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TITLE	Supreme Court Decision 2014Du12598, 12604 Decided June 15, 2018【Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice; Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice】 [full Text]
Summary
【Main Issues and Holdings】 [1] Standard and method of determining whether a person may be deemed a “worker” as prescribed by the Trade Union and Labor Relations Adjustment Act Whether a “worker” under the Trade Union and Labor Relations Adjustment Act has to necessarily be confined to a “worker” under the Labor Standards Act (negative) [2] In a case where: (a) Company A, which engages in the homeschool material development and education business, entered into a consignment agreement with homeschool material teachers who are also members of the National Union of Homeschool Material Industry Workers pertaining to the management, solicitation, education, etc. of students, but thereafter, rescinded said agreement; and (b) Party A et al. sought a relief order on the grounds that Company A’s act constituted unfair dismissal and unfair labor practice, the case holding that Party A et al. fits the description of “worker” under the Trade Union and Labor Relations Adjustment Act, and that the National Union of Homeschool Material Industry Workers constitutes “trade union” as defined under Article 2 Subparag. 4 main text of the same Act [3] Method of determining as to whether an employer’s act constitutes “unfair labor practice” as prescribed by the Trade Union and Labor Relations Adjustment Act, and the party with the burden to prove the same (held: worker or union) Where an examination of an employer’s unfavorable measures, such as disciplinary action or dismissal, taken against a worker reveals that there exists a justifiable reason to have undertaken such measures, whether it may be readily concluded that the unfavorable measures derived from the employer’s intent to engage in unfair labor practice (negative)

TITLE

Supreme Court Decision 2014Du12598, 12604 Decided June 15, 2018【Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice; Revocation of Readjudication on Relief Request for Unfair Dismissal and Unfair Labor Practice】 [full Text]

Summary

【Main Issues and Holdings】

[1] Standard and method of determining whether a person may be deemed a “worker” as prescribed by the Trade Union and Labor Relations Adjustment Act

Whether a “worker” under the Trade Union and Labor Relations Adjustment Act has to necessarily be confined to a “worker” under the Labor Standards Act (negative)

[2] In a case where: (a) Company A, which engages in the homeschool material development and education business, entered into a consignment agreement with homeschool material teachers who are also members of the National Union of Homeschool Material Industry Workers pertaining to the management, solicitation, education, etc. of students, but thereafter, rescinded said agreement; and (b) Party A et al. sought a relief order on the grounds that Company A’s act constituted unfair dismissal and unfair labor practice, the case holding that Party A et al. fits the description of “worker” under the Trade Union and Labor Relations Adjustment Act, and that the National Union of Homeschool Material Industry Workers constitutes “trade union” as defined under Article 2 Subparag. 4 main text of the same Act

[3] Method of determining as to whether an employer’s act constitutes “unfair labor practice” as prescribed by the Trade Union and Labor Relations Adjustment Act, and the party with the burden to prove the same (held: worker or union)

Where an examination of an employer’s unfavorable measures, such as disciplinary action or dismissal, taken against a worker reveals that there exists a justifiable reason to have undertaken such measures, whether it may be readily concluded that the unfavorable measures derived from the employer’s intent to engage in unfair labor practice (negative)

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