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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 October 12, 2007 and is engaged in manufacturing business of kitchen equipment, sanitary disinfection equipment, etc. with 36 regular employees.
An intervenor is a person who entered the plaintiff on May 1, 2013 and performs overall control over personnel, labor, purchase, accounting, etc. as the head of the management support team.
B. On December 2015, part of the Plaintiff’s employees organized a branch of the Plaintiff’s company, which is a nationwide industrial trade union, as a superior organization, within the Plaintiff’s workplace.
(hereinafter referred to as the “instant trade union”) C.
On May 10, 2017, the Plaintiff, while attending the meeting of the Intervenor, held a personnel committee and decided to dismiss the Intervenor for the following reasons for disciplinary action. On the same day, the Plaintiff notified the Intervenor that the Intervenor was punished by dismissal as follows.
(hereinafter “instant dismissal”) On August 12, 2016, when examining text messages sent by D employees, who are union employees, to the representative director, the Intervenor was discussed in the name of the Intervenor by asserting the justification for the establishment of the labor union and not having a staff member who took a leading role in the establishment of the labor union.
The intervenor who is to represent the company's interests as the head of the management support team violated Article 81, Paragraph 4 of the Trade Union and Labor Relations Adjustment Act by participating in the establishment of a trade union and committing unfair labor practices.
(hereinafter referred to as “Disciplinary Reason 1”. On October 16, 2016, at the second 2nd o’clock office of the vice president on the vice president’s book, the Intervenor entered as a member to dismiss the Intervenor after the company had been dismissed, and the third party talked with the non-labor union members, and the third party has a high fact to record the content thereof. The vice president spreads false facts that “The vice president had entered the Plaintiff for the purpose of causing the loss to the Plaintiff and dismissed the E director,” and that “The vice president took meetings with the non-labor union members.”