부당노동행위구제재심판정취소
The appeal is dismissed.
The costs of appeal are assessed against the Intervenor, and the remainder is assessed against the Defendant.
The grounds of appeal are examined.
1. According to each provision of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”), an employee may freely organize a trade union or join it (Article 5), and a trade union may demand an employer to conduct collective bargaining on behalf of its members (Article 29(1)). However, where a trade union exists in a single business or workplace unit in more than one trade union regardless of its structural form, each trade union shall, in principle, determine a representative bargaining trade union in accordance with the procedures for simplification of bargaining windows and demand the employer to conduct collective bargaining.
(The main purpose of Article 29-2(1) of the Trade Union Act is to establish an efficient and stable collective bargaining system by effectively resolving the problems such as anti-condembing, etc. between trade unions or between trade unions and employers when multiple trade unions exercise their independent collective bargaining rights, lowering the efficiency of collective bargaining, increase in expenses, etc.
( Constitutional Court Order 201Hun-Ma338 Decided April 24, 2012). On the other hand, the Trade Union Act (Article 29-2(2) through (8)) and the Enforcement Decree pursuant to its delegation (Articles 14-2 through 14-9) provide detailed procedures for the simplification of bargaining windows. It consists of the procedures for the establishment of bargaining trade unions that specify a trade union which intends to actually participate in collective bargaining among multiple trade unions and the procedures for the determination of a representative bargaining trade union that determines a representative bargaining trade union again among such multiple trade unions.
In addition, the Enforcement Decree of the Trade Union Act (Article 14-10) sets the maintenance period of the status of a representative bargaining trade union and sets it a representative bargaining trade union which is guaranteed the maintenance period of such status.