A Study on U.S. Exclusive Representation and the Inspiration on Taiwan
Date Issued
2014
Date
2014
Author(s)
Lin, Tzu-You
Abstract
Starting from the effort to interpret the Section 4 of the Article 6 of the Collective Agreement Act, which was put into effect in 2011, I then compared the interpretation of the governmental authority and the purpose given by the Legislative Yuan with the text of the statute and I noticed the inconsistency between them. I inferred that the reason why the legislators have urged the party which has more than one representative to select a bargaining representative might be an attempt to adopt the exclusive representation, a unique system that the U.S. would be characterized as the role model.Without knowing a real reason, this attempt failed and the Section 4 of the Article 6 of the Collective Agreement Act turned out to be a mere declaration. But it is this attempt aroused my curiosity about the exclusive representation in the U.S. and led to my more in-depth analysis on exclusive representation. In this thesis, I anticipate to explore the reason why the National Labor Relations Act adopted this unique representation and how it has developed over time. Also, I am eager to understand the comments and analysis of exlcusive representation, which were made by the scholars in the U.S. All in all, I look forward to understanding the practical pros and cons of exclusive representation and hoping this thesis could shed light on Taiwanese legislators and policy makers.
To achieve my goal, I reviewed the legal history of the labor relations in the U.S. and then foused on the reason why exclusive representation were brought about in chapter 2 of this thesis. Then I analyzed and summarized the viewpoint of the U.S Supreme Court on exclusive representation based on the decisions made by the U.S. Supreme Court. In chapter 3, to gain insight into the advantages and disadvantages of exclusive representation, I compared the opinions of the U.S. Supreme Court with those comments made by the scholars in the U.S. After reflecting on the formation and development of exclusive representation in the U.S., in chapter 4, I addressed the multiple bargainnig representatives problem which happened in Taiwan and looked back on the thoery and the practice of labor’s fundamental rights in Taiwan so that the legal framework of labor relations in the past and at present could be sketched out. In this way, I could then inquire whether exclusive representation is compatible with the legal environment in Taiwan from a constitutional view and a practical view. From what I have analyzed in this thesis, in chapter 5, I concluded that exclusive representation is not compatible with the Constitution of the Republic of China and other labor relations- related laws.
Subjects
排他性協商代表制
國家勞工關係法
團體協約法
團體協商
勞動基本權
Type
thesis
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