The Central Labor Relations Commission recognized Hanwha Ocean as the "employer" of Welliv branch, a subcontractor union for dining and facility management.
The scope of the lead company's bargaining responsibility is drawing renewed attention with this decision.
On the 15th, the Central Labor Relations Commission upheld the initial ruling and dismissed the company's petition in the case of the "reexamination of objection to the public notice confirming the labor union requesting bargaining" that Hanwha Ocean filed against the Metal Workers' Union Geoje-Tongyeong-Goseong Shipbuilding Subcontractors' Branch.
The key to this decision is that it also recognized Hanwha Ocean's employer status with respect to Welliv branch, on which judgment had been reserved.
The Central Labor Relations Commission viewed Hanwha Ocean as being in a position to substantially and specifically control and determine the working conditions of the workers concerned.
It prefaced that "for the single bargaining channel procedure under the Trade Union and Labor Relations Adjustment Act to apply, it must first be determined whether the lead company is a bargaining party, that is, whether it corresponds to an 'employer' under the latter part of Article 2, Subparagraph 2 of the Act."
It added as grounds for judgment that "improvements to aged facilities and equipment at workplaces such as kitchens, laundries, and commuter buses where union members work are difficult for Welliv and others to carry out alone without the cooperation and approval of Hanwha Ocean, the owner."
Welliv branch consists of workers employed by contractors in charge of Hanwha Ocean's dining services, commuter bus operations, and facility management, and they have requested bargaining, demanding improvements to the work environment and health protection measures, adjustments to working hours, and criteria for paying performance bonuses.
Earlier, in the process of publicly announcing the fact of the bargaining request, Hanwha Ocean included only the Geoje-Tongyeong-Goseong Shipbuilding Subcontractors' Branch and excluded about 450 members of the Welliv branch. In response, the Welliv branch filed an objection, and the Gyeongnam Regional Labor Relations Commission determined that they should be included as bargaining parties.
However, the Gyeongnam Regional Labor Relations Commission had reserved judgment on employer status on the grounds that "the outcome may differ with each case-by-case determination."
If Hanwha Ocean does not accept this Central Labor Relations Commission decision, it may file an administrative lawsuit within 15 days from the date the written decision is served.