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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
Under TURLAA, the duty of fair representation refers to the duty not to discriminate against the participating unions without reasonable grounds (Section 29-4). The statue imposes this duty on the representative union in order to protect the minority participating unions, and prohibits discrimination against the non-selected unions and their members who have participated in the bargaining channel unification procedure.
The representative union and the employer(s) owe this duty to participating unions. The duty is imposed on the employer because, although the representative union owes the same duty, it needs the employer’s cooperation in substantially satisfying this duty, and because the employer can also breach this duty under certain circumstances.
Under this duty, the representative union shall not conduct the bargaining unfairly or enter into an unfair collective agreement. Furthermore, it shall not discriminate against minority unions in dispute resolution, implementation of collective agreement, or union activities without reasonable grounds.
The term “reasonable grounds” means without arbitrariness, bad faith, or lack of sincerity, and the existence of reasonable grounds is determined case by case, considering all the factual circumstances.
If the representative union breaches it duty and discriminates against minority unions and their members, the injured unions can request a remedy from the LRC within 3 months of the discriminatory conduct. If the LRC finds discrimination without reasonable grounds, it shall issue an injunctive order.
The parties with standing to seek this remedy are all the unions, except the representative union, that have participated in the selection process. Accordingly, individual union members have no standing.
The appeals procedure regarding the order or the decision by the LRC on this issue follows the procedure for the remedy on unfair labor practices.
The representative union and the employer(s) owe this duty to participating unions. The duty is imposed on the employer because, although the representative union owes the same duty, it needs the employer’s cooperation in substantially satisfying this duty, and because the employer can also breach this duty under certain circumstances.
Under this duty, the representative union shall not conduct the bargaining unfairly or enter into an unfair collective agreement. Furthermore, it shall not discriminate against minority unions in dispute resolution, implementation of collective agreement, or union activities without reasonable grounds.
The term “reasonable grounds” means without arbitrariness, bad faith, or lack of sincerity, and the existence of reasonable grounds is determined case by case, considering all the factual circumstances.
If the representative union breaches it duty and discriminates against minority unions and their members, the injured unions can request a remedy from the LRC within 3 months of the discriminatory conduct. If the LRC finds discrimination without reasonable grounds, it shall issue an injunctive order.
The parties with standing to seek this remedy are all the unions, except the representative union, that have participated in the selection process. Accordingly, individual union members have no standing.
The appeals procedure regarding the order or the decision by the LRC on this issue follows the procedure for the remedy on unfair labor practices.
목차
Ⅰ. 들어가며
Ⅱ. 조합간 차별과 노조법상 공정대표의무
Ⅲ. 결론
참고문헌
〈Abstract〉
참고문헌 (11)
참고문헌 신청
1. [학술지(정기간행물)] - 김동욱 / 2012 / 노동위원회의 교섭창구단일화 관련 결정 절차상의 법적쟁점 / 노동법포럼 (8) : 160 ~ 201
2. [학술지(정기간행물)] - 노상헌 / 2013 / 교섭의제 결정에 관한 설명의무와 공정대표의무 / 노동법학 (48)
3. [학술지(정기간행물)] - 박종희 / 2011 / 교섭창구 단일화 방안의 안정적 정착을 위한 해석방안 / 안암법학 (34) : 523 ~ 553
4. [학술지(정기간행물)] - 박지순 / 2011 / 공정대표의무의 의의와 내용 / 월간 노동리뷰
5. [학술지(정기간행물)] - 송강직 / 2013 / 교섭대표노동조합의 공정대표의무 / 노동법연구 (34) : 245 ~ 287
2. [학술지(정기간행물)] - 노상헌 / 2013 / 교섭의제 결정에 관한 설명의무와 공정대표의무 / 노동법학 (48)
3. [학술지(정기간행물)] - 박종희 / 2011 / 교섭창구 단일화 방안의 안정적 정착을 위한 해석방안 / 안암법학 (34) : 523 ~ 553
4. [학술지(정기간행물)] - 박지순 / 2011 / 공정대표의무의 의의와 내용 / 월간 노동리뷰
5. [학술지(정기간행물)] - 송강직 / 2013 / 교섭대표노동조합의 공정대표의무 / 노동법연구 (34) : 245 ~ 287
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