교섭대표의 선정방식 및 법적 지위에 관한 고찰

Abstract

Recently plural unionism within a company is allowed and procedures for simplification of bargaining windows are enforced by Trade Union and Labor Relations Adjustment ACT. Procedures for simplification of bargaining windows in the business unit is required a degree for unifying working conditions and eliminating negotiation chaos, but there is a criticism that it is against a principle of labor and employer communalism and invades a collective bargain rights of minority labor union. When the labor unions fail to determine a representative bargaining labor union of their own, a collective bargain rights moves on to a labor union organized by majority of all the members of the trade unions without a consent or delegation of the members. The procedures invades a collective bargain rights of minority labor union and the rights of self-determination. By blocking a participation of a minority labor union of which the number of members is not less than 10/100 of the total members of the trade unions participating in procedures for the simplification of bargaining windows, procedures for simplification of bargaining windows invades a collective bargain rights of minority labor union of which the number of members is under 10/100. Legislative improvement which is to eliminate a negotiation chaos and to unify working conditions by not to violate a collective bargain rights of minority labor union is required. A bargaining representative have the authority to bargain and make a collective agreement with the employer or employers’ association for the labor union and its members for his own labor union, but he is an agent in the relationship with the non-representative bargaining labor unions. A legal effect of an act which is done by a bargaining representative on the non-representative bargaining labor unions is decided with a legal status of his own.