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(영문) 서울행정법원 2018.08.22 2018구합56527

공정대표의무위반시정재심결정취소

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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.

Reasons

1. Details of the decision on retrial;

A. The Plaintiff is a corporation that is established on May 26, 1971 and employs approximately 260 full-time workers and runs a bus transport business.

On the other hand, the plaintiff delegates the right to collective bargaining and sign collective agreements to E-Unions, which are 61 employers' organizations composed of 61 foreign bus companies.

B. On November 30, 2006, the intervenor organized the number of union members as an industrial trade union at a national unit established on the organization of workers engaged in the public, transportation, and social service affairs. A superior organization is about 174,000 members, and on February 6, 2013, the plaintiff's workplace organized G subdivisions (hereinafter "the intervenor subdivision") as subordinate organization at the plaintiff's workplace, and approximately 18 workers belonging to the plaintiff (the present 7 workers number was reduced) as of the date of concluding the collective agreement under the foregoing paragraph (f).

C. In the Plaintiff’s workplace, there are trade unions in addition to intervenors, and the CF is a regional unit trade union established on September 2, 198 for the organization of workers engaged in D bus or bus transportation business and its incidental business, and the number of union members is about 17,100, and a higher organization is a Hfol and a trade union established on February 24, 1974 at the Plaintiff’s workplace is organized as a subordinate organization, and approximately 242 workers belonging to the Plaintiff as of the date of concluding the collective agreement under the following sub-paragraph (f).

C. On November 2, 2015, the Intervenor requested the Plaintiff to conduct collective bargaining on November 6, 2015.

Since then, the procedures for the simplification of bargaining windows have been proceeded, and the C Trade Union became a representative bargaining trade union on December 10, 2015.

E. On May 15, 2017, the CF and E Union concluded a collective agreement (term of validity: from February 1, 2017 to January 31, 2019; hereinafter “instant collective agreement”).

Article 6 (Labor-Management Council) A Labor-Management Council shall be established between a company and its branch offices (trade union).

No matters concerning wages shall be dealt with.

except that.