Metals union urging to resolve’Yoosung’s union destruction’▶ Click here to enlarge
The Supreme Court judged that the establishment of the’fishing union’, which the company created to neutralize the existing union, is a union because of its lack of subjectivity and independence.
The third division of the Supreme Court (Presiding Judge Dong-won Lee) announced on the 25th that the National Metals Union has confirmed the ruling in favor of the plaintiff in an appeal against Yuseong Enterprises and corporate unions to confirm the invalidation of the union establishment.
The judge ruled that “if the employer established a union to dominate or intervene in the union’s activities, even if the establishment report is accepted, it should be considered that there is no union status as a subject with three labor rights.”
In the process of promoting the introduction of a shift system in 2011, the Yuseong Enterprises Branch of the Metal Workers Union faced a severe conflict between the management and the closure of the workplace.
Accordingly, the company created a second union in July 2011 with the aim of neutralizing the union. After encouraging employees to join the new union and inducing management employees who were not active in the union to join, the new union became a majority union with a majority of its employees.
However, the first trial decided that the establishment itself was invalid, saying that it was difficult to say that the second union created by the company had secured independence and independence. It is believed that it violated the labor union law, which specified independence and collective nature as a practical requirement of the union.
The company appealed that the company union was lacking in independence and independence at the time of its establishment, but that it met the requirements after its establishment, but the second trial refused to accept it and dismissed it.
An official at the Supreme Court said, “This is the first time we saw that if the union does not meet the practical requirements such as subjectivity and independence at the time of establishment, it can file a lawsuit to confirm invalidation of the establishment.
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