MOEL Interpretation

Labor Union Act

Teachers’ Union Act


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81 Records
81.Are supervisors and education supervisors, classified as educational professionals under the 「Educational Officials Act」, eligible to join a teachers’ union?
80.Do fixed-term teachers appointed pursuant to Article 32 of the 「Educational Officials Act」 and Article 54-4 of the 「Private School Act」 fall under the definition of “teacher” as stipulated in Article 2 of the 「Act on the Establishment and Operation, etc. of Trade Unions for Teachers」 (hereinafter “Teachers’ Union Act”)?
79.Are fixed-term part-time teachers working in kindergarten after-school programs eligible to join a teachers’ union under the 「Act on the Establishment and Operation, etc. of Trade Unions for Teachers」?
78.Do teachers working at lifelong education facilities accredited for academic recognition under the Lifelong Education Act (hereinafter “Accredited Lifelong Education Facilities”) fall under the category of teachers defined in Article 19(1) of the 「Elementary and Secondary Education Act」? If they are not considered teachers under the Elementary and Secondary Education Act, does the latter part of Article 31(3) of the Lifelong Education Act stipulate that the provisions regarding the service, etc., of teachers at national and public schools are to be applied mutatis mutandis?
77.Among faculty and staff at schools under school foundations (operators of private schools), are principals, vice principals, and administrative directors who are responsible for handling and overseeing matters such as personnel, service, and welfare of teachers included in the definition of “employer”?
76.Since teachers holding administrative positions at schools assist or act on behalf of principals and vice principals in performing their key duties, are they considered to be acting on behalf of the employer under Article 2(4)(a) of the 「Trade Union and Labor Relations Adjustment Act」 and therefore restricted from joining a teachers’ union?
75.If a current teacher who is a member of a teachers’ union applies for union official status in order to serve as an officer in a private higher-level organization (such as ○○ Federation of Trade Unions), may the appointing authority (e.g., the school principal or superintendent) grant approval for such union official status?
74.If sub-organizations of teachers’ unions established and operated at individual school units use separate names such as “branch” and engage in union activities, does this constitute a violation of the Teachers’ Union Act?
73.If the branch head of the △△ branch of the ○○ Teachers’ Union, which is not organized as a provincial-level union, is delegated bargaining authority by the president of the ○○ Teachers’ Union and demands collective bargaining with the superintendent of △△ City Office of Education, is there an obligation to respond? (Currently, the △△ branch of the ○○ Teachers’ Union is not separately organized.)
72.What procedures are required if the △△ Teachers’ Union, which was initially registered as a federation-type union, intends to change its organizational form to a national-level union?
71.Can private school teachers, teachers’ unions, or teachers’ organizations engage in campaigns supporting or opposing a referendum or its agenda?
70.Is it permissible under the Teachers’ Union Act for kindergarten, elementary, and secondary school teachers to establish and operate separate teachers’ unions at the level of each individual school?
69.Under Article 2(3) of the Teachers’ Union Act, can university faculty members (hereinafter “university faculty”) establish a labor union at the college (departmental) level within an individual university pursuant to Article 4(2) of the same Act?
68.At a private university where two labor unions exist—A Labor Union composed of staff members subject to the application of the 「Labor Union and Labor Relations Adjustment Act」 (hereinafter “Labor Union Act”) and B Labor Union composed of university faculty members subject to the application of the 「Act on the Establishment and Operation of Teachers’ Unions」 (hereinafter “Teachers’ Union Act”)—are the two unions required to unify their bargaining channels in order to conduct collective bargaining?
67.Is a teachers’ union affiliated with a medical school required to undergo a single bargaining channel procedure with other teachers’ unions within the same university? Additionally, if a collective agreement has already been concluded by another university-level teachers’ union, does this prevent the medical school’s teachers’ union or any other teachers’ union from requesting collective bargaining?
66. * Under Article 6(1)(2) of the 「Act on the Establishment and Operation of Teachers’ Unions」 (hereinafter “Teachers’ Union Act”), may the Minister of Education, provincial governors, superintendents of education, heads of national or public universities, or founders/operators of private universities choose to bargain individually? * If the bargaining unions fail to agree autonomously on the appointment of bargaining representatives, does a union with less than 10% of total membership lose its eligibility to appoint even a single bargaining representative? * If unions each having less than 10% of the total membership join together to reach 10% or more, can they appoint bargaining representatives without the consent of other bargaining unions?
65.In order to conduct collective bargaining more efficiently, may a private school corporation divide bargaining units into subgroups such as by region, academic/vocational track, middle/high school foundation, or religious/non-religious affiliation when negotiating with a teachers’ union?
64. * If the employer requests single bargaining channel unification, are labor unions still permitted to bypass the unification procedure? * When multiple bargaining unions are involved, can a union begin negotiations by unilaterally notifying the other union of its bargaining representative allocation based on the proportional number of members? * If collective bargaining was initiated in 2020 but failed to proceed due to disagreements over the appointment of bargaining representatives during the single bargaining channel unification process, can any union request a new round of collective bargaining for the year 2021?
63.\[Background] On June 28, 2021, Union A submitted a collective bargaining request to the ○○ Office of Education. During the public notice period for collective bargaining requests from July 1 to July 8, 2021, Union B also submitted a bargaining request on July 7, 2021. * On July 13, the Superintendent of ○○ Office of Education confirmed the unions requesting bargaining and is in the process of posting a notice requesting the appointment of bargaining representatives for the single bargaining channel. * It is anticipated that one of the unions may withdraw its request. \[Questions] * If Union A withdraws its request for collective bargaining, must the Office continue collective bargaining with Union B? * If Union A later submits a new bargaining request while bargaining is ongoing with Union B, can this request be rejected? * If a collective agreement is concluded with Union B, and Union A later makes a new bargaining request, can this request be rejected?
62. * Is it permissible to request confirmation from a teachers’ union—such as by submitting a list of union members—to verify whether the bargaining representative appointed by the ○○ Teachers’ Union is indeed a union member? * If the materials submitted by the ○○ Teachers’ Union are insufficient to confirm that the bargaining representative is a union member, and the union does not cooperate in verifying this, would a temporary refusal to bargain on that basis constitute a justifiable refusal to engage in collective bargaining?
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