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(영문) 서울고등법원 2015.01.22 2013누50946

교섭단위분리재심결정취소

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1. Revocation of the first instance judgment.

2. The National Labor Relations Commission between the Plaintiff and the Intervenor on March 26, 2013.

Reasons

재심결정의 경위 당사자 지위 등 피고보조참가인(이하 ‘참가인’이라고 한다)은 1973. 3. 1. 설립되어 서울 영등포구 여의도동 18에 본점을 두고, 5개 본부와 18개 지역방송국에서 상시근로자 약 5,400명을 고용하여 국가기간방송사업을 경영하는 법인이고, 원고는 방송연기자를 조직대상으로 설립된 단위노동조합으로서 1988. 1. 21. 설립신고를 마쳤으며, 현재 탤런트, 성우, 코미디언, 무술연기자 등 4개 지부를 설치하여 조합원 약 4,386명이 가입하여 활동하고 있는데 탤런트 지부 소속 조합원이 2,500여 명으로 가장 많다.

On the other hand, there are the KBS Trade Union, the Korea Press Workers' KBS Headquarters, the KBS Public Trade Union, the Korea Press Workers' KBS Resource Management Bureau, the Korea Press Workers' KBS Resource Management Bureau, and the KBS Broadcasting Workers' Union.

The plaintiff in the process of applying for separation of bargaining units from April 9, 2012 to the same year.

8. Until September 17, 2012, the Intervenor and the Seoul Regional Labor Relations Commission applied for conciliation on August 23, 2012, but the said commission requested the implementation of procedures for the simplification of bargaining windows, thereby withdrawing the agreement on September 3, 2012.

Since then, on December 24, 2012, the Plaintiff demanded re-negotiations, but the Intervenor refused negotiations on the ground that it was under review of legal issues such as the simplification of windows. On January 10, 2013, the Plaintiff applied to Seoul Regional Labor Relations Commission for the division of the broadcast performers, who are union members of the Plaintiff, and other workers belonging to the Intervenor, into each negotiating unit, in conducting collective bargaining with the Intervenor.

On February 8, 2013, the Seoul Regional Labor Relations Commission rendered a decision of the first instance court of this case directly produces broadcast programs in a regular and regular manner by the Intervenor, and the broadcast performers, who are the members of the Plaintiff, are union members, for a certain period.