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Chapter II Bargaining and Concluding of Collective Agreement
Article 6
Both the labor and the management shall proceed in good faith when bargaining for a collective agreement; any party without justifiable reasons cannot reject the collective bargaining proposed by the other party.
Without justifiable reasons referred to in the preceding paragraph denote to one of the following situations when one party proposes collective bargaining to the other party with bargaining qualification:
1.Rejecting to bargain when the contents, time, place and methods of bargain proposed by the other party are reasonable and proper.
2.Failing to offer counter-proposal within sixty days after receiving written notice of bargaining from the other party and proceed to bargain.
3.Rejecting to provide necessary information and materials for bargaining.
The labor side with bargaining qualification in accordance with the preceding paragraph denotes to the following labor unions:
1.The corporate union.
2.The industrial union whose members are joined by more than one half of employees employed by the other party of bargaining.
3.The professional union whose members are joined by more than one half of employees with the same professional skills employed by the other party of bargaining.
4.Several labor unions which are not pursuant to the preceding three sub-paragraphs and whose members in total are joined by more than one half of employees employed by the other party of bargaining.
5.The labor union which is determined by the decision rendered in accordance with provisions of the Settlement of Labor-Management Disputes Act.
When more than two labor unions on the labor side, or more than two employers or employer organizations on the management side, propose to bargain, the other party may request them to select bargaining representatives; if they cannot select bargaining representatives, the representatives can be selected in accordance with its percentage in total membership.
As if the negotiation period of collective agreement between the labor and the management sides have exceeded six months and is determined by the decision in accordance with the Act for Settlement of Labor-Management Disputes in violation of the stipulation concerning rejection to negotiate without justifiable reasons referred to Paragraph 1 and Subparagraph 1 or 2 of Paragraph 2, the municipal or county/city competent authority concerned may turn the case over for arbitration after considering the interests for both parties and the possibility of concluding a collective agreement; except both the labor and management sides have agreed otherwise.
Article 7
When the labor side or the management side providing information and materials for bargaining a collective agreement may request the other side to keep them in confidentiality and pay necessary expenses.
Article 8
When a labor union or an employer organization bargains a collective agreement, its bargaining representatives shall be selected by one of the following methods:
1.In accordance with its charter.
2.In accordance with the resolution of its members or member representatives meeting.
After noticing all members and receiving written consents from more than one half of total members.
Unless written consent is obtained from the other side, bargaining representatives referred to in the preceding paragraph shall be limited to members of labor union or employer organization.
The number of bargaining representatives referred to in the first paragraph shall be limited to that necessary for bargaining the collective agreement.
Article 9
In addition that there are provisions in the charter, a labor union or an employer organization concluding a collective agreement shall obtain the resolution which has been passed by more than two-thirds of attending members or member representatives who account for at least one half of members or member representatives of the member or member representative meeting, or obtain written consents of no less than three-fourths of all members after noticing them.
If a collective agreement is concluded without following the provision referred to in the preceding paragraph, it shall not become effective unless the procedures referred to in the preceding paragraph have been completed and an approval has been obtained.
Article 10
After a collective agreement is concluded, the party from the labor side shall submit it to the competent authority for review and record; the foresaid provision shall apply when the agreement is amended or terminated.
The following collective agreement shall be approved before concluding, otherwise, it cannot have any effect:
1.When one party is a public-owned business entity, the agreement shall be approved by its competent authority.
2.When one party is a subordinated agency (institute) or a school of the Ministry of Defense, the agreement shall be approved by the Ministry of Defense.
When one party is a government agency (institute) or a public school not included in the preceding two sub-paragraphs but with superior competent authority, the agreement shall be approved by its superior competent authority. However, when janitors (including technicians and drivers) are involved, the agreement shall be approved by the Central Personnel Administration of Executive Yuan.
Article 11
Both parties of the collective agreement shall publicly disclose the agreement, and shall prepare one photocopy of the agreement for members involved to review at any time.