Section 3: Collective Industrial Relations
Chapter 2: Plural Labor Union
3. Public Notification of Negotiation Representative Labor Union Determination
3.1 Meaning of the Date on which the Negotiation Union is Determined as the Starting Date of the Negotiation Representative's Autonomous Determination Period
| Supreme Court Decision on February 18, 2016, Case 2014da11550 | |||||
| * Plaintiff, Respondent: National Metal Workers' Union
* Defendant, Appellant: ○○ Electronics Co., Ltd. 1. Facts a. The defendant is a company that produces motors for automobiles and employs 607 regular employees. The plaintiff is a national industry-wide labor union, with some of the defendant's employees as members. The ○○ Electronics Labor Union (hereinafter referred to as the 'nonparty union') is a labor union that organizes the defendant's employees and, after completing its labor union establishment registration around February 2012, has been operating as the defendant's labor union alongside the plaintiff. b. The plaintiff requested collective bargaining for the 2012 wage and collective agreement from the defendant on February 22, 2012. The defendant announced the plaintiff's request for collective bargaining from February 23, 2012, to March 2, 2012, specifying that other labor unions could request collective bargaining from February 23, 2012 (Friday) to March 2, 2012 (Friday). c. The nonparty union requested collective bargaining from the defendant on March 2, 2012. The defendant confirmed and announced both the plaintiff and the nonparty union as labor unions requesting collective bargaining from March 5, 2012, to March 12, 2012. d. On March 13, 2012, the defendant sent a notice titled "Guide to the Autonomous Determination Procedure of Bargaining Representative Labor Union and Request for Individual Bargaining" to the plaintiff and the nonparty union. The notice informed them that they should autonomously determine the bargaining representative labor union from March 13, 2012, to March 26, 2012, and that labor unions desiring individual bargaining within this period should apply in writing. The nonparty union requested individual bargaining from the defendant on March 21, 2012, and the defendant agreed to this request on March 23, 2012, and proceeded with individual bargaining. 2. Court Judgment a. The period for the autonomous determination of the bargaining representative is the time during which all labor unions participating in the unified bargaining procedure autonomously determine the bargaining representative labor union. Therefore, the names, representatives, number of members, and dates of bargaining requests of the labor unions requesting bargaining, which are prerequisites for participating in the decision-making process, must all be specified before the autonomous determination period begins. In light of the provisions of the Labor Union Act and its Enforcement Decree regulating the unified bargaining procedure, it is reasonable to interpret that the "date confirmed or determined in accordance with Article 145 of the Enforcement Decree," marking the start of the period for the autonomous determination of the bargaining representative, means the date when the procedure for confirming the labor unions requesting bargaining, as stipulated in Article 145 of the Enforcement Decree, is completed. Considering these points, the "date confirmed in accordance with Article 145 of the Enforcement Decree," which marks the start of the period for the autonomous determination of the bargaining representative, should be interpreted as the date when the announcement period expires if no labor union files an objection to the employer's announcement under Article 145(1) of the Enforcement Decree. If a labor union files an objection and the employer makes a revised announcement, it should be interpreted as the date when the revised announcement period expires. b. According to the reasoning and records of the original judgment, it is evident that the defendant, in accordance with Article 145(1) of the Enforcement Decree, announced the plaintiff and the nonparty union as labor unions requesting bargaining with an announcement period from March 5, 2012, to March 12, 2012. It is also evident that the plaintiff and the nonparty union did not file objections with the defendant during this announcement period as per Article 145(2) of the Enforcement Decree. Subsequently, the nonparty union requested individual bargaining from the defendant on March 21, 2012, and the defendant agreed to this request on March 23, 2012. Considering these facts in light of the aforementioned legal principles and regulations, the start date of the autonomous determination period for the bargaining representative should be viewed as March 12, 2012, the expiry date of the announcement period for the March 5, 2012, announcement. Therefore, the defendant's agreement to individual bargaining with the nonparty union on March 23, 2012, before the expiration of the 14-day period from the start date, should be considered valid. However, the original court judged that the start date of the autonomous determination period was March 5, 2012, the date of the defendant's announcement, and consequently determined that the defendant's agreement to individual bargaining with the nonparty union on March 23, 2012, was invalid. This misinterpretation of the legal principle regarding the start date of the autonomous determination period under Article 146(1) of the Enforcement Decree affected the judgment outcome, rendering the original court's decision erroneous. |
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