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Record W2261045718

논문 : 에이전시 숍 법리와 우리 노동법에의 도입검토

2013· article· ko· W2261045718 on OpenAlexaboutno aff
최윤희

Bibliographic record

Venue일감법학 · 2013
Typearticle
Languageko
FieldSocial Sciences
TopicLabor Movements and Unions
Canadian institutionsnot available
Fundersnot available
KeywordsCollective bargainingAgency (philosophy)Collective agreementLabour lawTrade unionLaw and economicsBusinessLawPolitical scienceEconomicsLabour economicsSociology
DOInot available

Abstract

fetched live from OpenAlex

I have reviewed the agency shop theory in this paper and tried to find a way to introduce this shop agreement into the Korean labor law. As is well known, the agency shop agreement was first formulated by the “Rand Formula” in the Ford Motor Co. case of Canada in 1946. And ever since, the formula became one of the main union security agreements acknowledged by the courts of Canada, U.S.A., U.K., and etc. The core of the agency shop agreement is that a trade union that is the bargaining representative for employees in a bargaining unit can make a collective agreement between the union and the employer of the employees a provision requiring the employer to deduct from the wages of each employee in the unit affected by the collective agreement, whether or not the employee is a member of the union, the expense of the union`s collective bargaining, collective agrement establishment and any other necessary expense thereof. The money deducted from each employee shall be in the amount of no more than the initiation fees and periodic dues of a union member, so as to prevent any compulsory membership against an individual worker`s will. The main focus of the agency shop is to prevent a ‘free rider` from the perspective of the union and its members regarding the establishment of a collective agreement and its beneficiaries. On the other while, there are some other legal concerns about the agency shop agreement. Two of the most frequently raised concerns are the protection of an individual worker`s religious belief, and the usage of the deducted expense for purposes other than the establishment of a collective agreement contrary to the expectation of non-union member workers. In the paper, I have reviewed how the two concerns are dealt with by the judicial authorities of Canada, U.S.A. and U.K. Despite the concerns about the agency shop, I find that the agency shop is one of the most practical and effective way to properly adjust the sometimes conflicting interests of unions and individual workers with a view to contributing to the idea of enhancing the economic and social status of workers and finally making peaceful industrial relations, which is the goal of the labor law. That is also the reason why the courts and labor authorities of Canada, U.S.A., and U.K. adhere to the principle of keeping agency shop agreement in a workplace. Under the current Korean labor law which allows multiple unions in a workplace, I want to suggest the agency shop agreement as a future solution of harmonizing the conflicting demands of union security and individual worker`s freedom of association.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.003
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.016
Threshold uncertainty score0.054

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.003
Meta-epidemiology (narrow)0.0010.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0010.002
Science and technology studies0.0030.009
Scholarly communication0.0050.009
Open science0.0020.003
Research integrity0.0030.005
Insufficient payload (model declined to judge)0.0160.006

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.014
GPT teacher head0.276
Teacher spread0.261 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2013
Admission routes1
Has abstractyes

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