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Committees

OverView Committees

Committees

The LRC is involved in mediation, adjudication, recognition, determination, approval, and so on, according to TULRAA, the LSA, the FPWPA, the TAWPA, the POTUA, and the TTUA. To perform such judicial functions, the LRC has the plenary session and various sectoral committees (LRCA, Article 15, Para. 1). Both the NLRC and the RLRCs have a plenary session and five sectoral committees such as the Adjudication Committee (“AC”), the Discrimination Redress Committee, the Mediation Committee, the Special Mediation Committee, and the Arbitration Committee. In addition to these committees, the NLRC has the Public Officials’ Labor Relations Adjustment Committee, and the Teachers’ Labor Relations Adjustment Committee.

Plenary session and sectoral committees

Plenary Session

  • The plenary session is comprised of all members of the LRC. It deals with decisions on general matters such as the operation of the LRC and matters in relation to recommending relevant administrative agencies to improve working conditions (LRCA, Article 15, Para. 2). As well as, in the plenary session of the NLRC, rules on the LRC may be made, instructions on how to deal with the operation of the RLRCs and the SLRC may be given and guidance on how to interpret the laws may be provided (LRCA, Article 15, Para. 2). A plenary session is convened by the chairperson of the relevant LRC (LRCA, Article 16, Para. 2) and needs a majority of the total members of the relevant LRC to constitute a quorum. Any resolution of the plenary session requires the concurrent votes of at least a majority of the members present (LRCA, Article 17, Para. 1). The members who attend the plenary session should sign their names or put their seal on the resolution (LRCA, Article 17, Para. 4).

Sectoral Committees

  • The LRC, unless it is stipulated differently by other laws, has sectoral committees as detailed below to deal with matters under the jurisdiction of the LRC in their respective sectors. 
The chairperson of a sectoral committee is elected among and by its constituent members, unless it is stipulated differently by other laws (LRCA, Article 16, Para. 1). A sectoral committee is convened and presided over by the chairperson of the concerned sectoral committee. However, if deemed necessary, the chairperson of an LRC may convene a sectoral committee. If the chairperson of a sectoral committee deems necessary for smooth operation of the committee, he/she may designate a chief member and have him/her preside over the case (LRCA, Article 16-2).

(1) Adjudication Committee

The Adjudication Committee is comprised of three persons nominated by the chairperson of the concerned LRC, from among the public interest members in charge of adjudication, and deals with matters related to the decisions, resolutions, approval, recognition, etc. under TULRAA, the LSA, the WPCA, or any other law (LRCA, Article 15, Para. 3). Those that fall into this category are: adjudication on the remedy request for unfair labor practices, procedures on establishing a single bargaining channel and determinations on the request for redress as well as objections raised, separation of bargaining units, orders to redress violation of fair representation duty of the representative bargaining union, proposing opinions on how to interpret and implement the collective bargaining agreement, adjudication on a remedy request for unfair dismissal, leave of absence, suspension from work, job transfer, wage cut and other disciplinary actions (hereinafter referred as “unfair dismissal, etc.”) by an employer, deciding to impose an enforcement levy when the concerned party does not comply with the remedy order in an unfair dismissal case, and so on (LRC Rules, Article 16).
In addition to these, the Adjudication Committee may recommend a conciliation between the concerned parties, present a proposal of conciliation, or draw up a conciliation statement, if cases involving violation of the duty of fair representation and remedy request concerning unfair labor practices and unfair dismissal are brought to the Committee (LRCA, Article 16-3).

(2) Discrimination Redress Committee

This sectoral committee was newly established due to the legislation of the FPWPA and the revision of the TAWPA on December 21, 2006. The Discrimination Redress Committee (“DRC”) is comprised of three persons nominated by the chairperson of the relevant LRC, from among the public interest members in charge of discrimination redress, and deals with matters related to the discrimination redress under the FPWPA or the TAWPA (LRCA, Article 15, Para. 4). In greater detail, when the parties concerned directly apply for, or when the Minister of Employment and Labor notifies, the Committee deals with cases on discrimination redress, mediation and arbitration for fixed-term, part-time and agency workers (LRC Rules, Article 17).

