과반수노동조합에대한이의결정재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. The Intervenor Intervenor’s Intervenor Co., Ltd. (hereinafter “ Intervenor Company”) is a company that engages in the manufacturing of industrial machinery, etc. using approximately 3,734 full-time workers, which employs approximately 520 full-time workers and manufactures industrial machinery, etc. (hereinafter “instant business place”). The Intervenor’s Intervenor’s Intervenor Co., Ltd. (hereinafter “ Intervenor”) is a business place that manufactures industrial machinery, etc. with approximately 520 full-time workers.
B. On February 8, 2001, the Plaintiff is a national-level industrial trade union organized with workers engaged in a nationwide metal business (hereinafter “Plaintiff-Subdivision”). A D branch consisting of workers working in the instant business establishment (hereinafter “Plaintiff-Subdivision”).
C. The Intervenor B’s Intervenor’s trade union (hereinafter “ Intervenor’s trade union”) is a company-level trade union established for the organization of workers working in the instant workplace.
On August 8, 2011, Gyeongnam Regional Labor Relations Commission determined the instant workplace as a separate bargaining unit (hereinafter “instant bargaining unit”) in a participant.
E. On December 30, 2015, the Intervenor Trade Union demanded the Intervenor Company to conduct collective bargaining to conclude the wage agreement in 2016. On the same day, the Intervenor Company publicly announced that the Intervenor Company, including the fact that the Intervenor’s demand for bargaining was made on the same day, requires the Intervenor Company to negotiate by January 6, 2016.
On January 6, 2016, the Plaintiff demanded the Intervenor company to conduct collective bargaining in order to conclude the wage agreement in 2016.
F. On January 7, 2016, the Intervenor Company publicly announced that the period of public notice on January 7, 2016 was from the same date to January 12, 2016, demanding negotiations between the Intervenor’s Trade Union and the Plaintiff as follows:
The name of the trade union requesting bargaining is the intervenor Trade Union, the intervenor Trade Union, the plaintiff (Plaintiff's branch) representative of the trade union requesting bargaining is the chairperson E. F. G.