복수노조 교섭창구단일화 제도의 주요 쟁점

Abstract

The amendment of the Trade Union and Labor Relations Adjustment Act in 2010 has a significant influence on the Korean industrial relations enough to change the paradigm of the collective labour relations all at once as multiple trade unionism not only guarantees workers’ choice on trade union but also leads to the various cases in the collective labour relations. Therefore, it needs to review precise and proper interpretation of the labour law and seek to the legal alternatives, for trade union pluralism is closely related to the various legal issues. Although there are some views that the legal procedure for single bargaining table is the violation of the Constitution, it is necessary to try to solve the controversy on the violation of the Constitution through maximum guaranteeing the minor trade union the opportunity of participation in the bargaining. In relation to the procedure for determining the trade unions participating the single bargaining table, the trade unions participating the procedure for single bargaining table must be all the trade unions regardless of the type of organization considering the intent of the legal procedure for the single bargaining table. Bargaining unit should be set in the level of outside of the workplace in the view of the intent of securing the workers’ rights of organization, collective bargaining and collective action pursuant to the Constitution, the principle of the labor management autonomy, etc. Voluntary bargaining by the consent of the employer should be permitted in the case of satisfying the special requirement because the bargaining may infringe the procedure for the single bargaining table. First of all, when the two trade unions or more coexist, the trade unions can determine the representative for the collective bargaining with autonomy. If it fails, the trade union composed of a majority of the workers in a certain bargaining unit can negotiate and make a collective agreement for all the unions and workers in the bargaining unit. In case that the trade union organized of a majority of the workers does not exist, the trade union supported by the majority of workers must be elected under the supervision of the Labor relations Commission. If it is unsuccessful, the joint bargaining representative team can negotiate and make a collective agreement.