MOEL Interpretation

Labor Union Act

Collective Bargaining and Collective Agreement


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275 Records
275.Article 29(1) of the Labor Union Act provides that an employers’ organization may negotiate with a labor union and conclude a collective agreement. Inquiry 1) What constitutes an employers’ organization capable of concluding a collective agreement with a labor union? Inquiry 2) Must such an employers’ organization obtain legal personality by approval of the Minister of Employment and Labor?
274.Inquiry 1) Can the Director of the University Dormitory of △△ National University be a party to collective bargaining? Inquiry 2) If the Director cannot be a party, does the existing collective agreement lose its effect, resulting in a de facto non‑agreement state?
273.Under Article 11 of the Special Education Act for Persons with Disabilities, each Metropolitan/Provincial Superintendent establishes Special Education Support Centers at subordinate Offices of Education Support. Each center employs 3–4 contract‑based dedicated specialists (e.g., social workers, rehabilitation therapists, music therapists) through recruitment notices issued by the Office of Education Support, and these specialists enter into employment contracts with the Director of Education or the Director of the Education Bureau by delegation. They hold qualifications in social work, rehabilitation therapy, music therapy, etc., and perform related duties. To improve their working conditions, they intend to request collective bargaining. Inquiry 1) Who is the appropriate employer party for collective bargaining? Do the Director of the Office of Education Support or the Director of the Education Bureau qualify as bargaining counterparts?
272.△△ Co. has an in‑house subcontractors’ union composed of in‑house subcontracted workers. The in‑house subcontractors’ union demanded collective bargaining with the principal employer regarding working conditions, welfare, and other matters. The principal employer has refused, claiming it has no subordinate employment relationship with the in‑house subcontracted workers. The subcontractor has likewise refused fundamental negotiations, stating it has no authority over core issues, although it can discuss wages and details. Which party is obligated to engage in collective bargaining with the in‑house subcontractors’ union?
271.When 13 non‑regular workers, excluded from the regular workers’ union of △△ Corporation, join a multi‑enterprise union and that union demands collective bargaining with △△ Corporation, and after most withdraw only one member remains, must the employer respond to the union’s demand?
270.Recently the union amended its bylaws relating to conclusion of collective agreements as follows, and the company demands that they be revised as illegal. Before amendment Article 42 (Conclusion of Collective Agreement) The draft collective agreement shall be finalized as the union’s proposal by resolution of the delegate meeting, and bargaining shall be based on this; the final authority to conclude the collective agreement shall rest with the Chairperson. After amendment Article 43 (Conclusion of Collective Agreement) The draft collective agreement shall be finalized as the union’s proposal by resolution of the delegate meeting, and bargaining shall be based on this; matters agreed in respect of wages and the collective agreement shall, after obtaining approval by a majority of the delegate meeting, be concluded by the Chairperson. Inquiry 1) Does the above amendment violate Article 29 of the Labor Union Act (Authority to Bargain and Conclude)? Inquiry 2) If the amended bylaw places actual conclusion authority not with the union representative but with the delegate meeting, can the employer refuse the union’s bargaining request on the grounds that the representative is merely a bargaining party?
269.The collective agreement stipulates, “When replacing an existing agreement with a new one, all labor and management bargaining committee members shall sign and seal it.” Upon renewing the existing agreement, if only the representatives of both labor and management, rather than all bargaining committee members, sign and seal, does the agreement have effect as a collective agreement?
268.The current Chairperson was elected in a by‑election with a term ending August 31, 2001. Collective bargaining for the 2001 wage and collective agreement is underway but unlikely to conclude before the Chairperson’s term expires. To complete negotiations, the union plans to form an Emergency Countermeasures Committee composed of the current officers, delegate bargaining and concluding authority to it at a general membership meeting, continue negotiations with the employer, and hold officer elections after agreement is reached. Inquiry 1) If the current executive board forms an Emergency Countermeasures Committee and receives delegated bargaining and concluding authority at a membership meeting after term expiration, does this effectively extend their terms, and is it lawful? Inquiry 2) If the Emergency Countermeasures Committee is composed of the current officers and is to receive delegated bargaining and concluding authority, must the membership meeting meet the ordinary resolution threshold (majority of members present) or the special resolution threshold (two‑thirds of members present)?
267.An industrial union, to streamline the delegation process and perform its duties efficiently, proposes by bylaw to vest bargaining and conclusion authority not individually by the union representative but in the regional headquarters overseeing each branch. Inquiry 1) Does this violate Article 29(1) of the Labor Union Act? Inquiry 2) If the regional headquarters secured authority under the bylaw, can it re‑delegate that authority to the branch chairpersons, and what is the effect of such re‑delegation?
