과반수 노동조합에 대한 이의 결정 재심결정 취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. The status of the parties 1) A Co., Ltd. (hereinafter “instant company”).
(2) On April 8, 2001, the Plaintiff is a national-level industrial trade union established on April 21, 1998 and established on April 21, 1998, with 260 full-time workers engaged in the manufacturing of industrial works and industrial machinery. (3) The Plaintiff is a national-level industrial trade union established on February 8, 2001, with the organization of workers engaged in
The Plaintiff, a superior organization, has a National Federation of Democratic Trade Unions (hereinafter referred to as the “Plaintiff Branch”), and has established on March 25, 2015, a branch of the instant company (hereinafter referred to as the “Plaintiff Branch”), which is organized by the employees belonging to the instant company.
3) The Intervenor joining the Defendant (hereinafter “ Intervenor”)
(2) On April 8, 2015, an intervenor, on January 3, 2017, requested the instant company to conduct collective bargaining on the part of a superior organization as a trade union established for employees working in the instant company. (2) On January 3, 2017, the intervenor requested the instant company to conduct collective bargaining. On the same day, the instant company publicly announced that the trade union, including the fact of the said request for bargaining, seeking bargaining, other than the intervenors, would request the instant company to negotiate by January 10, 2017 (hereinafter “public announcement of the request for bargaining”).
On January 10, 2017, the Plaintiff demanded the instant company to negotiate. On January 11, 2017, the instant company confirmed and notified a trade union requesting the negotiation on January 11, 2017, and publicly announced the name, etc. of the trade union requesting the negotiation by January 16, 2017 (hereinafter referred to as “final announcement of the trade union requesting the negotiation of this case”).
2. Since January 17, 2017 to January 31, 2017, which is the period for the decision of autonomous representative bargaining trade union, the representative bargaining trade union was not decided. The Plaintiff and the intervenor notified the instant company of each of their respective trade unions as a major trade union on February 1, 2017. The instant company made the period for public announcement of the same day until February 6, 2017 to the effect that the Plaintiff and the intervenor are the majority.