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(영문) 대전지방법원 2015.07.23 2015구합488
과반수노동조합재심결정취소
Text

1. On January 14, 2015, the National Labor Relations Commission joined B-C between the Plaintiff, the Intervenor (A branch) and the Company A.

Reasons

1. Details of the decision on retrial;

A. A Co., Ltd. (hereinafter “A”) was established on January 1, 2008 and employs approximately 30 full-time workers and operates a village bus transportation business. The Plaintiff (hereinafter “Plaintiff’s union”) is a regional trade union established on September 20, 1996 for workers engaged in the village bus transportation business, etc. in Busan, and the Intervenor’s Intervenor (hereinafter “ Intervenor”) was established on November 30, 2006 for workers engaged in the village bus transportation business, etc., a nationwide-level industrial trade union established on November 30, 2006 for workers engaged in the village bus transportation business, etc., and the Intervenor’s Intervenor (hereinafter “ Intervenor’s branch”).

On the other hand, A trade union is a company-level trade union established on July 15, 2014 for workers of A.

B. From October 1, 2014, A followed the procedures for simplification of bargaining windows prescribed in Article 29-2 of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”). On October 21, 2014, the trade union requesting bargaining confirmed that it is the Plaintiff’s union and the Intervenor, made a public announcement for five days thereafter, and then announced that the Plaintiff’s union is a majority trade union in the workplace from November 10 to November 17, 2014.

C. On November 11, 2014, the Intervenor filed an objection with the Busan Regional Labor Relations Commission (hereinafter “Seoul Regional Labor Relations Commission”) against a majority trade union on the ground that the Plaintiff’s union was not a major trade union, and the Busan Regional Labor Relations Commission determined on December 1, 201 as follows.

1. The intervenor's objection against a majority trade union is dismissed;

2. There is no major trade union in the negotiation unit of this case.

Plaintiff

The Trade Union, the Intervenor, and A were dissatisfied with the above determination of the Busan Labor Relations Commission and filed an objection with the National Labor Relations Commission to review a major trade union, and the National Labor Relations Commission (hereinafter “instant review decision”) on January 14, 2015.

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