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TITLE Supreme Court Decision 2017Da218642 Decided August 30, 2018 【Provision of Trade Union Office, Etc.】 * First draft [full Text]
Summary
[1] Whether the “[d]uties of fair representation” prescribed in Article 29-4(1) of the Trade Union and Labor Relations Adjustment Act should be complied with in the implementation of a collective agreement (affirmative)
Where it is considered that either a representative bargaining trade union or an employer has discriminated against trade unions participating in procedures for the simplification of bargaining windows or the members thereof, an entity carrying the burden of argument and proof with regard to the existence of reasonable grounds of discrimination (held: a representative bargaining trade union or an employer)
[2] In a case where an employer provided a representative bargaining trade union with a trade union office pursuant to a collective agreement, etc., that can be used on a permanent basis, whether it bears an obligation to provide a trade union office to other trade unions which participated in procedures for the simplification of bargaining windows (affirmative in principle)
In a case where an employer (a) did not provide a trade union office on grounds of technical or financial difficulties; or (b) offered a chance to use company facilities, whether it is possible to view that there exist reasonable grounds of discrimination (negative)
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