복수노조 하의 부당노동행위 유형과 개선방안에 관한 연구

Abstract

Multiple labor union system enforcement in the work place is coming three years in korea. Government value that multiple labor union system is safely arrived in the scene of labor but there is many problems in the operation system. First of all, unfair labor practice is important issue in the multiple labor union system. An employer can support familiar labor union or lead joining specific labor union or treat disadvantage an specific labor union members by performance rating. This study look around unfair labor practice of Japan and America and then provide an important scheme in the field of unfair labor practice. One of important problem in remedy procedures in unfair labor practice is burden of proof. Labor or labor union’s burden of proof is very difficult and so burden-shifting or reduction rules is necessary in unfair labor practice. If a labor union(the charging party) persuade prima facie showing about employer’s unfair labor practice, the employer(the charged party) must have the burden of proof about that he has not committed unfair labor practice. Second, if a small number labor union demands individual bargaining, an employer have to agree the majority labor union’s opinion in the individual bargaining system. Because that method can prevent employer’s attempt to weaken the power of employer’s opposition labor union. Third, the decision process of the bargaining representative labor union is to be strengthened by a direct, secret ballot. Forth, labor union’s unfair labor practice is to be introduced and so individual labor’s unity right can be preserved in the work place. Fifth, the Labor Relations Commission’s relief method is to be various along the various unfair labor practice in the work place.