복수노조하의 조합간 차별과 공정대표의무

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.