교섭창구 단일화 방안의 안정적 정착을 위한 해석방안

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.