교섭창구 단일화 방안의 안정적 정착을 위한 해석방안To Construct the Rule of Single Bargaining Unit to be smoothly incorporated in Labor Laws
- Other Titles
- To Construct the Rule of Single Bargaining Unit to be smoothly incorporated in Labor Laws
- Authors
- 박종희
- Issue Date
- 2011
- Publisher
- 안암법학회
- Keywords
- the multiple union at a workplace; the single bargaining unit rule; to unify the terms and working conditions in a workplace; the stabilization of labor relations; the delegation of a right to bargain collectively; the status of labor union; the separation of bargaining unit; the joint body for collective bargaining; the duty of fair representation; 복수노동조합; 교섭창구단일화; 근로조건의 통일적 형성; 노사관계 안정화; 교섭권한의 위임; 노동조합의 지위; 교섭단위 분리; 공동교섭대표단; 공정대표의무
- Citation
- 안암법학, no.34, pp.523 - 553
- Indexed
- KCI
- Journal Title
- 안암법학
- Number
- 34
- Start Page
- 523
- End Page
- 553
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/134406
- ISSN
- 1226-6159
- Abstract
- The rule of single bargaining unit have been introduced to the Korea labor laws in company with the multiple labor union system in a workplace for the collective bargaining. First of all, this examined whether the rule is constitutional or not in the aspect of the legal system. The second, the purpose of the rule is to stabilize the labor relations and to establish the unified working conditions in a workplace. The purpose can be found out in the legislative history of labor laws. The third, even if the Labor Union Act has been amended to introduce the single bargaining unit rule, the labor unions, subject to the Act, hold on the capacity to enter into the collective bargaining agreement except in the multiple unions at a workplace requiring the status of the representative union at the workplace. The fourth, the representative union status could be achieved with gaining the majority of employees in the workplace by the delegations and attending the joint representative body for a collective bargaining. The fifth, it should be determined, under the purpose of the single bargaining unit rule, whether a bargaining unit could be separated depends on the interchange of personnel in the units. The sixth, the duty of fair representation should not be limited in establishing the terms of a collective agreement but extended to the bargaining process and the implementation of the collective agreement.
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