교섭창구 단일화 체계 하에서 소수노조가 갖는 단체교섭권의 범위 (The right to collective bargaining of the minority union in the system of the single bargaining unit rule of Korea)

서지정보

· 발행기관 : 노동법이론실무학회
· 수록지 정보 : 노동법포럼 / 18호 / 81 ~ 120페이지
· 저자명 : 이준희

초록

Generally, once a collective bargaining channel is unified, the representative bargaining union is in charge of the right to collective bargaining among all trade unions within the bargaining unit. Therefor other individual trade unions have no authority to bargain collectively with the management at all.
However, if the right to collective bargaining is regarded as an independent right, the interpretation of the Articles of the TULRAA that single bargaining channel rules of multiple unions at a workplace must be different. The right to collective bargaining of the representative bargaining union should mean that the union is in charge of concluding collective agreement. The other subjects of collective bargaining should be bargained by other individual trade unions.
Non-representative unions, individual trade unions have the right to collective bargaining about follows; interpretation and application of collective agreement, managerial decisions when seriously influencing working conditions of workers, and maintenance on continuation of trade unions regarding the right to association and so on.

영어초록

Generally, once a collective bargaining channel is unified, the representative bargaining union is in charge of the right to collective bargaining among all trade unions within the bargaining unit. Therefor other individual trade unions have no authority to bargain collectively with the management at all.
However, if the right to collective bargaining is regarded as an independent right, the interpretation of the Articles of the TULRAA that single bargaining channel rules of multiple unions at a workplace must be different. The right to collective bargaining of the representative bargaining union should mean that the union is in charge of concluding collective agreement. The other subjects of collective bargaining should be bargained by other individual trade unions.
Non-representative unions, individual trade unions have the right to collective bargaining about follows; interpretation and application of collective agreement, managerial decisions when seriously influencing working conditions of workers, and maintenance on continuation of trade unions regarding the right to association and so on.

참고자료

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