A tower crane union has, for the first time, secured the right to negotiate with a main contractor.
According to labor circles on the 21st, the Seoul Regional Labor Relations Commission the previous day ruled in favor of the Federation of Korean Trade Unions-affiliated Korea Tower Crane Operators Union in its "application for correction regarding the public notice of bargaining request" against Kukdong Engineering & Construction. This marks the first case in which a main contractor's employer status has been recognized for a crane union since the Yellow Envelope Act (revised Trade Union Act) took effect on the 10th of last month.
The union reportedly argued before the labor commission that Kukdong Engineering & Construction qualifies as an employer based on factors such as its involvement in directing operators' work and managing safety. The construction company denied employer status, claiming that the operators' legal employer is the equipment rental firm, but the commission did not accept this argument.
With Kukdong Engineering & Construction's employer status recognized, filings by the crane union with the labor commission are expected to increase again. The labor commission had previously declined to recognize employer status in cases involving Jungheung Construction and Jungheung Togun. However, with the first favorable ruling issued, workplaces that had postponed seeking the commission's judgment are expected to resume their requests. The tower crane union had previously withdrawn 90 out of 93 correction applications filed with the labor commission.
