You file a CBA grievance in writing at the first step spelled out in your collective bargaining agreement — usually with your immediate supervisor or through your union steward — stating the facts, the CBA provision or company policy involved, and the remedy you are asking for. Under the Labor Code, any grievance that the grievance machinery does not settle within seven (7) calendar days from submission is automatically referred to voluntary arbitration.
A grievance under a collective bargaining agreement (CBA) is not something you bring straight to the National Labor Relations Commission (NLRC) or to a lawyer’s office. It has its own track, built into the CBA itself, and the Labor Code requires that track to exist. Knowing the steps — and the seven-day clock that runs once you file — makes the difference between a grievance that gets resolved and one that stalls.
What Counts as a Grievance Under a CBA
A grievance, in the labor-relations sense, is a dispute over the interpretation or implementation of the CBA itself, or over the interpretation or enforcement of company personnel policies. Typical examples include a disagreement over how a wage differential clause was applied, a dispute over seniority in a promotion, a claimed violation of a grievance-adjacent benefit (e.g., rest-day pay, leave conversion), or a disciplinary action the employee believes was inconsistent with company policy.
Every CBA is legally required to contain a grievance procedure. The Labor Code states that parties to a CBA “shall include provisions that will ensure the mutual observance of its terms and conditions” and “shall establish a machinery for the adjustment and resolution of grievances arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies.” This is found in Article 273 of the Labor Code (the grievance machinery and voluntary arbitration provision, as renumbered).
Step 1: Find and Read Your CBA’s Grievance Machinery Clause
Before filing anything, locate the grievance machinery article in your own CBA. Every CBA is different in its details, but almost all of them describe:
- Who may file (the employee alone, the employee with a shop steward, or only the union on the employee’s behalf)
- The levels of escalation (commonly: immediate supervisor, then department head or HR, then a labor-management grievance committee, then top management)
- The time limit to file after the incident (often a matter of days, sometimes as short as five to ten working days)
- The time limit for each level to respond
- What happens if a level fails to respond or fails to resolve the issue in time
Because the Labor Code lets the parties design their own machinery, the CBA — not the Labor Code — controls these procedural details. Missing the CBA’s own filing deadline can, in some agreements, be treated as a waiver of the grievance, so this step matters as much as the filing itself.
Step 2: Put the Grievance in Writing
Even where a CBA allows an informal first conversation with a supervisor, it is good practice to reduce the grievance to writing as early as possible, and most CBAs require it by the second level at the latest. A written grievance should state:
- The employee’s name, position, and department
- A clear, factual narration of what happened and when
- The specific CBA provision or personnel policy that was allegedly violated
- The remedy being sought (e.g., reinstatement of a benefit, reversal of a disciplinary action, correction of a computation)
- The date of filing, which starts the clock for that level’s response period
Keep a copy of everything you submit and every response you receive. If the union is filing on your behalf, coordinate with your shop steward so the record is consistent from the first level onward.
Step 3: Escalate Through the Levels
If the first-level response is unsatisfactory, or if the responsible officer does not answer within the CBA’s stated period, the grievance moves to the next level named in the CBA. This is usually a joint labor-management grievance committee composed of representatives from both the union and management, tasked with reviewing the grievance and attempting a settlement. Some CBAs cap the entire internal process at a fixed number of days across all levels combined; others give each level its own separate window.
The Seven-Day Rule and Automatic Referral to Voluntary Arbitration
This is the rule every employee and union officer should know: under Article 273 of the Labor Code, all grievances submitted to the grievance machinery which are not settled within seven (7) calendar days from the date of submission are automatically referred to voluntary arbitration as prescribed in the CBA. Nothing further needs to be filed to trigger this — the referral happens by operation of law once the seven-day period lapses without a settlement, even if the CBA’s own internal levels have not all been exhausted.
In practice, many companies and unions still let the internal steps run their course when both sides are engaging in good faith and a resolution looks close, since voluntary arbitration is more formal and can take longer to conclude. But if the employer or the union prefers not to wait, either side can insist on the automatic referral once seven days have passed.
Voluntary Arbitration: Who Decides and How
Article 274 of the Labor Code gives the Voluntary Arbitrator, or panel of Voluntary Arbitrators, original and exclusive jurisdiction to hear and decide grievances arising from the interpretation or implementation of the CBA and from the interpretation or enforcement of company personnel policies once the grievance machinery has failed to settle them. Every CBA is required to name a Voluntary Arbitrator (or a panel) in advance, or to set out a procedure for selecting one when a grievance actually reaches that stage. If the CBA is silent, the National Conciliation and Mediation Board (NCMB) maintains an accredited roster of Voluntary Arbitrators and can assist the parties in selecting one.
