievance between the parties," as defined under the provisions of the CBA, and
consequently, within the exclusive original jurisdiction of the Voluntary Arbitrators,
thereby rendering the NLRC without jurisdiction to decide the case?
On the original and exclusive jurisdiction of Labor Arbiters, Art. 217 of the Labor
Code provides -
Art. 217. Jurisdiction of Labor Arbiters and the Commission. - (a) Except as
otherwise provided under this Code, the Labor Arbiters shall have original and
exclusive jurisdiction to hear and decide within thirty (30) calendar days after the
submission of the case by the parties for decision without extension, even in the
absence of stenographic notes, the following cases involving all workers, whether
agricultural or non-agricultural: (1) Unfair labor practice cases; (2) Termination
disputes; (3) If accompanied with a claim for reinstatement, those cases that workers
may file involving wages, rates of pay, hours of work and other terms and conditions
of employment; (4) Claims for actual, moral, exemplary and other forms of damages
arising from the employer-employee relations; (5) Cases arising from any violation of
Article 264 of this Code, including questions involving the legality of strikes and
lockouts; and, (6) Except claims for Employees Compensation, Social Security,
Medicare and maternity benefits, all other claims arising from employer-employee
relations, including those of persons in domestic or household service, involving an
amount exceeding five thousand pesos (P5,000.00) regardless of whether
accompanied with a claim for reinstatement.
(b) The Commission shall have exclusive appellate jurisdiction over all cases decided
by Labor Arbiters.
(c) Cases arising from the interpretation of collective bargaining agreements and those
arising from the interpretation or enforcement of company personnel policies shall be
disposed of by the Labor Arbiter by referring the same to the grievance machinery and
voluntary arbitration as may be provided in said agreements (emphasis supplied).
However, any or all of these cases may, by agreement of the parties, be submitted
to a Voluntary Arbitrator or Panel of Voluntary Arbitrators for adjudication. Articles 261
and 262 of the Labor Code provide -
Art. 261. 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