Union Pluralism

Request
  • Where conflicts arise over the determination of the bargaining representative separation of the bargaining unit, violation of the duty of fair representation, etc., parties may make an appeal to LRC for a correction, an objection or a decision.
Types of cases related to union pluralism
  • Request for correction on the announcement of a bargaining request.
  • Request for correction on the announcement of an objection by a labor union requesting bargaining to the final announcement of       the employer.
  • Making an objection to the decision on the majority labor union.
  • Request for the establishment of a joint bargaining representatives.
  • Request for decision on the separation of the bargaining unit.
  • Request for correction on the violation of the duty of fair representation.
  • From July 1, 2012, the multiple trade union system which includes the unification of bargaining channels and separation of the bargaining unit become effective. This applies to any businesses with at least 2 unions established or joined by employees as of December 31, 2009 regardless of its type of organization.

The procedures of bargaining channel unification

The procedures of bargaining channel unification 이미지

The procedures for plural unionism cases

The procedures for plural unionism cases 이미지

Request for correction on the announcement of a bargaining request
  • Eligibility: A labor union which initially requested bargaining.
  • Requirements:
    Where the employer has not made an announcement within 7 days from the date on which the bargaining was requested. Where the employer has made an announcement inconsistent with the details of the labor union's demand.
  • Application: Direct request to the competent Regional Labor Relations Commission.
  • Processing period: within 10 days from the date of request.
Request for correction on the announcement of an objection by a labor union requesting bargaining to the final announcement of the employer
  • Eligibility: Among the labor unions which have requested bargaining within the period of the announcement of the bargaining request, any labor union which has filed an objection to the employer's final announcement.
  • Requirements:
    Where the employer has not announced the details of the objection.
    Where the employer has made an announcement inconsistent with the details of the objection.
  • Application Period:
    Where the employer has not announced the details of the objection.
          → within 5 days following the end of the final announcement period.
    Where the employer has made an announcement inconsistent with the details of the objection.
          → within 5 days following the end of the modified announcement period.
  • Application: Submit a request to the competent Regional Labor Relations Commission.
  • Processing period: Within 10 days from the date of request.
Making an objection to the decision on the majority labor union
  • Eligibility: Among the labor unions which have participated in the selection of the bargaining representative union, any labor union which desires to file an objection to employer's announcement of the majority labor union.
  • Requirements: In case where a labor union has an objection to employer's announcement of the majority labor union.
  • Application Period: Within 5 days from the date of the announcement of the majority labor union.
  • Application: Submit a request form to the competent Regional Labor Relations Commission.
  • Processing period: Within 10 days from the date of request.
    * If it is difficult to confirm the number of the union members, the processing period may be extended by 10 days.
Request for the establishment of a joint bargaining representatives
  • Eligibility: The entire or part of a labor union whose union members account for at least 10 percent of the total union members who have participated in the selection of the bargaining representative union.
  • Requirements: Where the labor unions participating in the selection of the bargaining representative union failed to agree autonomously on the establishment of a joint bargaining representative team.
  • Application Period:
    Where there is no employer's announcement because there is no notification from the majority labor union.
          → From 10 days as after the date on which the majority labor union is allowed to notify to the employer.
    Where the LRC confirms that there is no majority labor union.
          → From 5 days after the date of the notification of the LRC's decision.
  • Application: Submit a request form to the competent Regional Labor Relations Commission.
  • Processing period: Within 10 days from the date of request.
    * If it is difficult to confirm the number of the union members, the processing period may be extended by 10 days.
Request for decision on the separation of the bargaining unit
  • Eligibility: Either or both parties who wish to separate the bargaining unit.
  • Requirements: Where separation of the bargaining unit is necessary due to a wide gap in working conditions, types of employment, bargaining practices, etc. within a workplace.
  • Application period:
    Before employer's announcement of the request for bargaining.
    The day following the determination of the bargaining representative union.
  • Application: Submit a request form to the competent Regional Labor Relations Commission.
  • Processing period: Within 30 days from the date of reques.
Request for correction of the violation of the duty of fair representation
  • Eligibility: All labor unions that have participated in the selection of the bargaining representative union but for the bargaining representative union itself.
  • Requirements: Where the bargaining representative union or the employer discriminate against unions or their members who participarted in the selection of the bargaining representative union.
  • Application period: Within 3 months from the date of violation of the duty of fair representation.
    * If the collective agreement is in violation of the duty of fair representation, the application period is within 3 months from the date when the agreement is signed.
  • Application: Submit a request form to the competent Regional Labor Relations Commission.
  • Processing period: Within 60 days from the date of a meeting for interrogation,
    Within 30 days from the date on which the ruling is sent.
Appeal Procedures
  • If the RLRC’s decision is thought to be unlawful or an abuse of authority, one may appeal to the NLRC within 10 days of receiving the rulings.
  • If the NLRC’s retrial decision is thought to be unlawful or an abuse of authority, one may appeal to the Administrative Court within 15 days of receiving the rulings.
    - In the case of violation of the duty of fair representation, one follows the appeal procedures for adjudication case.