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Collective Bargaining Process & Issues

Collective Bargaining Process & Issues. May 23, 2003 C.W. Hyun / Paul Cho Kim & Chang. Mr. Chun-Wook Hyun

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Collective Bargaining Process & Issues

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  1. Collective Bargaining Process & Issues May 23, 2003 C.W. Hyun / Paul Cho Kim & Chang

  2. Mr. Chun-Wook Hyun Kim & Chang Seyang Bldg. 223, Naeja-dong, Chongro-ku Seoul 110-053, Korea Tel: (82-2) 3703-1130 Fax: (82-2) 737-9091/3 E-mail: cwhyun@kimchang.comMember of the Korean and New York Bar Associations; received his law degree (LL.B.) from the College of Law at Seoul National University. He received a Master of Law Degree (LL.M.) from Harvard Law School and was associated with Sullivan & Cromwell, New York. He served as a member of the Special Committee for the Labor Law Reform. He gave a lecture on Korean labor and employment laws at Harvard Law School in 1993. He is a legal counsel to the Ministry of Labor and co-chairman of the Amcham HR Committee. He frequently writes and speaks on labor/management relations, foreign investment, M&A, HR and restructuring issues.

  3. Mr. Paul Cho Kim & ChangSeyang Bldg.223, Naeja-dong, Chongro-kuSeoul 110-053, KoreaTel: (82-2) 3703-1157Fax: (82-2) 737-9091/3E-mail: phcho@kimchang.com Admitted to Bar, Illinois; Foreign Legal Consultant at Kim & Chang; Loyola University of Chicago, School of Law; University of Illinois, Urbana-Champaign; State of Illinois, Cook County, Arbitrator; Office of the Illinois Attorney General, Chicago, Illinois; Sanchez & Daniels, Chicago, Illinois; Ministry of Finance, Republic of Korea; Illinois State, Chicago, American and Korean American Bar Associations; Listed in Euromoney Publications PLC’s “Guide to the World’s Leading Labour and Employment Lawyers”; American Chamber of Commerce, Korea; Watson Wyatt Employment Terms and Conditions-Asia Pacific (Korea Chapter, Co-Author); American Bar Association Section of Labor and Employment Law (Korea Chapter, Co-Author)

  4. 1. Management Obligation - Bargain in Good Faith 2.  Ground Rules • Prior to starting main CBA negotiations - Frequency / Off Hour / Agenda / Number of Reps from each side / Confidentiality / Minutes 3. Union Strategy - Use Model Form of CBA

  5. 4. Counter Proposal from the Management Side 5. Role Play / Preparation for each Negotiation Session 6. Major Items of Collective Bargaining Agreement • Structure of CBA (in general) • union activities • personnel matters • working conditions • industrial accident / safety issues • collective bargaining process • labor disputes

  6. Major Issues • Membership Eligibility • Union Shop or Open Shop • Union Activities during Working Hours • Full-time Union Officer • Union Office • Check - Off • Use of Company Facilities  • Personnel Matters (Dismissal, DAC, Personnel matters for Union Executives) • Working Conditions (Improvement) • Non-Participants of Strike • How to Resolve the Dispute

  7. 7. Types of Collective Action • Strike (Full or Partial), Slow down, Picketing • Work-to-rule: Attire Strike, Collective Refusal of Overtime, Collective Use of Monthly or Annual Leave, etc. 8.  Legal Process • Report of Impasse (10-day mediation period) • Mediation Hearing • Majority Vote on Strike 9.  No Replacement During Strike Period - Not from outside : outsourcing, new hiring, subcontracting prohibited

  8. 10.  Measures Available to Management against Union Activities • No Work No Pay Principle • Lockout (defensive measure only) • Against Illegal Union Activities • - Civil Remedies: • Damage Suit for Compensation • Injunction / Provisional Attachment (over assets) • - Criminal Remedies : • Criminal Accusation • Business Interference / Defamation • Internal Disciplinary Sanction :

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