교섭창구 단일화 제도의 시행에 따른 쟁점 및 그에 대한 합리적 해결방안에 관한 연구

It has been two years since the single bargaining channel system was introduced and there have been many decision cases in the Labor Relations Commission. There has, however, been a lot of controversy over the single bargaining channel system because it was not first identified properly that what position and role the system has in the autonomy of collective agreement system. This article studies whether the single bargaining channel system is constitutional and first of all, consider its position in the autonomy of collective agreement system on that point. By use of consideration, this paper recasts the single bargaining channel system, determining that the system is different from the existing system in it is an exceptional system which is based in the position of a labor union or the main agent of autonomy of collective agreement. If the single bargaining channel system consists of not specificity over universality but exception over principles, then related regulations for the single bargaining channel system should be interpreted based on the keynote for autonomy of collective agreement as far as possible. From this point, the article realigns related regulations for the single bargaining channel system and arranges interpretation criterion and order. Furthermore, this paper examines bargaining unit and the content, scope and effect of the duty of fair representation by the intent of the single bargaining channel system and studies the legal nature of the related regulations and estimating union members for the system individually.