과반수 노동조합에 대한 이의결정 재심 판정 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.
1. Circumstances and details of the decision on reexamination;
A. C Co., Ltd. (hereinafter “C”) is a corporation that is established on August 1, 1990 and ordinarily employs approximately 1,750 workers and operates sports facility business.
B. The plaintiff does not have a superior organization affiliated with C as a company-level trade union established on April 14, 1993, whose organization covers workers belonging to C.
The Intervenor joining the Defendant’s Intervenor (hereinafter “ Intervenor”) also does not have a superior organization that was organized as a company-level trade union established on November 29, 2014.
C. On June 8, 2018, the Plaintiff and the Intervenor demanded C to conduct collective bargaining to conclude a collective agreement.
C On June 11, 2018, in addition to the facts of the request for negotiations by the plaintiff and the intervenor and the trade union wishing to negotiate, in addition to the plaintiff and the intervenor, C announced that he/she will request C to negotiate by June 15, 2018.
By June 15, 2018, in addition to Plaintiff and Intervenor, C, who is not a trade union that requested bargaining, made a public announcement on June 16, 2018 of the decision of the trade union requesting bargaining.
On July 10, 2018, the Plaintiff notified C that it is a major trade union, and C, on July 11, 2018, publicly announced the period of public announcement from July 11, 2018 to July 16, 2018 as the major trade union.
E. On July 16, 2018, the Intervenor filed an objection against the public notice of the majority trade union with the Seoul Regional Labor Relations Commission by asserting that “The Intervenor constitutes a majority trade union among the Plaintiff and the Intervenor. Therefore, it is erroneous for C to announce the Plaintiff as a majority trade union on July 11, 2018.”
F. The Seoul Regional Labor Relations Commission’s calculation date on August 6, 2018 between the Plaintiff and the Intervenor for the determination of a major trade union is June 16, 2018, which is the date of the public announcement of the determination of the trade union requesting bargaining.
If the list of union members is excluded from double subscribers, the number of union members of the intervenor on the basis of the above date is 802, and the number of union members of the plaintiff is 781.