Hanwha Ocean said it will respond strictly according to the law to the illegal occupation and sit-in of cranes at its Geoje plant in South Gyeongsang by the Geoje-Tongyeong-Goseong shipbuilding subcontractors’ branch of the Korean Metal Workers’ Union.
The shipbuilding subcontractors’ branch says it intends to hold joint bargaining with Hanwha Ocean together with the union of Welliv (the Welliv branch), a Hanwha Ocean partner that operates cafeteria services and commuter buses, while Hanwha Ocean says it cannot hold collective bargaining with the Welliv branch.
Hanwha Ocean issued a statement on the 1st saying, “We express very serious regret over the shipbuilding subcontractors’ branch launching an illegal high-altitude sit-in by occupying cranes.”
Hanwha Ocean said, “As the subcontractors’ branch demanded performance bonuses for both the subcontractors’ branch and the Welliv branch and then proceeded to occupy cranes, which are essential operating production facilities, this constitutes an illegal occupation that significantly exceeds the normal threshold for the legitimacy of industrial action, and it clearly violates the Trade Union and Labor Relations Adjustment Act and could also constitute the crime of obstruction of business.” It added, “We plan to respond to bargaining and to the illegal sit-in occupation in line with the procedures and principles set by law.”
Six executives of the Geoje-Tongyeong-Goseong shipbuilding subcontractors’ branch, composed of workers employed by Hanwha Ocean’s subcontractors, climbed two 30-meter-high cranes and a 25-meter-high roof at the Geoje plant the previous day and began a sit-in. Earlier, starting on Apr. 13, the shipbuilding subcontractors’ branch had been staging a tent sit-in with the Metal Workers’ Union’s Welliv branch of Welliv, a partner that operates in-house cafeterias (meals), commuter buses, and laundries at Hanwha Ocean, demanding collective bargaining with Hanwha Ocean.
The shipbuilding subcontractors’ branch is demanding joint bargaining with management together with the Welliv branch. However, Hanwha Ocean says it can conduct collective bargaining with the shipbuilding subcontractors’ branch but cannot agree to collective bargaining with the Welliv branch.
Hanwha Ocean said, “If even now the subcontractors’ branch changes its position and says it will bargain with the company on its own, excluding the Welliv branch, the company’s position remains unchanged that it will immediately agree to bargain with the subcontractors’ branch,” adding, “However, because the subcontractors’ branch is insisting that it cannot bargain unless it is joint bargaining with the Welliv branch, there has been no progress in bargaining with the subcontractors’ branch.”
On July 20, Hanwha Ocean filed an administrative lawsuit with the Seoul Administrative Court the same day, challenging the Central Labor Relations Commission’s ruling recognizing Hanwha Ocean’s status as an employer of the Welliv branch. This is the first administrative lawsuit filed since the yellow envelop bill (Trade Union and Labor Relations Adjustment Act as amended) took effect in March. On the same day, Hanwha Ocean also sought an injunction to stay execution of the Central Labor Commission’s decision and is awaiting the result.
Hanwha Ocean’s position is that because Welliv is a service agency contracted through competitive bidding, it cannot recognize the company’s employer status. It says there is no employment contract relationship with the Welliv branch.
Hanwha Ocean said, “Even compared with other companies’ cases, it is difficult to accept legally,” adding, “The legal steps, including the application to stay execution and the administrative lawsuit related to bargaining with the Welliv branch, seek a clear court ruling on the scope of recognizing employer status between a prime contractor and a subcontractor.” Hanwha Ocean said, “If the court finds there is an obligation to bargain, we will respect that and proceed with follow-up steps.”
Early this year, Hanwha Ocean paid a total of 89 billion won in performance bonuses to about 10,000 partner company workers by applying the same rate as for prime-contractor employees.
Source: ChosunBiz