A Voluntary Arbitrator’s decision is meant to be a final and binding resolution of the specific grievance, subject only to limited grounds for judicial review. This finality is part of why the internal, informal steps of the grievance machinery matter: they are the parties’ best opportunity to settle a dispute on their own terms before it becomes a binding third-party ruling.
How the Seven-Day Period Is Counted
The seven-day period under Article 273 runs in calendar days, not working days — weekends and holidays count. This is a common point of confusion, since many CBAs set their own internal response deadlines in working days for each level of the grievance machinery. A grievance filed on a Friday, for example, does not get extra time simply because the office is closed over the weekend; the seven-calendar-day clock keeps running. Parties who want to avoid an unplanned automatic referral to voluntary arbitration — because, for instance, they are close to a negotiated settlement and would rather finish it informally — need to track this deadline carefully rather than assume it tracks the CBA’s own, often longer, internal working-day timelines.
What Happens After the Voluntary Arbitrator Decides
A Voluntary Arbitrator’s award or decision does not become final the moment it is handed down. The losing party generally has a short window to seek reconsideration from the Voluntary Arbitrator, and, failing that, may elevate the matter to the Court of Appeals through a petition for review under Rule 43 of the Rules of Court, since voluntary arbitrators are treated as quasi-judicial bodies for purposes of that remedy. Once the reconsideration period lapses without a motion, or once any appeal is resolved, the decision becomes final and executory and may be enforced through a writ of execution issued by the Voluntary Arbitrator. This is why the practical tips above matter so much at the grievance-machinery stage: a dispute that reaches voluntary arbitration and beyond can take considerably longer, and cost considerably more in time and legal fees, than one resolved at an earlier internal level.
What a CBA Grievance Is Not
Not every workplace complaint belongs in the grievance machinery. Claims involving illegal dismissal, unfair labor practice, money claims exceeding a certain jurisdictional threshold, or matters entirely outside the CBA’s coverage may fall under the original jurisdiction of the Labor Arbiter and the NLRC rather than the grievance-and-voluntary-arbitration track. Where a dispute genuinely arises from CBA interpretation or personnel-policy enforcement, however, the grievance machinery generally must be used first, and going straight to the NLRC can result in the case being referred back or dismissed for failure to exhaust the CBA’s own dispute-resolution mechanism.
Practical Tips for Employees and Union Officers
- File early. Many CBAs set a short prescriptive period counted from the incident, not from when you decide to complain.
- Use the union channel if you are a covered employee. Many CBAs route grievances through the shop steward or union grievance committee rather than allowing an individual employee to file solo.
- Track every deadline in writing, both the deadline to file and each level’s deadline to respond — this is what lets you invoke the seven-day automatic referral with confidence.
- Do not skip levels unless the CBA allows it. Some agreements require exhausting each level in order; others allow automatic escalation once a level’s response deadline lapses.
- Keep the request for relief specific. A grievance that asks for a precise, CBA-grounded remedy is easier to resolve at any level than one that is only a general complaint.
Frequently Asked Questions
What if my CBA does not have a clear grievance procedure? The Labor Code requires every CBA to contain a grievance machinery, so a complete gap is rare; if the CBA's procedure is vague or silent on a specific point, the seven-calendar-day rule for automatic referral to voluntary arbitration under Article 273 of the Labor Code still applies as the default backstop.
Can I go straight to the NLRC instead of using the grievance machinery? Generally no, if the dispute genuinely arises from interpreting the CBA or enforcing personnel policy — that dispute falls under the original and exclusive jurisdiction of the Voluntary Arbitrator once the grievance machinery fails to settle it, not the Labor Arbiter.
Who pays for voluntary arbitration? This is normally addressed in the CBA itself or in the submission agreement with the Voluntary Arbitrator; many CBAs split the arbitrator's fees between the company and the union, though the exact allocation varies by agreement.
Can a non-union employee use the CBA grievance procedure? It depends on the CBA's coverage clause — a grievance machinery established under a CBA generally applies to employees within the bargaining unit the union represents, so an employee outside that unit typically would not use the same mechanism.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.