미국 연방노동법의 건설산업 단체교섭 특례

The federal labor law enacted in 1935 presupposed a standard employment relationship based on the factory system that was developing at the time. On the other hand, in the construction industry with a long history of labor movements, collective bargaining with labor unions was still maintained based on contracting, subcontracting, and short-term employment. Prior to the 1947 amendment to the Federal Labor Law, which prohibited the bargaining and conclusion of closed shop agreements, such autonomous industrial relations and collective bargaining practices in the construction industry could be maintained without becoming a social problem. So it was not until 1948 that the Federal Labor Commission acknowledged the need for federal labor law regulation of construction industry unions and collective bargaining. In reality, employment in the construction industry is short-term, one-time, and repetitive, and multiple employers connected by contract and subcontract relationships operate their businesses in the same place. As a result, the subject of collective action or collective bargaining of labor unions in the construction industry was inevitably different from that of non-construction industries. In the 1959 amendment of the Federal Labor Law, Article 8(f) was introduced as a special case for collective bargaining that accommodated the unique characteristics of employment and industrial relations in the construction industry. In addition to collective bargaining, the collective action of labor unions in the construction industry is recognized more broadly than in non-construction industries, and employers can conclude collective agreements with construction trade unions on wages, working hours and working conditions at the site before hiring construction workers. allow to be It also permits the conclusion of collective agreements for the purpose of preserving jobs or wage levels covered by collective agreements at the construction employer's site, although not recognized in non-construction industries. Lastly, it also guarantees a procedure for the Federal Labor Relations Commission to quickly and actively intervene in disputes between trade unions over work allocation. Based on these findings, it can be seen that there is room for acceptance in collective labor legislation without excluding forms of employment based on competitive bidding, subcontracting or subcontracting, or outlawing collective action.