Money-claim underpayment of retirement benefits involves an issue arising from the interpretation or implementation of a provision of the collective bargaining agreement which according to Article 261 of the Labor Code falls within the original and exclusive jurisdiction of the Voluntary Arbitrator or Panel of Voluntary Arbitrators, and not the Labor Arbiter. Said provision, however, excluded from this original and exclusive jurisdiction, gross violation of the CBA, which is defined as "flagrant and/or malicious refusal to comply with the economic provisions" of the CBA.
[2014V656] UNIVERSITY OF SANTO TOMAS FACULTY UNION vs. UNIVERSITY OF SANTO TOMAS, G.R. No. 203957, July 30, 2014, J. Carpio
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