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

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Presentation on theme: "Collective Bargaining Process & Issues May 23, 2003 C.W. Hyun / Paul Cho Kim & Chang."— Presentation transcript:

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 , Korea Tel: (82-2) Fax: (82-2) /3 Member 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 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 & Chang Seyang Bldg. 223, Naeja-dong, Chongro-ku Seoul , Korea Tel: (82-2) Fax: (82-2) /3 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 - Bargain in Good Faith - Bargain in Good Faith 1. Management Obligation - Prior to starting main CBA negotiations - Prior to starting main CBA negotiations 2. Ground Rules - Use Model Form of CBA - Use Model Form of CBA 3. Union Strategy - Frequency / Off Hour / Agenda / Number of Reps from each side / Confidentiality / Minutes

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

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

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


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