Gross Violations of CBA

Article 261 of the Labor Code provides that violations of a CBA, except those which are gross in character, shall no longer be treated as unfair labor practice and shall be resolved as grievances under the parties' CBA. Moreover, "gross violations of CBA" under the same Article referred to flagrant and/or malicious refusal to comply with the economic provisions of such agreement, which is not the issue in the instant case. (G.R. No. 178083, July 22, 2008)

Under this provision [Article 261], voluntary arbitrators have original and exclusive jurisdiction over matters which have not been resolved by the grievance machinery. (G.R. No. 174420, March 22, 2010)

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