Common use of Disputes between parties to the bargaining council Clause in Contracts

Disputes between parties to the bargaining council. Any dispute arising between the parties to the Bargaining Council other than disputes referred to in clauses 2 and 4 of Chapter 3, shall be subject to arbitration and shall be dealt with as follows: 3.1 The party or parties who claim that a dispute exists must refer the dispute in writing to the General Secretary of the Bargaining Council within 30 calendar days from the date the dispute arose. 3.2 The written referral must reflect the following information: 3.2.1 the details of the party or parties referring the dispute; 3.2.2 the details of the party or parties with whom the referring party is in dispute; 3.2.3 the nature of the dispute; 3.2.4 the date the dispute arose; 3.2.5 the outcome the referring party requires. 3.3 The referral must reach the General Secretary of the Bargaining Council together with proof from the party or parties who refer the dispute satisfying the General Secretary that a copy of the referral has been served on all other parties to the dispute. 3.4 The General Secretary shall appoint an independent arbitrator, which may include a panellist, within 14 calendar days of receiving the written referral and proof that a copy of the referral has been served on all other parties to the dispute. 3.5 The arbitrator may conciliate and/or arbitrate the dispute in terms of the Act as if it were one of those disputes referred to in the Act and must hand down either a settlement in the case of a conciliation or a ruling in the case of an arbitration, within seven calendar days of the conciliation or arbitration been finalised. 3.6 The settlement or ruling as referred to in clause 3.5 above shall be final and binding on the parties to the dispute. 3.7 The total cost to the above-mentioned process shall be paid by the Council’s General Fund. 3.8 The process as described in this clause may be deviated from only if a future collective agreement determines a different process or by agreement between the parties to the dispute.

Disputes between parties to the bargaining council. Any dispute arising between the parties to the Bargaining Council other than disputes referred to in clauses 2 and 4 of Chapter 3, shall be subject to arbitration and shall be dealt with as follows: 3.1 The party or parties who claim that a dispute exists must refer the dispute in writing to the General Secretary of the Bargaining Council within 30 calendar days from the date the dispute arose. 3.2 The written referral must reflect the following information: 3.2.1 the details of the party or parties referring the dispute; 3.2.2 the details of the party or parties with whom the referring party is in dispute; 3.2.3 the nature of the dispute; 3.2.4 the date the dispute arose; 3.2.5 the outcome the referring party requires. 3.3 The referral must reach the General Secretary of the Bargaining Council together with proof from the party or parties who refer the dispute satisfying the General Secretary that a copy of the referral has been served on all other parties to the dispute. 3.4 The General Secretary shall appoint an independent arbitrator, which may include a panellist, within 14 calendar days of receiving the written referral and proof that a copy of the referral has been served on all other parties to the dispute. 3.5 The arbitrator may conciliate and/or arbitrate the dispute in terms of the Act as if it were one of those disputes referred to in the Act and must hand down either a settlement in the case of a conciliation or a ruling in the case of an arbitration, within seven calendar days of the conciliation or arbitration been finalised. 3.6 The settlement or ruling as referred to in clause 3.5 3.10 above shall be final and binding on the parties to the dispute. 3.7 The total cost to the above-mentioned process shall be paid by the Council’s General Fund. 3.8 The process as described in this clause may be deviated from only if a future collective agreement determines a different process or by agreement between the parties to the dispute.

Disputes between parties to the bargaining council. Any dispute arising between the parties to the Bargaining Council other than disputes referred to in clauses 2 and 4 of Chapter 3, shall be subject to arbitration and shall be dealt with as follows: 3.1 The party or parties who claim that a dispute exists must refer the dispute in writing to the General Secretary of the Bargaining Council within 30 calendar days from the date the dispute arose. 3.2 The written referral must reflect the following information: 3.2.1 3.3 the details of the party or parties referring the dispute; 3.2.2 3.4 the details of the party or parties with whom the referring party is in dispute; 3.2.3 3.5 the nature of the dispute; 3.2.4 3.6 the date the dispute arose; 3.2.5 3.7 the outcome the referring party requires. 3.3 3.8 The referral must reach the General Secretary of the Bargaining Council together with proof from the party or parties who refer the dispute satisfying the General Secretary that a copy of the referral has been served on all other parties to the dispute. 3.4 3.9 The General Secretary shall appoint an independent arbitrator, which may include a panellist, within 14 calendar days of receiving the written referral and proof that a copy of the referral has been served on all other parties to the dispute. 3.5 3.10 The arbitrator may conciliate and/or arbitrate the dispute in terms of the Act as if it were one of those disputes referred to in the Act and must hand down either a settlement in the case of a conciliation or a ruling in the case of an arbitration, within seven calendar days of the conciliation or arbitration been finalised. 3.6 3.11 The settlement or ruling as referred to in clause 3.5 3.10 above shall be final and binding on the parties to the dispute. 3.7 3.12 The total cost to the above-mentioned process shall be paid by the Council’s General Fund. 3.8 3.13 The process as described in this clause may be deviated from only if a future collective agreement determines a different process or by agreement between the parties to the dispute.