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 140 full-time workers.

An intervenor is an industrial trade union organized for workers engaged in transportation business, etc., and its affiliated therewith establishes a Seongbuk bus sub-committee comprised of the plaintiff's workers (hereinafter referred to as the "sub-committee of the intervenor").

The National Automobile Trade Union of 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 the Seongbuk Bus Branch comprised of the plaintiff's workers under its control.

The Seongbuk bus trade union is an enterprise-level trade union organized for the plaintiff's workers.

B. On June 5, 2014, the Intervenor’s branch, the Seongbuk-gu branch of the Incheon Regional Community Workers’ Union, and the Seongbuk-gu Bus Workers’ Union (hereinafter “Trade Union Act”) pursuant to Article 29-2 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) set the Seongbuk-gu branch of the Incheon Regional Community Workers’ Union as the representative bargaining trade union, following the procedures for simplification of bargaining windows (25 members of the Intervenor’s branch at the time of a request for collective bargaining, the number of members of the Intervenor’s branch, 82 members of the Incheon Regional Community Workers’ Union, and 32 members of the Seongbuk Local Community Workers’ Union).

C. The Plaintiff and the Seongbuk-gu Seoul Regional Workers’ Union agreed to grant exemption from working hours of 2,717 hours a year to the Seongbuk-gu branch of the Incheon Regional Workers’ Union, a representative bargaining trade union.

The intervenor alleged that it was a violation of the duty of fair representation by the Seongbuk-gu branch of the Plaintiff and the Incheon Regional Workers' Union not allowing the Intervenor to be exempted from working hours at the Intervenor's branch, and applied for correction to the Incheon Regional Labor Relations Commission on November 17, 2014. The Incheon Regional Labor Relations Commission did not recognize the Intervenor's exemption from working hours at the Intervenor's branch on January 13, 2015.