교섭대표노동조합의 지위 유지기간의 관한 고찰

The unifying bargaining window system put in force from 2011. 7. 1. is established for the efficiency of bargaining and forming the unified working condition, allowing multiple labor unions. And the period of maintenance for status of the bargaining representative labor union is a regulation which is prepared when the unifying bargaining window system was implemented. Since the unifying bargaining window system does not grant the right to bargain collectively to all labor unions, it is clear that it itself has an element that violates the right to bargain collectively. Moreover, only the bargaining representative labor union is given the right to bargain, and its status is guaranteed without any conditions for a certain period of time, so it is impossible for a labor union that does not become the bargaining representative labor union to exercise the right to bargain collectively during the period of maintenance for status of the bargaining representative labor union. As a result, it cannot be overlooked that fierce competition and conflict are being caused to obtain the status of the bargaining representative labor union among multiple labor unions. According to the current regulation about the period of maintenance for status of the bargaining representative labor union, the existing bargaining representative labor union will maintain its status even if a labor union organized with a larger number of members than the existing number of union members is formed at the workplace after the determination of the bargaining representative labor union. And after being determined as the bargaining representative labor union even if a number of union members withdraw and move to another union and it secures a number of union members and the existing bargaining representative labor union becomes a minority labor union, it maintains the status. In addition, there is a problem that the bargaining representative labor union maintains the status even if it temporarily secures union members and determined as the bargaining representative labor union when deciding on it and after that the number of union members rapidly decreases due to retirement, etc., resulting in the existence of the other majority labor union. Certain requirements are needed to maintainenance of the status in that the bargaining representative labor union bargains on behalf of all members and assumes that it is representative of majority. In other words, it is necessary to establish a new regulation on the condition of granting or losing the period of maintenance for status of the bargaining representative labor union. Only then can the bargaining representative labor union representing all members proceed with collective bargaining and minimize the infringement of the right to bargain.