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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/25 07:19
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Chapter Law Content

Chapter III
Article 12
The party that files the application for an unfair labor practice decision is the applicant and the other party is the respondent.
Both the applicant and the respondent are the parties concerned of the unfair labor practice dispute.
Article 13
When an applicant filing an application for an unfair labor practice decision in accordance with Article 40 of the Act, in addition to the application, such applicant shall provide five originals of relevant written explanation or its attached document, and provide transcripts or photocopies thereof in accordance with the number of respondents.
In case that an applicant appoints an agent, he/she shall also submit a written authorization.
Article 14
The Board may form a taskforce consisting of two to four board members.
After receiving the application for the unfair labor practice decision, the Board may designate the proper taskforce to conduct the preliminary review. The taskforce shall submit its review results to the standing board within seven days after the review.
For the preliminary review mentioned in preceding Paragraph, the taskforce may inform the parties to attend the meeting for an explanation when necessary.
Article 15
The Board shall reject an application for an unfair labor practice decision when it has one of the following situations:
1. Violation of Paragraph 2 to Article 39 of the Act.
2. Situation referred to in Paragraph 6 to Article 44 of the Act.
3. Applicant applies in the name of a labor union, but it is actually not a labor union prescribed in the Labor Union Act.
4. When a labor union files an application in accordance with Paragraph 1 to Article 6 of the Collective Agreements Act, but it is not qualified as a bargaining unit as prescribed in Paragraph 3 to Article 6 of the same Act.
In case that an application for an unfair labor practice is inconsistent with the requirements referred to in Article 40 of the Act, the Board shall order the applicant to correct them within a given period. If the applicant cannot make the correction after the expiration of the period, the Board shall reject the application.
The Board shall reject the application in a written decision, and the items listed therein, shall apply, mutatis mutandis, Article 47 of the Act.
Article 16
Except rendering decision for rejecting the application referred to in the preceding article, the Board shall send the transcripts or photocopies of application to the respondent, and may order the respondent to explain in writing.
Starting from the date of receiving the transcripts or photocopies of application, the respondent shall submit the written explanation referred to in the preceding paragraph within seven days.
Article 17
In the process of decision rendering, for the written explanation and its attached document, in addition to providing five originals to the Board, the parties shall voluntarily notify the other parties directly by means of transcripts or photocopies in accordance with the number of other parties.
In case of any dispute on whether or not the other parties have received the written explanation as prescribed in preceding paragraph, the parties who propose the question shall testify; if testification fails, a notice shall be supplemented.
Article 18
Applicant for an unfair labor practice decision may withdraw all or part of the application before the end of the final hearing procedure in which the Board has reached an unfair labor practice decision in accordance with Article 46 of the Act. However, if the respondent has already made oral statements in the hearing procedure, his/her consent shall be acquired.
Withdrawal of application for an unfair labor practice shall be made in writing. However, before the end of final hearing procedure in which the Board has reached an unfair labor practice decision, the withdrawal may be made orally to the Board.
Withdrawal that is made orally shall be recorded in the minute book, and it shall be sent to the respondent if he/she is not present.
Within seven days after the application for an unfair labor practice decision is withdrawn, the Board shall notify the respondent of the withdrawal.
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