MOEL Interpretation

Labor Union Act

Single Bargaining Channel (for Multiple Unions)


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157 Records
157.If, after July 1, 2011, the employer agreed to a bargaining request from another union before the expiration of the existing wage and collective agreement, is it possible to proceed with the negotiation channel unification? After the negotiation channel unification procedure is completed and the representative union is confirmed, is wage and collective agreement bargaining possible?
156.After the negotiation representative union has been decided, can a newly established or newly joined labor union participate in the negotiation channel unification procedure?
155.After the negotiation request announcement period (July 1–8, 202X) and the negotiation request labor union confirmation announcement period (July 9–14, 202X) have passed, can a new labor union that received its establishment certificate on July 18, 202X participate in the negotiation channel unification procedure?
154.Facts: Union established on April 12, 2011 Preliminary agreement signed on May 6, 2011 About 10 rounds of negotiations held (without conducting negotiation channel unification procedure) Some agreements signed and implemented by both labor and management ※ Preliminary agreement (May 6, 2011): Some agreed items during negotiations take effect immediately upon signing. ※ Progress of agreement: May 19 (20 articles), June 9 (11 articles), June 20 (8 articles), July 21 (20 articles), August 16 (4 articles), August 26 (6 articles), September 22 (4 articles) Currently, some items such as provision of office space for the local branch and children’s tuition support remain unresolved. Among some union members (12 out of 14), a second union was established within the workplace on January 4, 2012. Questions: Although the collective agreement has not been fully finalized, some agreed provisions are being applied as a collective agreement. If the second union requests negotiations for concluding a collective agreement after its establishment, must the negotiation channel unification procedure be conducted again? If the negotiation channel unification procedure is conducted, are the provisions of the existing partial collective agreement agreed upon with the first union still valid?
153.Facts At Workplace A, since before December 31, 2009, there have been two labor unions organized by occupational category (e.g., production workers and office workers) within the same workplace, both existing as branches of the same supra-enterprise (industrial) union. Separate from industry-level bargaining, the employer has conducted bargaining individually with each union and has concluded separate collective agreements on wages and working conditions, each with different terms of validity. From when does the system of unifying the bargaining channel (교섭창구 단일화) apply to the workplace? In the above situation, do the two branches (unions) fall under the requirement for unified bargaining channels?
152.Facts The branch of Union A (an industrial union) requested bargaining with the company several times between October 29, 2008 and January 15, 2010, in order to conclude a collective wage agreement. The employer, however, refused to bargain, citing the existence of an existing union (Union B). In response, the branch of Union A filed for a provisional disposition ordering acceptance of collective bargaining, and on March 23, 2010, such disposition was granted. In this case, should the application of bargaining channel unification be considered effective from July 1, 2011, or from July 1, 2012?
151.Facts Company A and Company B were merged into Company A as of July 1, 2011. Company A had an enterprise-level union, and a collective agreement was already concluded, valid until the end of December 2012. Company B, at the end of January 2011 (just before the merger), established a labor union (a branch of an industrial union). In anticipation of the merger, no formal collective agreement was concluded; instead, only a “labor-management relations agreement” guaranteeing union activities was signed, with the understanding that a formal collective agreement would be negotiated after the merger. After the merger, if Company B’s union (branch) requests collective bargaining with the employer, is it required to undergo bargaining channel unification?