(3) Mediation Committee

A Mediation Committee is installed in the LRC for the mediation of labor disputes (TULRAA, Article 55, Para. 1). The Mediation Committee members are nominated by the chairperson of the LRC from among the members of the relevant LRC so that each member may represent employers, workers, and the public interest. The member representing workers should be recommended by the employers’ association, and the member representing the employer should be recommended by labor unions. However, when either workers or employers fail to present a list of members three days prior to the opening of the Mediation Committee, the chairperson of the LRC may nominate the members (TULRAA, Article 55, Para. 3).
The public interest member is nominated from among the public interest members in charge of mediation (LRCA, Article 15, Para. 5), and the public interest member becomes the chairperson of the Mediation Committee (LRCA, Article 56). The Mediation Committee mediates labor disputes of a general business and deals with issues regarding how to interpret or implement mediation proposals (LRC Rules, Article 18, Para. 1).

(4) Special Mediation Committee

The Special Mediation Committee (“SMC”) is established within the LRC for the mediation of labor disputes in public services (TULRAA, Article 72, Para. 1). The SMC members are comprised of three public interest members, who are nominated by the chairperson of the LRC. Prior to this process, the labor union and the employer choose four to six eligible candidates by taking turns in selecting them among the public interest members in charge of mediation. However, if labor and management recommend those who are not the members of the LRC by agreement, the chairperson of the LRC should nominate the recommended ones as the members of the SMC (TULRAA, Article 72). 
The chairperson of the SMC is elected from among the members of the SMC, who are public interest members of the LRC (TULRAA, Article 73). The SMC mediates labor disputes in public services, suggests opinions on how to interpret or implement mediation proposals, determines on which level the essential services should be maintained and operated, and deals with matters on how to interpret or implement the decision on the operation of the essential minimum services (LRC Rules, Article 18, Para. 2).

(5) Arbitration Committee

The LRC has an Arbitration Committee, which is composed of three members, for arbitration or review of labor disputes (TULRAA, Article 64, Para. 1, 2). Members of the Arbitration Committee are chosen by agreement between the parties concerned from among public interest members in charge of mediation, and appointed by the chairperson of the LRC. However, if the parties concerned fail to reach an agreement, the chairperson of the LRC nominates the Arbitration Committee members from among the public interest members in charge of mediation (TULRAA, Article 64, Para. 3). 
The chairperson of the Arbitration Committee is elected from among its members (TULRAA Article 65). The Arbitration Committee arbitrates labor disputes and deals with issues on how to interpret arbitration decisions or their execution (LRC Rules, Article 18, Para. 3).

(6) Teachers’ Labor Relations Adjustment Committee

Teacher’s Labor Relations Adjustment Commission (“TLRAC”) is established under the NLRC as is stipulated by the TTUA. The TLRAC consists of three public interest members in charge of mediation, who are nominated by the chairperson of the NLRC. However, if the parties concerned recommend by agreement, who are not the ones chosen from the NLRC public interest members, they should be nominated. The chairperson of the TLRAC is elected from among members of the TLRAC (TTUA, Article 11). The TLRAC mediates and arbitrates labor disputes of teachers, deals with matters on how to interpret mediation or arbitration proposals, and proposes opinions on how to implement them (LRCA, Article 15, Para. 8 / LRC Rules, Article 18, Para. 4).

(7) Public Officials’ Labor Relations Adjustment Committee

Public Official's Labor Relations Adjustment Committee (“POLRAC”) is established under the NLRC as is stipulated by the POTUA, and consists of a maximum of seven members who are dedicated to mediation and arbitration of the public officials’ labor relations (POTUA, Article 14, Para. 1, 2). The POLRAC mediates and arbitrates labor disputes of public officials, deals with issues on how to interpret mediation or arbitration proposals and proposes opinions on how to implement them (LRCA, Article 15, Para. 9 / LRC Rules, Article 18, Para. 5).