교섭단위의 분리에 관한 법적 쟁점의 고찰

Abstract

According to Trade Union and Labor Relations Adjustment Act, in case plural trade unions exist in an enterprise or workplace, the bargaining unit signifies the unit to determine the bargaining representative union, and appears as the enterprise or workplace(Art. 29-3 paragraph 1). The principal point is that bargaining unit can be divided by the Labor Relations Commission at the request of either or both of the parties to the labor relationship, when the legal conditions of the determination of bargaining unit division are fulfilled(Art. 29-3, paragraph 2 of the Act). The legal conditions are considerations of remarkable disparity of working conditions, employment status, bargaining practices, etc., and necessities of division of the bargaining unit. But we face many questions of interpretation of the rules relating to the bargaining unit division as follows :“Is it permitted for the social partners to divide autonomously the bargaining unit without requesting the Labor Relations Commission about that?”,“What are the exact legal conditions of the determination of bargaining unit division?”“Is it impossible for the Commission to determine the reversion to the past bargaining unit?”“Under the Procedure of Single Bargaining Channel, could the bargaining representative union represent not only union members' interests but also non-union workers' interests?”These questions are dealt with in this report specially in comparison with the legal systems of USA and France. USA has also appropriate bargaining unit system and US National Labor Relations Board has determined many appropriate bargaining unit. France is one of the countries which have the legal system of collective negotiation and collective conventions in the level of the enterprise under the pluralism of trade unions. On the other hand, some cases of division of bargaining unit determined by Korean Labor Relations Commission are introduced in this report and analysed on the ground of the relevant rules.