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(영문) 서울행정법원 2017.11.30 2016구합65541

재심판정 취소 청구

Text

1. The National Labor Relations Commission of May 2, 2016 unfair labor practices between the Plaintiff and the National Railroad Workers' Union of 2016.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a juristic person established on August 11, 2004 and ordinarily employs approximately 1,00 workers, engaging in the sale of railroad-linked tourism products and general travel business.

B. The National Railroad Workers’ Union (hereinafter “Labor Union”) is in the form of a branch of the National Transport Industry Trade Union, which is an industrial trade union in the past. On February 16, 2015, a trade union is established for the Korea Railroad Corporation and workers engaged in the railroad-related industries and related affiliated businesses by changing its structural form into a national-level trade union.

The first trade union is a superior organization that has the National Democratic Trade Union Federation of Korea, the National Federation of Public Transport and Social Services Trade Union, and its umbrella organization, which is established on April 6, 2015 and operated 270 workers belonging to the plaintiff.

C. On October 29, 2015, the first trade union asserted that the Plaintiff’s refusal of a request for bargaining from October 1, 2015 and a request for bargaining from October 20, 2015 by the first trade union constituted unfair labor practices of refusing collective bargaining under Article 81 subparag. 3 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”). On October 29, 2015, the Plaintiff filed an application for remedy with the Seoul Regional Labor Relations Commission for unfair labor practices (hereinafter “instant application for remedy”).

On December 31, 2015, the Seoul Regional Labor Relations Commission recognized that the Plaintiff’s act of failing to publicly announce the fact of the request for bargaining from the first trade union on October 1, 2015 when it was demanded by the first trade union to proceed with collective bargaining procedures on October 20, 2015 is unfair labor practices of refusing collective bargaining, and the Plaintiff’s demand for bargaining on October 1, 2015 and posted the first trade union on the bulletin board and the inside computer network of the entire workplace for 14 days.