assume jurisdiction in the absence of an express legal conferment. In the same manner,
petitioner cannot arrogate into the powers of Voluntary Arbitrators the original and
exclusive jurisdiction of Labor Arbiters over unfair labor practices, termination disputes,
and claims for damages, in the absence of an express agreement between the parties
in order for Art. 262 of the Labor Code to apply in the case at bar. In other words, the
Court of Appeals is correct in holding that Voluntary Arbitration is mandatory in
character if there is a specific agreement between the parties to that effect. It must be
stressed however that, in the case at bar, the use of the word "may" shows the intention
of the parties to reserve the right of recourse to Labor Arbiters.
The CBA clarifies the proper procedure to be followed in situations where the
parties expressly stipulate to submit termination disputes to the jurisdiction of a
Voluntary Arbitrator or Panel of Voluntary Arbitrators. For when the parties have validly
agreed on a procedure for resolving grievances and to submit a dispute to voluntary
arbitration then that procedure should be strictly observed. Non-compliance therewith
cannot be excused, as petitioner suggests, by the fact that he is not well-versed with the
"fine prints" of the CBA. It was his responsibility to find out, through his Union, what the
provisions of the CBA were and how they could affect his rights. As provided in Art. 241,
par. (p), of the Labor Code -
(p) It shall be the duty of any labor organization and its officers to inform its members
on the provisions of its constitution and by-laws, collective bargaining agreement, the
prevailing labor relations system and all their rights and obligations under existing
labor laws.
In fact, any violation of the rights and conditions of union membership is a "ground
for cancellation of union registration or expulsion of officer from office, whichever is
appropriate. At least thirty percent (30%) of all the members of a union or any member
or members especially concerned may report such violation to the Bureau [of Labor
Relations] x x x x"[29]
It may be observed that under Policy Instruction No. 56 of the Secretary of Labor,
dated 6 April 1993, "Clarifying the Jurisdiction Between Voluntary Arbitrators and Labor
Arbiters Over Termination Cases and Providing Guidelines for the Referral of Said
Cases Originally Filed with the NLRC to the NCMB," termination cases arising in or
resulting from the interpretation and implementation of collective bargaining agreements
and interpretation and enforcement of company personnel policies which were initially
processed at the various steps of the plant-level Grievance Procedures under the
parties' collective bargaining agreements fall within the original and exclusive jurisdiction
of the voluntary arbitrator pursuant to Art. 217 (c) and Art. 261 of the Labor Code; and, if
filed before the Labor Arbiter, these cases shall be dismissed by the Labor Arbiter for
lack of jurisdiction and referred to the concerned NCMB Regional Branch for
appropriate action towards an expeditious selection by the parties of a Voluntary
Arbitrator or Panel of Arbitrators based on the procedures agreed upon in the CBA.
As earlier stated, the instant case is a termination dispute falling under the original
and exclusive jurisdiction of the Labor Arbiter, and does not specifically involve the