150.Facts Company 甲 (A Co.) operated under a single-union system (enterprise-level union). On July 24, 2011, it completed the bargaining channel unification procedure, and as a result, Union A was designated the bargaining representative union. On November 1, 2011, Company 甲 absorbed Company 乙 (Z Co.). Company 乙 had Union B (also a single-union workplace), but had not undergone any bargaining channel unification procedure. On January 1, 2012 (planned), Company 甲 was to absorb Company 丙. Company 丙 had Union C (a single-union workplace), but likewise had not undergone any bargaining channel unification procedure. The respective collective agreements and wage agreements of each company were as follows: Company Merger Date Collective Agreement Validity Wage Agreement Validity Notes 甲 (A) - Jan 1, 2011 – Dec 31, 2012 Mar 1, 2011 – Feb 28, 2012 Union A (majority union) 乙 (Z) Nov 1, 2011 Apr 20, 2011 – Apr 19, 2013 Jan 1, 2011 – Dec 31, 2011 Union B (majority union) 丙 (C) Jan 1, 2012 (planned) Jan 1, 2011 – Dec 31, 2012 Mar 1, 2011 – Feb 28, 2012 Union C (not a majority union) Questions: Until when can Union A of Company 甲 maintain its status as the bargaining representative union? If Union A does not hold the status of bargaining representative union for employees of the merged companies (Z and C), can it at least be considered to maintain such status with respect to its own employees? When should the next bargaining channel unification procedure commence?
149.In a workplace where two branches of the same industrial union exist, demands for both central bargaining (in the name of the industrial union) and branch-level bargaining were submitted. ― If the employer immediately notifies the industrial union that it will not participate in either central bargaining or branch-level bargaining, thereby clearly expressing its refusal to bargain, must the bargaining channel unification procedure nevertheless be carried out on the grounds that a bargaining demand has been made by the union?
148.Facts ― The collective agreement was concluded before June 30, 2011, and the wage agreement was concluded on July 10, 2011. ― On August 1, 2011, the union requested revisions to parts of the wage agreement, and following negotiations between labor and management, the agreement was amended on September 9, 2011. ― On July 18, 2011, a new union was established. Questions: Can the existing union amend the above wage agreement? Can the bargaining representative union, determined through the bargaining channel unification procedure, amend the wage agreement?
147.If the validity period of a wage agreement concluded by an existing union expires on December 31, 2011, and a new union is established in mid-August (i.e., three months before the expiration date), then when the existing union seeks to conclude a supplementary agreement based on the existing collective agreement (wage agreement), the question is: who is the proper party to conclude the supplementary negotiations—the bargaining representative union or the existing union?
146.Facts The A Employers’ Council has annually received individual authorizations from its member companies regarding collective bargaining and agreement conclusion in order to conduct industry-level central bargaining with the B Industry Union. The bargaining method between the A Council and B Union has taken the form of industry-level unified bargaining. If a member company of the A Council receives a request from the B Union to engage in 2012 central bargaining, then: • Given that the bargaining channel unification procedure applies at the level of “business or workplace,” must the procedure also be followed in the case of industry-level central bargaining or branch-level collective bargaining? • If the bargaining channel unification procedure must be followed, should the member companies of the A Council delegate authority for central bargaining and agreement conclusion to the A Council only after the B Union has been confirmed as the bargaining representative union? • If it is evident that there is only one union in a member company of the A Council, must the bargaining channel unification procedure still be followed? • If a member company of the A Council concludes a collective agreement (industry-level central agreement, branch agreement, or supplementary branch agreement) with the B Union without going through the bargaining channel unification procedure (including public notice of bargaining requests, etc.), will that collective agreement still be valid? • If some member companies of the A Council proceeded with bargaining with the B Union without undergoing the bargaining channel unification procedure, and the B Union then collectively filed labor dispute mediation applications with the National Labor Relations Commission and the Regional Labor Relations Commission, and the commissions issued dismissals or administrative guidance decisions due to noncompliance with the bargaining channel unification procedure, and thereafter the B Union went on strike, could such a strike be recognized as a lawful industrial action?
145.In a single business (workplace) where two branches of the same industrial union exist and each branch makes overlapping bargaining demands, if the employer insists on “one company, one bargaining” and refuses to engage in separate bargaining, would this constitute an unfair labor practice? If bargaining is delayed, can the employer, by applying the single bargaining channel unification procedure by analogy, proceed with collective bargaining only with the branch to which a majority of the total union members belong? In a workplace where there is only a single union at the company level, but the employer cannot apply the “single bargaining channel unification procedure,” are there any methods or procedures the employer can take to establish a single bargaining delegation body or designate a bargaining representative?
