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학술논문노동법학2017.06 발행KCI 피인용 2

미국 연방정부 공무원의 노동기본권 보장과 구성

Public Employees’ Labor Rights on the Civil Service Reform Act of 1978 in the U.S

김미영(경기대학교 법학연구소)

62호, 1~23쪽

초록

The U.S civil service laws put lots of limitations on the public employee’s labor rights like Korean laws. However, the laws allow more public employees to enjoy the rights and to have more options on labor unions than Korean public laws. The Civil Service Reform Act(1978) has adopted the public employee’s rights, similar to employees in private sectors, with exception denying the rights to some employees. And the Act recognizes that federal and state governments are the employer of a civil servant, actually government employee, in the public employment relations. Furthermore, the Act has introduced the rule to balance the public interest for the majority or a society with the public employee’s labor rights to pursue the individual interest only for the labor union and its members. It declares that the public interest includes labor unions and collective bargaining in civil service, because recognizing labor rights for public employees can serve the public interest with improving the quality of public services by the employees. Finally, the Act does not have a provision to prohibit the public labor unions from engaging any political activities. Instead, the federal election laws are applied to them as other labor unions in the private sector.

Abstract

The U.S civil service laws put lots of limitations on the public employee’s labor rights like Korean laws. However, the laws allow more public employees to enjoy the rights and to have more options on labor unions than Korean public laws. The Civil Service Reform Act(1978) has adopted the public employee’s rights, similar to employees in private sectors, with exception denying the rights to some employees. And the Act recognizes that federal and state governments are the employer of a civil servant, actually government employee, in the public employment relations. Furthermore, the Act has introduced the rule to balance the public interest for the majority or a society with the public employee’s labor rights to pursue the individual interest only for the labor union and its members. It declares that the public interest includes labor unions and collective bargaining in civil service, because recognizing labor rights for public employees can serve the public interest with improving the quality of public services by the employees. Finally, the Act does not have a provision to prohibit the public labor unions from engaging any political activities. Instead, the federal election laws are applied to them as other labor unions in the private sector.

발행기관:
한국노동법학회
분류:
노동법

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미국 연방정부 공무원의 노동기본권 보장과 구성 | 노동법학 2017 | AskLaw | 애스크로 AI