공정대표의무 위반 및 부당해고구제재심 판정 취소
1. The Central Labor Relations Commission on November 30, 2017 between the Plaintiff, B trade union, and C Co., Ltd. as of November 30, 2017
1. Details of the decision on retrial;
A. C Co., Ltd. (hereinafter “C”) is a corporation that employs approximately 50 full-time workers and runs a D transport business.
B. On June 30, 201, the Plaintiff is a national unit trade union established for the organization of workers engaged in the nationwide transportation business.
On July 4, 2011, the Plaintiff organized a branch of C, which is a subordinate organization of the Plaintiff (hereinafter “Plaintiff branch”).
C. In the workplace C, in addition to the Plaintiff Branch, there are “B trade union” and “C trade union” as a business unit trade union.
Plaintiff
The date of establishment of branches, B trade unions, and C trade unions and the number of members as of June 2017 shall be as follows:
On July 4, 2011, July 27, 201, 201, the Plaintiff Branch of the Plaintiff Trade Union shall have 7 members and 35 members on August 18, 201. < Amended by Presidential Decree No. 23353, Aug. 18, 2011>
D. A trade union: (a) on May 13, 2016; (b) on May 18, 2016 for the Plaintiff Branch; and (c) on May 20, 2016 for C Trade Union, respectively, demanded C to conduct collective bargaining.
Since then, the procedures for the simplification of bargaining windows have been in progress, and the B Trade Union became final and conclusive as a representative bargaining trade union on August 1, 2016.
E. A trade union concluded a collective agreement with C on March 20, 2017 (hereinafter “instant collective agreement”).
The relevant part of the instant collective agreement is as follows.
Article 14 (Facilities Lease and Convenience Provision) (1) Company shall provide a representative bargaining trade union with an office necessary for the representative bargaining trade union and shall cooperate in the use of all facilities.
Provided, That it shall cooperate within the scope of Article 81 (4) of the Trade Union and Labor Relations Adjustment Act.
Article 32 (Deduction of Cooperative Expenses) Company shall pay the amount under the labor-management agreement after deducting the amount from the wage.
Provided, That it shall be entered with the representative bargaining trade union.
F. Since 2001, C provides approximately 6.61m2 (2m2) trade union offices to B trade union. However, the Plaintiff’s branch and C trade union did not provide the Plaintiff’s branch with a trade union office.
Plaintiff
A chapter does not request C to provide a trade union office on June 5, 2017.