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논문검색

미국과 캐나다의 노사분쟁조정제도의 고찰

원문정보

A Study on the System of Labor Dispute Mediation in the U.S. and Canada

이상국

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초록

영어

In a capitalistic society, diverse members of the society recognize various problems caused by the intrinsic contradiction and they make complaints or use collective force as a way to solve such problems. One of such phenomena is the conflict of labor-management issues, and the system of labor dispute mediation is presented as one of the solution methods. The patterns of labor disputes are divided into a collective dispute between the trade union and the management and an individual dispute between employees and the management. They can also be classified as a dispute for profit or one for right according to their characteristics. In the United States and Canada, the Federal Mediation and Conciliation Service (FMCS) is in charge of the affair of mediating labor disputes. In the U.S., the FMCS mediates existing labor disputes, offers mediation to prevent labor disputes from occurring, settles the dispute for profit in the public sector, mediates the dispute for right in the private sector, assists business corporations in their efforts to develop the system of labor-management relations, gropes for effective alternatives to settle disputes and advises on the collective bargaining, provides education to refine the technique of collective bargaining and carries out publicity activities. In Canada, the FMCS mediates the disputes related with collective bargaining, offers complaint-settlement service, provides training to better labor-management relations and gives financial support to improve the relations between the management and the labor union within the jurisdiction of the federal government.

목차

ABSTRACT
 I. 序說
 II. 美國의 紛爭調整制度
  1. 勞動政策의 紛爭의 特性
  2. 勞動紛爭의 發生現況
  3. 美國의 紛爭調整機構
 III. 캐나다의 紛爭調整制度
  1. 캐나다 勞動行政의 體系
  2.. 聯邦調整軒施廳(FMCS)의 勞動紛爭調整
  3. 캐나다 勞使關係委員會(CIRB)
 IV. 結論

저자정보

  • 이상국 동아대학교 법학과 교수, 법학박사, 법무법인 바로세움, 공인노무사

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자료제공 : 네이버학술정보

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