logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.12.10 2014가합50428
단체협약 부존재 확인 등 청구
Text

1. The plaintiff's primary and conjunctive claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a medical corporation established under the Higher Education Act. The Plaintiff is a national industrial trade union composed of workers engaged in the healthcare industry, and B is the head of the Plaintiff’s University Hospital Branch (hereinafter “A University Hospital Branch”).

B. From April 8, 2014 to July 18, 2014, the Plaintiff conducted collective bargaining with the Defendant 11, but did not undergo such collective bargaining, the branch of Auniversity Hospital was affiliated with the strike on August 25, 2014.

On August 29, 2014, B entered into a collective agreement with the Defendant without notifying the Plaintiff’s members and the union members of the A University Hospital branch.

(hereinafter “instant collective agreement”). C.

On the other hand, among the rules of the plaintiff and the operating rules of the A University Hospital branch, the parts relating to this case are as follows.

[Rules of the National Health and Medical Service Industry Trade Union] Article 9 (Rules of Regional Headquarters and Branch Offices)

1. The Cooperative shall have regional headquarters and branches under its control for smooth performance of its services and efficient activities;

Provided, That the establishment of a regional headquarters shall be approved by the Central Committee in principle in the Metropolitan City/Do, and the establishment of a branch shall be approved by the Central Committee.

2. The regional headquarters and the branch offices shall be operated in accordance with the operational regulations as determined by the Cooperative, and the operational regulations and the operational regulations of the regional headquarters shall be approved by the Central Committee.

Article 54 (Power of Collective Negotiations) Representatives of all collective bargaining (including negotiations of essential business agreements) within a union shall be the chairperson.

Provided, That the chairperson may, if deemed necessary, delegate his/her right to negotiate by designating the head of the headquarters, the head of a chapter, or a specific person.

Article 55 (Right of Conclusion)

1. The collective agreement (including agreement on essential business) shall be concluded by the Chairperson;

2. Where the head of the delegated headquarters or branch office desires to conclude a collective agreement, he/she shall do so;

arrow