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(영문) 대구지방법원 2016.08.10 2015노1081
노동조합및노동관계조정법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding or legal doctrine 1) The process of simplification of bargaining windows (Article 29-2(1) of the Trade Union and Labor Relations Adjustment Act) is premised on the case where two or more labor unions are established in one workplace. E Union F Headquarters (hereinafter “F Headquarters”) was established from the time when it requested D Co., Ltd. (hereinafter “D”) to negotiate to around December 1, 201 until August 2013, since it was established in D’s M Union D branch (hereinafter “D”), and the FF Headquarters was not a representative trade union of D’s negotiating trade union.

Even if it is not so, the F Headquarters did not enter into a collective agreement with D until one year has passed since December 22, 2011, which was decided as a representative bargaining trade union, and thus, it lost the status of the representative bargaining trade union pursuant to Article 14-10 (3) of the Enforcement Decree of the Trade Union and Labor Relations Adjustment Act from December 22, 2012.

Although the F Headquarters entered into a wage agreement with D on January 8, 2013, it cannot be said that the F Headquarters maintains the status of a representative bargaining trade union based on the aforementioned wage agreement, since the F Headquarters entered into a contract after losing the status of the representative bargaining trade union and did not undergo the procedures for simplification of bargaining windows.

F headquarters and D have not gone through the procedures of simplification of bargaining windows even at the time when collective bargaining was commenced on May 31, 2013 by the first example and group negotiations were conducted by F headquarters and D. Thus, as long as D requires collective bargaining due to the formation of a number of labor unions who are a new number of union members in D, D must undergo the procedures of simplification of bargaining windows, and therefore, there is a justifiable reason to suspend collective bargaining with F headquarters for this reason.

Even if the F Headquarters was in the position of the representative trade union at the time of the start of the negotiation with D on May 31, 2013, it is so long as it demands the collective bargaining by creating a new multiple labor union in D during the process of collective bargaining.

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