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Labour Relations Act, 1995 (Act No. 66 of 1995)

Chapter III : Collective Bargaining

Part D : Bargaining Councils in the Public Service

38. Disputes between bargaining councils in public service

 

(1) If there is a jurisdictional dispute between two or more bargaining councils in the public service, including the Public Service Co—ordinating Bargaining Council, any party to the dispute may refer the dispute in writing to the Commission.

 

(2) The party who refers the dispute to the Commission must satisfy the Commission that a copy of the referral has been served on all other bargaining councils that are parties to the dispute.

 

(3) The Commission must attempt to resolve the dispute as soon as possible through conciliation.

 

(4) If the dispute remains unresolved, any party to the dispute may request that the dispute be resolved through arbitration by the Commission.

 

[Section 38 substituted by section 9 of Act No. 12 of 2002]