Mr. Philip Sack:

This would normally simply be through the wording of the legislation. Sometimes, legislation will say a "member" can, in other places it will say "the European works council" can, in which case it is down to the internal rules of the EWC as to how it takes a decision to do so. Regarding arbitration, currently it is the European works council as a whole that brings the dispute. It just says, "the parties", I think. It is just how you word the legislation.