In referring the dispute to MEIBC and the subsequent arbitration proceedings, the Union argued that the company had breached the main agreement and demanded payment of the wages it lost as a result of the imposition of a short period of time on its members. In accordance with Article 36 of the main agreement, Article 4.2.4 of the MEIBC dispute settlement contract governs the resolution of disputes relating to the interpretation or application of collective agreements, including the main contract. The agreement provides for the referral of the MEIBC by a party to the dispute, an attempt to resolve a dispute by conciliation and, subsequently, if the conciliation fails, a reference to arbitration. any fundamental condition of employment which, under section 49, paragraph 1, of the Basic Labour Act, constitutes a duration of employment of a worker under the collective agreement; and: in the event of a dispute over the interpretation or application of a collective agreement, a party may refer the dispute in writing to the Commission if the ability to verify or not the arbitrator`s arbitration decision relates primarily to the question of whether it was in fact compliance with the main agreement of the MEIBC. This is the basis on which the arbitrator issued his sentence and in which the relevance of his conclusion should be assessed. The arbitration award considered in this proceeding has its roots in a dispute between the Union and the company over part-time unemployment work. The Union submitted that in April and May 2004, a number of its members employed by the company had been recruited on a short-term level, in violation of the provisions of the main agreement of the Council of Collective Agreements of the Metallurgical and Mechanical Industry (`MEIBC`). The details and merits of the claim are not relevant to the current purposes and I do not intend to examine them further. It is important that the Union refer the matter to the arbitration procedure under Section 24 of the LRA as a dispute over the interpretation and application of the main agreement. It is customary for the company and its employees, including members of the Union, to be bound by the main agreement, a collective agreement within the meaning of Section 24 of the LRA, and by the MEIBC dispute settlement agreement. Both the main agreement and the dispute settlement agreement were renewed by the Minister within the meaning of Section 32 of the LRA to link non-parties to the agreements. Both agreements have been extended to non-parties and employers are obliged to make contributions under these agreements. 9.
Article 36 of the main MEIBC agreement stipulates that disputes in this sector are dealt with as part of the resolution agreement on the metallurgical industry published on 15 August 2003. The clause is as follows: the MEIBC provides the administrative infrastructure and technical know-how necessary to ensure effective collective bargaining, sector respect, litigation and social protection services.