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단수노조 사업장에서 교섭창구단일화 절차의 이행 및 단수노조에 대한 교섭대표노조로서의 지위 인정 여부A study on implementation of the procedure for the single bargaining unit and recognition of the legal status of bargaining representative union in a case of single labor union workplace

Other Titles
A study on implementation of the procedure for the single bargaining unit and recognition of the legal status of bargaining representative union in a case of single labor union workplace
Authors
박종희
Issue Date
2017
Publisher
노동법이론실무학회
Keywords
single labor union; multiple labor unions; single bargaining unit system; procedure for single bargaining unit; bargaining representative union; the public notice on the trade union’s bargaining request; 단수노조; 교섭창구단일화제도의 취지; 교섭창구단일화 절차규정의법적 성질; 개별교섭; 교섭대표노조의 지위; 교섭요구사실 공고; 교섭대표노조결정 절차.
Citation
노동법포럼, no.20, pp.151 - 173
Indexed
KCI
Journal Title
노동법포럼
Number
20
Start Page
151
End Page
173
URI
https://scholar.korea.ac.kr/handle/2021.sw.korea/132367
DOI
10.46329/LLF.2017.02.20.151
ISSN
2005-4645
Abstract
A study deals with whether it is necessary for single labor union to implement the procedure for single bargaining unit. if it possible, it is also an issue that whether it recognize the single labor union as bargaining representative union. As a result, the procedure for the single bargaining unit applies if the multiple labor unions are actually present. However, even if the potential labor union can exist, it can also apply the procedure. Therefore, the implementation of the procedure for the single bargaining unit can be determined by the labor union and the employer in single labor union workplace. Also if both the labor union and the employer agree, individual negotiation can be carried out without the implementation of the procedure for the single bargaining unit. Furthermore, if the single labor union implements the procedure, it can be recognized by the bargaining representative union. However, if the union do not go through the procedure, it can not become the bargaining representative union. To consider the meaning of the law or the system, this is the most reasonable interpretation.
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