美國與日本不當勞動行為裁決機制之研究

侯岳宏

doi:10.6990/CLR.201004_(114).0005

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P301 - 382

Social Sciences > Law

DOI： 10.6990/CLR

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美國與日本不當勞動行為裁決機制之研究

A Study of Relief for Unfair Labor Practices: Lessons from the U.S.A. and Japan

侯岳宏(Yueh-Hung Hou)

政大法學評論； 114期 (2010 / 04 / 01) ， P301 - 382

繁體中文 DOI： 10.6990/CLR.201004_(114).0005

不當勞動行為；勞動委員會；團體協約法；工會法；勞資爭議處理法；裁決制度； Unfair Labor Practices ； Labor Relations Commission ； Collective Agreements Act ； Labor Union Act ； Settlement of Labor Disputes Act ； Labor Dispute ； Trade Union

Abstract │ Reference (92) │ Times Cited (13) │ Altmetrics

Abstract 〈TOP〉

Parallel Abstract 〈TOP〉

The issue of labor disputes, particularly unfair labor practices, has become a real challenge to the government of Taiwan. Under the Labor Union Act, employers are prohibited from refusing to hire, dismiss, or otherwise unfairly treat workers because they are labor union members. However, employers have in practice sometimes dismissed labor union leaders without reasonable cause or laid them off under the guise of employee cutbacks, and observers have pointed out that the law is subject to no specific penalties for such violations. In addition, the Collective Agreements Act provides for collective bargaining, but does not make it mandatory. In recent years, the Council of Labor Affairs (CLA) has pushed for amendments to the major labor laws, including the Labor Union Act, the Collective Agreements Act, and the Settlement of Labor Disputes Act, which would encourage cooperative and collective bargaining and deter unfair employer and union labor practices. These amendments would establish an administrative agency to regulate unfair labor practices. This paper aims to introduce the organization and procedures of the National Labor Relations Board in the U.S.A. and the Labor Relations Commission in Japan concerning the handling of cases involving unfair labor practices, and it present some proposals to improve our system.

Reference ( 92 ) 〈TOP〉

吳育仁(2003)。美國勞資集體協商政策中經營管理權和工作權之界限：從協商議題之分類與法律效果觀察。國立臺灣大學法學論叢，32(1)，81-117。
連結：
侯岳宏(2009)。概論二OO四年日本勞動組合法中關於不當勞動行為制度之修正。政大法學評論，107，229-269。
連結：
鄭津津(2002)。我國勞資爭議處理制度之現況與檢討。國立中正大學法學集刊，6，65-104。
連結：
(1985)。現代労働法講座14 •労働争訟。
(1982)。現代労働法講座7 •不当労働行為 I。

Times Cited ( 13 ) 〈TOP〉

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