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학술논문노동법연구2008.09 발행KCI 피인용 13

공무원 단체교섭의 특징과 쟁점 - 복수노조하의 단체교섭을 중심으로 -

Some Features and Issues upon Public Officials' Collective Bargaining - Concerning on Plural Trade Unions Environment -

이화진(한국행정연구원)

25호, 35~73쪽

초록

The purpose of this paper is to understand and seek alternatives of some features and issues upon public officials' collective bargaining which is under plural trade unions envirionment. Afterwards implementation of the ‘Act on the Establishment and Operation, etc. of Public Officials' Trade Unions(hereinafter “APOTU”)’, as of August 2008 98 trade unions have been established on 216 each type of administrative bodies and 193 bodies having contracted collective agreement(90 collective agreements, 103 on bargaining). Looking over some features of public officials' collective bargaining, dissimilarly private sector general people are employer of public officials so that the results of collective bargaining are not confined on two partties. The collective bargaining procedure and bargaining unit is specified by statute, and according to statutory provisions when number of trade unions submit the claim of collective bargaining then they have to unify bargaining channels. Moreover due to the boundary of collective agreement, it cannot affect to lawmakers' sentiment. In addition, the prohibition of the right to strike is substituted by direct arbitration of NLRC's authority when collective bargaining broke down. While collective bargaining propels on each of administrative bodies(central government branches, constitutional bodies, local governments, offices of education), some issues were outstood. Which are conflicts on parties and negotiators of collective bargaining, long period of collective bargaining and stoppage of industrial relations attendant of unification of bargaining channels, confrontation on non-bargainable and ineffective articles, implementation collective agreement. Such things of issues are based on specific character of public officials' industrial relations. In conclusion, hereafter with more in-depth study on public officials' industrial relations and social dialogue about institution, there should be established supplementary measures(unification of bargaining channels, classification of bargainable articles, authority of each government representative, i.e.).

Abstract

The purpose of this paper is to understand and seek alternatives of some features and issues upon public officials' collective bargaining which is under plural trade unions envirionment. Afterwards implementation of the ‘Act on the Establishment and Operation, etc. of Public Officials' Trade Unions(hereinafter “APOTU”)’, as of August 2008 98 trade unions have been established on 216 each type of administrative bodies and 193 bodies having contracted collective agreement(90 collective agreements, 103 on bargaining). Looking over some features of public officials' collective bargaining, dissimilarly private sector general people are employer of public officials so that the results of collective bargaining are not confined on two partties. The collective bargaining procedure and bargaining unit is specified by statute, and according to statutory provisions when number of trade unions submit the claim of collective bargaining then they have to unify bargaining channels. Moreover due to the boundary of collective agreement, it cannot affect to lawmakers' sentiment. In addition, the prohibition of the right to strike is substituted by direct arbitration of NLRC's authority when collective bargaining broke down. While collective bargaining propels on each of administrative bodies(central government branches, constitutional bodies, local governments, offices of education), some issues were outstood. Which are conflicts on parties and negotiators of collective bargaining, long period of collective bargaining and stoppage of industrial relations attendant of unification of bargaining channels, confrontation on non-bargainable and ineffective articles, implementation collective agreement. Such things of issues are based on specific character of public officials' industrial relations. In conclusion, hereafter with more in-depth study on public officials' industrial relations and social dialogue about institution, there should be established supplementary measures(unification of bargaining channels, classification of bargainable articles, authority of each government representative, i.e.).

발행기관:
서울대학교노동법연구회
분류:
법학

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공무원 단체교섭의 특징과 쟁점 - 복수노조하의 단체교섭을 중심으로 - | 노동법연구 2008 | AskLaw | 애스크로 AI