Is it only labor union that can file relief of Q unfair labor profit?
We can say A. As well as labor union, it is labor union (including umbrella group) thinking that we received unfair labor profit or worker that can make a statement.
But it is only labor union that can file group negotiations refusal (Labor Union Law Article 7 No. 2).
We are going to ask agent for Q unfair labor profit relief procedure about motion. Must agent be lawyer?
A agent does not mind other than the lawyer either, but please note Attorneys-at-Law Act Article 72 (prohibition such as the handling of legal business of nonlawyer). But by agent cannot file.
We heard that act said to that it was unfair labor profit could not make one year into Q unfair labor profit relief statement from done day when it passed.
We crawl on A. That's right.
If once is only for, and the act concerned concludes, period when statement is possible is one year from the performed day, but is one year from the finished day if it is act to continue.
Generally, continuous expense support and continuous rejection of collective bargaining correspond with act to continue.
In addition, it is said that it is legitimate if statement of relief is done since the last payment of wage based on assessment for less than one year as wage payment based on discriminatory assessment is construed as "act to continue" as for the precedent.
(reference precedent) Beniya Corporation case (45 collection of most three oval gold coin Heisei 3.6.4 people 5 Paragraph 984, trouble size 595 six pages, seal time 1407 Paragraph 118)
Disadvantageous treatment such as discharge is not done by user, or Q unfair labor profit relief is uneasy by having made a statement.
In the A Labor Union Law, disadvantageous treatment to assume statements to labor relations board reason is prohibited for user. (Labor Union Law Article 7 No. 4)
How is examination of Q relief statement pushed forward?
Both parties attend by conduct of examination committee member appointed by altruistic member of, and A examination is carried out.
It is pushed forward by trial to perform taking of evidence about fact that there is of fight by committee member Surveys arranging of claim of both people concerned and documentary evidence and examination of witness, and contents of order are finally decided by consultation of altruistic member of meeting.
After Q statement, what will happen if we can be reconciled with each other on the way?
In the middle of examination of A relief statement, we may recommend settlement as labor relations board and can be reconciled with each other anytime till order is settled.
Case terminates by withdrawing statement when settlement is established at place of voluntary settlement by the person concerned or labor relations board, or receiving authorization of settlement.
We withdraw anytime, and is relief statement of Q unfair labor profit possible?
A libelant can withdraw all or part of statement anytime till precept is issued.
May user be punished by order of Q unfair labor profit?
Order of A labor relations board returns worker who by getting back to state before there was not of unfair labor profit mainly, was, for example, discharged in the case of discharge to the original workplace, and it is principle, and restitutio in integrum does not punish user so that it is said that we pay wage in the meantime.
When order includes dissatisfaction after copying of Q precept was issued, what should I do?
When A order includes dissatisfaction, both libelant and user can state reexamination for the Central Labour Relations Commission within a fixed period of time. In addition, we can file a suit for order cancellation in district court.