144.― The existing union, Union A, had already been established, and Union B was established on April 26, 2012. ― Union A requested collective bargaining on February 17, 2012, but the employer did not publicize the fact of the bargaining request, and Union A did not file a separate objection. ― Union A subsequently requested collective bargaining again on April 23, 2012. ― From April 26, 2012, the employer publicized the bargaining request for 7 days and confirmed Union A and Union B as bargaining-requesting unions. ― In response, Union A argued to the Labor Relations Commission that although the first bargaining request date was February 17, 2012, the employer had incorrectly announced it as April 23, 2012 and filed an objection. ― The Labor Relations Commission acknowledged the incorrect announcement of the first bargaining request date and decided that upon receiving the decision document, the employer should correct the first request date to February 17, 2012 and re-publicize it for 5 days throughout the workplace. ― On June 1, 2012, the employer carried out a re-publication confirming the bargaining-participating unions, including Union B. ― Union A claimed that, based on the original bargaining request date of February 17, 2012, Union B did not exist at that time and therefore could not participate in bargaining, filing an objection to management on June 4, 2012. Questions: At the time of the initial bargaining request on February 17, 2012, Union B did not exist. Can a subsequently established Union B participate in the single bargaining channel procedure? After a union is confirmed as a bargaining-requesting union, if the employer agrees to individual bargaining within 14 days, is it possible to conduct individual bargaining with Union B?
143.Facts: ― The existing union has 180 members, and after the implementation of the multi-union system on July 1, 2011, the newly established union has 165 members. ― The new union is requesting from the employer that the time-off (Time-off) quota be shared with the existing union and that the union office space be divided so that both unions can use it jointly. Questions: Can the newly established union, citing the legal amendment (implementation of the multi-union system), request the employer to conclude a supplementary agreement for sharing the time-off quota and securing divided office space, and demand collective bargaining for this purpose? If such a supplementary agreement must be concluded, is it necessary to go through the single bargaining channel procedure in order to conduct bargaining?
142.If neither Union A nor Union B files an objection with the Labor Relations Commission regarding the single bargaining channel, can the employer file an objection with the Labor Relations Commission?
141.1. Does a collective agreement concluded by a union that did not participate in the single bargaining channel procedure remain effective during its validity period? 2. Even if the collective agreement concluded by the bargaining representative union meets the general binding requirements at the workplace level under Article 32, Paragraph 1 of the **Labor Union and Labor Relations Adjustment Act**, does the collective agreement of a union that did not participate in the single bargaining channel procedure remain effective?
140.When calculating the public notice period for a bargaining request, should Saturdays or public holidays be included or excluded?
139.1. If a labor union submitted a bargaining request on **February 22, 2012**, what are the notice period for the fact of the bargaining request and the confirmation notice period for the bargaining-requesting union? 2. If a labor union submitted a bargaining request at **24:00 on February 24, 2012**, is the bargaining request date **February 24, 2012**, or **February 25, 2012**? ― If the bargaining request date is February 25, which falls on a Saturday holiday, should the date be considered as **February 27, 2012**? 3. If a labor union submitted a bargaining request on **February 22, 2012**, but the employer did not announce the request the next day and, after internal approval, publicly announced the request starting **February 24, 2012**, what is the starting date of the notice period?
138.If Union A omitted required information in the bargaining request form under Article 10-2 of the Rules for the Enforcement of the Labor Union and Labor Relations Adjustment Act, should the original bargaining request date of July 11, 2011 be recognized as the bargaining request date, or should the date on which Union A supplemented the missing information in response to the employer’s request be considered the bargaining request date, and the single bargaining channel procedure be initiated from that date?
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