Collective Bargaining Process & Issues

May 23, 2003 C.W. Hyun / Paul Cho Kim & Chang

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

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

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

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

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.

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

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

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