NBCEI FORM 7.11 Referring a Dispute for conciliation including Con Arb

The following disputes cannot be referred to the Bargaining Council-

• where the issue in dispute is one that must be referred to the CCMA or Labour Court in terms of the LRA or the BCEA.
• where a private agreement exists for resolving disputes (for example: private arbitration)
• where the employer is not a member of the employers organisation, ECA and/or the employee is a not member of the trade union, SAEWA. (If either one of the parties to the dispute is not a member the recognised parties to this Council, the dispute must be referred to the CCMA)