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(영문) 서울행정법원 2016.06.16 2015구합83320
공정대표의무위반시정 재심판정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The details and details of the decision on reexamination and the defendant’s supplementary intervenor (hereinafter referred to as “participating”) is a company established on July 31, 1973 and employs 290 workers for the purpose of urban bus transportation and cross-city bus transportation.

The plaintiff is a national industrial trade union established on November 30, 2006 with workers engaged in the fields of public, transportation, and social services as its members. It has a high-speed branch of the bus branch in Seoul, Gyeonggi-do, and Gangseo-gu, and six participants were admitted as its members.

A trade union under the East Sea Accident Co., Ltd. (hereinafter referred to as the "Dong Sea Accident Trade Union") is a company-level trade union established on September 25, 1980 with 219 intervenor workers as its members.

On January 6, 2014, the Plaintiff requested the intervenors to conduct collective bargaining, and thereafter the procedures for simplification of bargaining windows have been initiated, which became a representative bargaining trade union.

On September 11, 2014, the Intervenor and the East Sea Trade Union concluded the wage agreement in 2014 and continued negotiations for concluding a collective agreement, and concluded a collective agreement on February 12, 2015.

On April 30, 2015, the Plaintiff filed an application for correction with the Gangwon Regional Labor Relations Commission on the ground that “Article 1, 10, 14(1), 27(2), and 56 subparag. 4, etc. of the collective agreement constitutes a violation of the duty of fair representation.” On July 7, 2015, the Gangwon Regional Labor Relations Commission cited the portion “Articles 10, 27(2), and 56 subparag. 4 of the collective agreement,” and rendered a decision to dismiss or dismiss the remainder.

On August 13, 2015, the Intervenor filed an application for reexamination on the part dismissed with the National Labor Relations Commission. On November 11, 2015, the National Labor Relations Commission revoked the part “Article 1 of the collective agreement” and rendered a decision dismissing the remaining application for reexamination.

(hereinafter referred to as “instant decision on review”). [The grounds for recognition] written in Gap 1, 3, and Eul 1, respectively.

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