공정대표의무위반구제 재심판정 취소
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. Details of the decision on retrial;
A. The Plaintiff is a company that runs passenger transport business using 110 full-time workers.
An intervenor is an industrial trade union organized for workers engaged in transportation business, etc., and has a part-time transportation branch consisting of the plaintiff's workers (hereinafter referred to as "the intervenor's part-time branch").
The National Motor Vehicle Trade Union Federation Incheon Regional Trade Union (hereinafter referred to as the "Incheon Regional Trade Union") is a regional trade union organized for workers engaged in transportation business in Incheon, and has a sub-regional transportation branch consisting of the plaintiff's workers.
The secondary transportation trade union is an enterprise-level trade union organized for the plaintiff's workers.
B. On June 5, 2014, the Intervenor’s branch, the Japanese branch of the Incheon Regional Transport Workers’ Union, and the Japanese Air Transport Workers’ Union established the negotiating trade union of the Incheon Regional Trade Union as the representative bargaining trade union, following the procedures for simplification of bargaining windows pursuant to Article 29-2 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”). (In the event of a request for collective bargaining, the number of union members of the Intervenor’s branch, the number of union members of the Incheon Regional Transport Union’s branch, the number of union members of the Incheon Regional Transport Union, and the number of union members of the Japanese Air Transport Union was 14).
C. The Plaintiff and the vice-party branch of the Incheon Regional Trade Union agreed to recognize the exemption from working hours of 2,717 hours per year only at the vice-party of the Incheon Regional Trade Union, a representative bargaining trade union.
The Intervenor asserted that it was a violation of the obligation of fair representation by the Plaintiff and the Incheon Regional Labor Union’s Ministry of Transport and Maritime Affairs did not recognize the Plaintiff’s exemption from working hours to the Intervenor’s branch, and applied for correction to the Incheon Regional Labor Relations Commission on December 30, 2014. On February 24, 2015, the Incheon Regional Labor Relations Commission did not recognize the Intervenor’s exemption from working hours to the Intervenor’s branch.