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    Viviero Vs CA

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    Cecille Garces-Songcuan
    The petitioner, a seaman and union member, was terminated by the private respondents for poor performance. Under the collective bargaining agreement, disputes were to be brought to the Grievance Committee and if unresolved, to voluntary arbitration. The petitioner filed a complaint that was not settled, so the private respondents argued the issue must go to voluntary arbitration. However, the petitioner believed termination disputes fall under the labor arbitrator's jurisdiction. The court remanded the case to the labor arbitrator, holding that for voluntary arbitration to have jurisdiction over termination disputes, the collective bargaining agreement must expressly state that in unequivocal terms, as they normally fall under the labor arbitrator's exclusive original jurisdiction. Mere agreement that "all disputes"

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    Viviero Vs CA

    Uploaded by

    Cecille Garces-Songcuan
    26 views2 pages
    The petitioner, a seaman and union member, was terminated by the private respondents for poor performance. Under the collective bargaining agreement, disputes were to be brought to the Grievance Committee and if unresolved, to voluntary arbitration. The petitioner filed a complaint that was not settled, so the private respondents argued the issue must go to voluntary arbitration. However, the petitioner believed termination disputes fall under the labor arbitrator's jurisdiction. The court remanded the case to the labor arbitrator, holding that for voluntary arbitration to have jurisdiction over termination disputes, the collective bargaining agreement must expressly state that in unequivocal terms, as they normally fall under the labor arbitrator's exclusive original jurisdiction. Mere agreement that "all disputes"

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    labor law

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    Viviero vs CA

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    The petitioner, a seaman and union member, was terminated by the private respondents for poor performance. Under the collective bargaining agreement, disputes were to be brought to the Grievance Committee and if unresolved, to voluntary arbitration. The petitioner filed a complaint that was not settled, so the private respondents argued the issue must go to voluntary arbitration. However, the petitioner believed termination disputes fall under the labor arbitrator's jurisdiction. The court remanded the case to the labor arbitrator, holding that for voluntary arbitration to have jurisdiction over termination disputes, the collective bargaining agreement must expressly state that in unequivocal terms, as they normally fall under the labor arbitrator's exclusive original jurisdiction. Mere agreement that "all disputes"

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views2 pages

    Viviero Vs CA

    Uploaded by

    Cecille Garces-Songcuan
    The petitioner, a seaman and union member, was terminated by the private respondents for poor performance. Under the collective bargaining agreement, disputes were to be brought to the Grievance Committee and if unresolved, to voluntary arbitration. The petitioner filed a complaint that was not settled, so the private respondents argued the issue must go to voluntary arbitration. However, the petitioner believed termination disputes fall under the labor arbitrator's jurisdiction. The court remanded the case to the labor arbitrator, holding that for voluntary arbitration to have jurisdiction over termination disputes, the collective bargaining agreement must expressly state that in unequivocal terms, as they normally fall under the labor arbitrator's exclusive original jurisdiction. Mere agreement that "all disputes"

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    48.

    Viviero vs CA
    Facts:

    The petitioner, Celestino Vivero is a licensed seaman and a member of a union


    named AMOSUP (Associated Marine Officers and Seamens Union of the
    Philippines).
    The private respondents, Hammonia Marine Services and Hanseatic Shipping
    Co., LTD terminated the petitioner due to poor performance and conduct.
    Under the collective bargaining agreement, any dispute concerning working
    conditions or any breach of Employment Contract shall be brought to the
    attention of the Grievance Committee before either party takes any legal actions.
    If the Committee fails to act on the dispute the same shall be referred to a
    Voluntary Arbitration Committee. An impartial arbitrator will be appointed by
    mutual choice and consent of the UNION and the COMPANY.
    Due to termination made by the private respondent, petitioner filed a complaint
    before the Committee, however the parties failed to reach and settle the dispute
    amicably.
    The private respondent avers that the issue must be resolved through voluntary
    arbitration as embedded in the CBA.
    The petitioner argued that the case involves termination. Thus, it is within the
    jurisdiction of the LA and NLRC. Moreover, voluntary arbitration is voluntary in
    nature, otherwise it would be a compulsory arbitration.

    Issue:
    Who has the jurisdiction over termination dispute in the presence of submission
    to voluntary arbitration in the CBA?
    Held:
    The case was remanded to LA.
    In San Miguel Corp. v. National Labor Relations Commission this Court held
    that the phrase "all other labor disputes" may include termination disputes provided
    that the agreement between the Union and the Company states "in unequivocal
    language that [the parties] conform to the submission of termination disputes and
    unfair labor practices to voluntary arbitration."
    Ergo, it is not sufficient to merely say that parties to the CBA agree on the
    principle that "all disputes" should first be submitted to a Voluntary Arbitrator. There
    is a need for an express stipulation in the CBA that illegal termination disputes
    should be resolved by a Voluntary Arbitrator or Panel of Voluntary Arbitrators, since the
    same fall within a special class of disputes that are generally within the exclusive

    original jurisdiction of Labor Arbiters by express provision of law. Absent such express
    stipulation, the phrase "all disputes" should be construed as limited to the areas of
    conflict traditionally within the jurisdiction of Voluntary Arbitrators, i.e., disputes
    relating to contract-interpretation, contract-implementation, or interpretation or
    enforcement of company personnel policies. Illegal termination disputes - not falling
    within any of these categories - should then be considered as a special area of interest
    governed by a specific provision of law.

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