원ㆍ하청 노동관계의 교섭창구단일화 절차 ― 하청노동조합의 원청사업주 교섭단위 참여를 중심으로 ―

In the context of labor relations subcontracting labor relations, most academic theories assert that even if a subcontractor's union demands negotiations with the primary contractor, a single bargaining channel in the primary contractor's bargaining unit is not required. According to these theories and precedents, the bargaining units of primary contractors and subcontractors are considered separate, with the subcontractor's bargaining unit being excluded from the primary contractor's bargaining unit. Consequently, it becomes more challenging to improve the working conditions of subcontractor employees who are at a disadvantage in terms of bargaining power. Therefore, I have examined an interpretative method that allows the subcontractor's union to participate in the single bargaining channel procedure of the primary contractor's bargaining unit so that the working conditions of both primary and subcontractor employees can be negotiated together. The grounds for this interpretative method, which allows the subcontractor's union to participate in the primary contractor's bargaining unit, include: first, if the concept of ‘employer’ under the Trade Union and Labor Relations Adjustment Act is expanded to include primary contractor with substantial control, the ‘business or workplace of the principal contractor’ would be expanded to the ‘business or workplace of primary contractor with substantial control’; second, the participation of the subcontractor's union in the primary contractor's bargaining unit aligns with the purpose of guaranteeing the three labor rights of subcontractor employees and improving their actual working conditions; and third, the dual bargaining structure in public sector labor relations can be applied to the labor relations between primary and subcontractors. Moreover, if the subcontractor's union participates in the primary contractor's bargaining unit, significant considerations include the potential for applications to separate or integrate bargaining units, and the increased possibility of forming an enterprise-wide bargaining structure. In this scenario, the labor commission plays a crucial role. Additionally, in the labor relations between primary and subcontractors, a de facto dual bargaining structure of primary contractor and subcontractor bargaining units can form, leading to issues such as the distribution of bargaining agendas and the overlapping application of collective agreements.