On April 12, 2017, the National Labor Relations Commission violated the duty of fair representation in the Central 2017 Fair 2-4/Mano19 (Joint).

1. Causes and contents of the decision in the retrial;

A. The Plaintiff (hereinafter “Plaintiff trade union”) is an industrial trade union established for the organization of workers engaged in the field of metal industry, and its superior organization is C.

Plaintiff

From November 27, 2014, a trade union has set up a branch in B to the Intervenor joining the Defendant (hereinafter “ Intervenor”) and approximately 310 workers belonging to the Intervenor company belong to the said branch.

B. The Intervenor Company is a company that ordinarily employs approximately 6,920 workers and engages in the manufacture and sale of cars, tubes, etc. at Daejeon Factory, Geumsan Factory, Central Research Institute, etc.

C. A trade union is a company-level trade union consisting of a superior organization D, and approximately 4,150 workers belonging to the intervenor company belongs to the intervenor company.

On November 4, 2015, the representative bargaining trade union of this case was decided as the representative bargaining trade union at the bargaining unit of the intervenor company.

From June 14, 2016 to July 18, 2016, the Intervenor Company and the representative bargaining trade union of this case conducted collective bargaining to conclude a collective agreement in 2016, and concluded a collective agreement in 2016 on August 9, 2016, and drafted a “agreement on wage adjustment and renewal of a collective agreement.”

(hereinafter referred to as “collective agreement in 2016”). (e)

Plaintiff

On November 7, 2016, the trade union violated the duty of fair representation because it did not gather the opinion of the Plaintiff trade union in the course of collective bargaining to conclude collective bargaining agreements in 2016 and did not provide the Plaintiff trade union with information on collective bargaining.

In the process of concluding and implementing collective agreements in 2016, the Intervenor Company and the representative bargaining trade union violated the duty of fair representation by failing to provide the office and bulletin board of the Plaintiff trade union with the limit of exemption from working hours and full-time officer of the trade union.

The Intervenor Company and the instant case.