266.Under former Article 33(2) of the old Labor Union Act, a unit union could delegate bargaining authority to a federation labor union by resolution of the general meeting (delegate meeting). That provision has been deleted in the current Act. If the bylaws provide that the Chairperson may delegate bargaining authority to a higher‑level organization when necessary, can the Chairperson decide to delegate bargaining authority without a general meeting resolution, on the basis that the general meeting has effectively already approved such delegation? ※ Bylaw Article 54 (Collective Bargaining): The representative for the union’s collective bargaining shall be the Chairperson. However, under Article 29(2) of the Labor Union and Labor Relations Adjustment Act, the Chairperson may, when necessary, delegate the bargaining representation right to a higher‑level organization or conduct joint bargaining.
265.After the △△ Regional Taxi Union delegated its bargaining and concluding authority to its federation and did not revoke that delegation, the union concluded a wage agreement. Does that wage agreement have legal effect?
264.Article 8 (Union Activities) of our collective agreement provides “General meeting 8 hours / once a year.” If there is a dispute between labor and management over the interpretation of this provision, how should it be resolved? What criteria determine the classification of a collective agreement’s provisions into normative parts and obligatory parts?
263.In collective bargaining for renewal of the collective agreement, can the employer present a revision proposal that is less favorable than the existing agreement? The union argues that bargaining proposals are a right guaranteed to the union and that the employer cannot present a proposal.
262.The company is under court‑ordered restructuring due to financial distress, and a foreign firm seeks to acquire the company’s shares. The union, concerned about potential adjustments to employment, has demanded collective bargaining on matters related to the M\&A. Must the company respond to the union’s demand for collective bargaining?
261.Among the union’s proposed amendments to collective bargaining demands, those matters considered inherent management prerogatives of the employer—‘adjustment of the authority approval system, store openings･department consolidations/closures, reduction of foreign employees･increase in domestic employee ratio’—are these matters subject to collective bargaining?
260.Inquiry 1) If a company transfers its management rights without the union’s consent, must it obtain the union’s agreement for aspects related to terms and conditions of employment at the time of transfer? Inquiry 2) If a company relocates to another region, must it obtain the union’s consent?
259.During the effective period of the collective agreement, the company and the union conducted supplementary bargaining to change business hours and drafted an “Agreement on Normalization of Working Hours and Change of Business Hours,” which both parties signed and sealed, attaching the meeting minutes as an annex: - Agreement on Normalization of Working Hours and Change of Business Hours – The ○○ Union and management agree to strengthen ○○ industry competitiveness by changing financial institution business hours to 09:00–16:00 from ○ Year ○ Month ○ Day. (Details recorded in the minutes) - Meeting Minutes on Normalization of Working Hours and Change of Business Hours – Union: Requests confirmation that business hours will not be unilaterally changed without branch‑level agreement. Management: Confirmed, but seeks to clarify intent. Union: Intends to implement the change after thorough branch‑level preparation by the deadline. Management: Agrees and confirms. In this case, can the meeting minutes themselves be regarded as a collective agreement?
258.Facts: The company and the union began preliminary meetings on July 25, 2007 for 2007 wage and collective agreement negotiations and have held collective bargaining twice weekly. On January 10, 2008 they concluded a “Temporary Agreement” specifying bargaining frequency (twice weekly), bargaining days (Tuesday and Thursday), and treatment of bargaining committee members (work‐time accommodations for participation until conclusion, except during labor disputes). The company gave notice of termination of the existing collective agreement on June 8, 2009, and the agreement terminated on December 8, 2009. Inquiry 1) Does the Temporary Agreement constitute a collective agreement? Inquiry 2) If it is a collective agreement, and as an “obligatory part,” does it lose effect from December 9, 2009? Inquiry 3) If it is not a collective agreement, and the union refuses proposed changes to bargaining committee size, bargaining frequency, or member treatment, would the employer’s unilateral changes constitute an unfair labor practice?
257.Facts: Since 2006, the company and the union have customarily deemed a “Provisional Collective Agreement” effective only if it is first approved by the delegate meeting and then confirmed by the general membership meeting. On June 23, 2011, the employer’s representative (Chief Executive Officer) and the union’s representative (Union Chairperson) reached agreement in collective bargaining and signed and sealed a document titled “Provisional Collective Agreement.” The union delegate meeting then rejected this provisional agreement and has requested renegotiation, arguing it cannot be recognized as a valid collective agreement. In this situation, if a “Provisional Collective Agreement” is rejected by the delegate meeting, can it nevertheless be considered a valid collective agreement?
256.If the parties to a collective agreement fail to report a concluded agreement, how should administrative fines be imposed on the labor and management parties?
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