(1) Where at least two trade unions established or joined by workers exist in one business or one place of work regardless of the type of organization, trade unions shall determine a bargaining representative trade union (including a representative bargaining organization, the constituent members of which are members of at least two trade unions; hereinafter the same shall apply) and request the same to bargain; provided, this shall not apply where an employer gives a consent not to undergo procedures for the simplification of bargaining windows prescribed in this Article within the period for autonomous determination of a bargaining representative trade union pursuant to paragraph (3). <Amended on Jan. 5, 2021>
(2) In cases falling under the proviso of paragraph (1), an employer shall faithfully bargain with all the trade unions which have requested bargaining, and shall not treat them discriminately. <Added on Jan. 5, 2021>
(3) All the trade unions that have participated in the procedures for determination of a bargaining representative trade union (hereinafter referred to as "procedures for the simplification of bargaining windows") shall determine a bargaining representative trade union autonomously within the period prescribed by Presidential Decree. <Amended on Jan. 5, 2021>
(4) Where the trade unions fail to determine a bargaining representative trade union within the period pursuant to paragraph (3) and to obtain consent of the employers pursuant to the proviso of paragraph (1), a trade union organized by a majority of the entire members of the trade unions that participated in procedures for the simplification of bargaining windows (including cases where at least two trade unions become the majority of the entire members of the trade unions which participated in the procedures for the simplification of bargaining windows by delegation, coalition, etc.) shall become the bargaining representative trade union. <Amended on Jan. 5, 2021>
(5) Where the trade unions fail to determine a bargaining representative trade union pursuant to paragraphs (3) and (4), every trade union that has participated in the procedures for the simplification of bargaining windows shall jointly organize a bargaining delegation (hereafter in this Article referred to as "joint bargaining delegation") and bargain with the employers. In such cases, a trade union that is eligible to participate in the joint bargaining delegation shall be a trade union whose number of members are not less than 10/100 of the total members of the trade unions that participated in procedures for the simplification of bargaining windows. <Amended on Jan. 5, 2021>
(6) Where trade unions fail to organize a joint bargaining delegation pursuant to paragraph (5), the Labor Relations Commission may determine the same in consideration of the ratio of trade union members at the request of the relevant trade unions. <Amended on Jan. 5, 2021>
(7) Where any trade union has an objection to the fact of request for bargaining, the number of members of a trade union, and similar matters in determining a bargaining representative trade union under paragraphs (1) and (3) through (5), the Labor Relations Commission may decide on such objection at the request of the trade union as prescribed by Presidential Decree. <Amended on Jan. 5, 2021>
(8) Articles 69 and 70(2) shall apply mutatis mutandis to the procedures for dissatisfaction with and effect on the determination made by the Labor Relations Commission pursuant to paragraphs (6) and (7). <Amended on Jan. 5, 2021>
(9) Matters necessary for procedures for the simplification of bargaining windows, such as request for bargaining and method of participation by trade unions, and the criteria for calculation of the number of trade union members for determination of a bargaining representative trade union, and prevention of increase in bargaining expenses, etc. shall be prescribed by Presidential Decree. <Amended on Jan. 5, 2021>
(10) The number of trade union members under paragraphs (4) through (7) and (9) shall be calculated on the basis of the number of trade union members who are employed workers. <Added on Jan. 5, 2021>[This Article Added on Jan. 1, 2010]