Multiple Unions
Multiple Unions
Multiple unions refer to a case where there are two or more labor unions established or joined by workers at a company or workplace. From July 2011 when the establishment of multiple unions on the enterprise level was allowed, establishment of a single bargaining channel and the duty of fair representation were added to the LRC’s agenda. TULRAA stipulates that where two or more labor unions established or joined by workers exist in a company or workplace regardless of the type of organization, labor unions shall decide a representative bargaining union to request bargaining (TULRAA, Article 29-1, Para. 1).
Single bargaining channel
- The establishment of a single bargaining channel under TULRAA is intended to effectively solve problems that can arise when two or more labor unions exist in a company or workplace: 1) conflicts between labor unions or between the labor unions and their employer that may arise when each union exercises their own right to bargain, 2) reduced bargaining efficiency and increase in bargaining costs resulting from repeating the same bargaining on the same matters, 3) difficulties in labor affairs management that may arise when multiple collective agreements are to be concluded, 4) problems arising from the application of different working conditions depending on which labor union workers are affiliated to despite carrying out the same or similar work (Constitutional Court, 04/24/2012, 2011Hunma338).
Procedures to determine a representative bargaining union
Types of multiple union issues
Redress request against an employer's violation of the obligation for public announcment
In connection with the finalization of bargaining request unions, a labor union can request its redress to the LRC in two cases: one is that an employer who is requested for bargaining fails to make a public announcement or makes a public announcement different from the facts (Enforcement Decree of TULRAA, Article 14-3, Para. 2); the other is that a bargaining request union raises an objection to the employer and then the employer does not make a public announcement or makes a different one from the facts when it is deemed that the employer’s finalization announcement of the bargaining request unions is different from the details that have been submitted or omits details (Enforcement Decree of TULRAA, Article 14-5, Para. 4).
Request for objection to a majority labor union
When labor unions failed to decide a representative bargaining union within the mandatory time limit or have not obtained consent for an individual bargaining from their employer, a labor union that is organized by a majority of all the union members of the labor unions participating in the procedures for establishment of a single bargaining channel will be a representative bargaining union (TULRAA, Article 29-2, Para. 3). In this case, the majority union should notify the employer of this fact within five days after the completion of the period during which the representative bargaining union can be autonomously decided (Enforcement Decree of TULRAA, Article 14-7, Para. 1), and the employer should make a public announcement of its contents for five days from the date of the majority union’s notification (Enforcement Decree of TULRAA, Article 14-7, Para. 2). A labor union that has an objection to this fact may file a complaint to the LRC (Enforcement Decree of TULRAA, Article 14-7, Para. 3).
Request for decision on a joint bargaining delegation
When the labor unions that participate in the procedures for establishment of a single bargaining channel fail to decide a representative bargaining union and there is not a majority union, they shall organize a joint bargaining delegation (TULRAA, Article 29-2, Para. 4). When the labor unions fail to organize a joint bargaining delegation, they may request the LRC to decide one (TULRAA, Article 29-2, Para. 5).