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Membership and Withdrawal from a Labor Union on the U.S. Labor Laws
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노동조합 가입과 탈퇴에 대한 미국 연방노동법의 규율 원리

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Type
Academic journal
Author
Kim, Hee Sung (강원대학교) Kim, Mi Young (이화여대)
Journal
Institute of Law Studies PUSAN NATIONAL UNIVERSITY LAW REVIEW Vol.56 No.2 KCI Accredited Journals
Published
2015.5
Pages
129 - 154 (26page)

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Membership and Withdrawal from a Labor Union on the U.S. Labor Laws
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Abstract· Keywords

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Unlike the Korea labor laws, under the U.S. labor laws, a labor union does not have the right to represent employees as well as union members in collective bargaining, unless it is selected or designated as a representative for the collective bargaining by the majority of all employees in a bargaining unit. Labor unions have been considered as a kind of unincorporated association in contract laws and enjoyed collective autonomy in deciding internal affairs such as the acquisition of membership, periodic dues and the initiation fees, disciplinary and so on.
Then, the NLRA have not intended to regulate internal affairs of labor union. The LMRDA(1959) provides that managements and labor unions should report some important matters in relation to operating labor unions to the DOL. It is not to regulate internal affairs of labor unions as voluntary associations, but to guarantee union members essential rights of bill in labor union systems. Above all, the Act has intended to articulate the responsibility of union staffs and officers as the obligation of fiduciary.
In conclusion, the union autonomy can be limited to the extent that influencing the interest of all employees in a bargaining unit. Even if the requirements of membership could be categorized as internal affairs of labor union, the autonomy would be governed by labor laws in terms of employe’s rights. Specifically, the NLRA has guaranteed the right to withdraw from all concerted actions including admission and withdrawal of labor unions. The right to withdraw can not be restricted by the constitutions and bylaws of labor unions.
#미국 노동법 #연방노동관계법 #소극적 단결권 #노동조합 탈퇴 #노동조합 자치 #노동조합의 규약과 그 세칙 #the U.S. Labor Laws #NLRA #right to withdraw from all concerted actions #withdrawal from labor union #union autonomy #the constitutions and bylaws of labor unions

Contents

Ⅰ. 서론
Ⅱ. 노동조합 가입과 탈퇴의 자유 보장
Ⅲ. 전국단위 노조에서 지부노조의 가입과 탈퇴
Ⅳ. 결론
참고문헌
국문요약
Abstract

References (9)

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1. [보고서] - Benjamin Collins / 2012 / Right to Work Laws: Legislative Background and Empirical Research : 10 ~ 12 google schola 2. [학술지(정기간행물)] - James E. Pfander / 1992 / Federal Jurisdiction over Union Constitutions after Wooddell, Federal Jurisdiction over Union Constitutions after Wooddell / Vill. L. Rev 37 : 443 ~ google schola 3. [학술지(정기간행물)] - Michael M. Tamburini / 1987 / The Prohibition of Union Restrictions on Members’ Resignations under the National Labor Relations Act’s Policy of Voluntary Unionism, Pattern Makers’ League of North America v. NLRB / Wash U.J. Urb. & Contemp. L 31 : 419 ~ google schola 4. [학술지(정기간행물)] - Lawrence M. / 1986 / Burek Right to Restrain versus Right to Refrain: An Examination of Pattern Makers' League of North America v. NLRB / Pepp. L. Rev 13 : 710 ~ 711 google schola 5. [학술지(정기간행물)] - Eeward J. O’Connell / 1985 / Union Affiliations and the Rights of Nonunion Employees / Fordham L.Rev 53 : 1445 ~ 1448 google schola

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