사무직 노조 교섭단위분리 사건에 대한 법적 검토

Abstract

According to Trade Union and Labor Relations Adjustment Act, in case plural trade unions exist in an enterprise or workplace, the bargaining unit signifies the unit to determine the bargaining representative union, and appears as the enterprise or workplace. The principal point is that bargaining unit can be divided by the Labor Relations Commission at the request of either or both of the parties to the labor relationship, when the legal conditions of the determination of bargaining unit division are fulfilled. The legal conditions are considerations of remarkable disparity of working conditions, employment status, bargaining practices, etc., and necessities of division of the bargaining unit. Recently, as white-collar unions were established, the Labor Relations Commission comes to decisions about the division of bargaining unit. This paper will be to look at the case of the recent White-Collor Union’s division of bargaining unit, reviewed for its recognized standards.