Arbiter, following the well-settled rule that jurisdiction is determined by law and not by
consent or agreement of the parties or by estoppel.[14]
Finally, the appellate court ruled that a case falling under the jurisdiction of the
Labor Arbiter as provided under Art. 217 of the Labor Code may be lodged instead with
a Voluntary Arbitrator because the law prefers, or gives primacy, to voluntary arbitration
instead of compulsoryarbitration.[15] Consequently, the contention that the NLRC would
be deprived of its jurisdiction to try, hear and decide termination disputes under Art. 217
of the Labor Code, should the instant dispute be referred to the Voluntary Arbitration
Committee, is clearly bereft of merit.[16] Besides, the Voluntary Arbitrator, whether acting
solely or in a panel, enjoys in law the status of a quasi-judicial agency independent of,
and apart from, the NLRC since his decisions are not appealable to the latter. [17]
Celestino Vivero, in his petition for review assailing the Decision of the Court of
Appeals, alleges that the appellate court committed grave abuse of discretion in holding
that a Voluntary Arbitrator or Panel of Voluntary Arbitrators, and not the Adjudication
Branch of the NLRC, has jurisdiction over his complaint for illegal dismissal. He claims
that his complaint for illegal dismissal was undeniably a termination dispute and did not,
in any way, involve an "interpretation or implementation of collective bargaining
agreement" or "interpretation" or "enforcement" of company personnel policies. Thus, it
should fall within the original and exclusive jurisdiction of the NLRC and its Labor
Arbiter, and not with a Voluntary Arbitrator, in accordance with Art. 217 of the Labor
Code.
Private respondents, on the other hand, allege that the case is clearly one "involving
the proper interpretation and implementation of theGrievance Procedure found in
the Collective Bargaining Agreement (CBA) between the parties"[18] because of
petitioners allegation in his claim/assistance request form submitted to the Union, to wit:
NATURE OF COMPLAINT
3. Illegal Dismissal - Reason: (1) That in this case it was the master of M.V. SUNNY
PRINCE Capt. Andersen who created the trouble with physical injury and stating
false allegation; (2) That there was no proper procedure of grievance; (3) No proper
notice of dismissal.
Is there a Notice of dismissal? _x_ Yes or ____ No
What date? 11 July 1994
Is there a Grievance Procedure observed? ____ Yes or _x_ No[19]
Private respondents further allege that the fact that petitioner sought the assistance
of his Union evidently shows that he himself was convinced that his Complaint was
within the ambit of the jurisdiction of the grievance machinery and subsequently by a
Panel of Voluntary Arbitrators as provided for in their CBA, and as explicitly mandated
by Art. 261 of the Labor Code.[20]