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1. The National Labor Relations Commission made an application for reexamination of unfair labor practices on March 14, 2018.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a company that employs approximately 1,300 full-time workers and engages in maternity, maternity, and the manufacturing and sales business of petrochemicals.
B A trade union (hereinafter “instant trade union”) was established on June 23, 2017 by around 30 business-level trade unions among the members of the Plaintiff’s headquarters established for organizing the office employees. On October 15, 2018, the Defendant Intervenor’s Intervenor’s assistant trade union, a nationwide industrial trade union, changed its organization to “C Trade Union D Branch Association” and dissolved on January 29, 2019.
B. On August 11, 2017, the instant trade union issued a warning to the effect that “the act of the Plaintiff posted the instant trade union on the bulletin board of the intra-company computer network to delete the phrase “the act of posting contents irrelevant to the business affairs on the bulletin board of the intra-company computer network” to the instant trade union constitutes grounds for disciplinary action, as it infringes the Plaintiff’s right to manage the facilities. ② The instant trade union’s act of blocking the receipt of “the act of sending the e-mail related to the instant trade union to the employees belonging to the Plaintiff head office using the external e-mail account” against “the act of sending the e-mail related to the instant trade union to the employees belonging to the Plaintiff head office using the external e-mail account”; ③ the instant trade union issued the warning to the effect that the act of infringing the Plaintiff’s right to manage the facilities, which constitutes grounds for disciplinary action, ④ monitoring and auditing the chairperson of the instant trade union for a long time, and the act of monitoring and supervising the instant trade union’s activities, such as the Plaintiff’s lawful act of joining the Plaintiff employees.”