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1. On October 22, 2014, the National Labor Relations Commission between the Plaintiff, the Korea International Airport Trade Union, and the Intervenor joining the Defendant.
Reasons
1. Details of the decision on retrial;
A. The Plaintiff is a company established on April 16, 1985 and engaged in transportation business, lease service business, travel agency business, etc.
An intervenor is a national industrial trade union established on November 3, 2006 on the organization of workers engaged in the public sector and the transportation sector.
On September 21, 2011, the Intervenor organized the Korean Dom Airport Branch (hereinafter “instant Branch”) as a subordinate organization of the Intervenor at the Plaintiff’s workplace, and part of the workers working at the Plaintiff’s workplace are members of the instant Branch.
Meanwhile, in addition to the instant branch, the Plaintiff’s workplace has a business unit trade union in the name of “Korea Airport Trade Union established on September 19, 1990” (hereinafter “Korea Airport Trade Union”) established on September 19, 199.
B. On November 2013, the Intervenor and the Korea High Airport Trade Union demanded the Plaintiff to conduct collective bargaining, respectively, in November 2013.
Accordingly, the procedures for simplification of bargaining windows pursuant to Article 29(2) of the Trade Union and Labor Relations Adjustment Act (hereinafter “Trade Union Act”) were initiated, and on December 5, 2013, Korea-do Airport Trade Union, which is a major trade union, became final and conclusive as a representative bargaining trade union.
(A) At the time of requesting collective bargaining as above, the Intervenor’s members were 17 members and 140 members of the Korea Airport Trade Union among the Plaintiff’s employees (hereinafter “instant collective agreement”). The Korea Provincial Airport Trade Union concluded a collective agreement on February 27, 2014 (hereinafter “instant collective agreement”) from around December 5, 2013 to conduct collective bargaining several times with the Plaintiff, and the part relating to the instant case is as follows.
Article 7 (Persons Exempted from Working Hours) The Company shall actively cooperate with the president so as not to impede the activities of the Association.
A company shall have a person exempted from working hours without any loss of wages within the extent not exceeding the limit of working hours under Article 24 (4) of the Trade Union Adjustment Act.
A person who has been exempted from working hours shall be grass.