First session was led by Professor Chiu, a veteran in the labor movement, highlighted the historical development of autonomous unions in Taiwan, emphasizing the crucial role played by the Taiwan Labor Alliance during the Japanese colonial period and the challenges for unions under authority’s persecution where unions could either align with political parties or functioned solely to provide insurance coverage.

 

Professor Chiu's famous quote, "organizing a union is a basic right of the people," resonated throughout the discussion. The potential power of seafarers' unions was highlighted, drawing examples from Hong Kong, the UK, and Greece, where seafarer strikes significantly impacted the global economy. The importance of active participation in unions was emphasized to ensure legal protection against unfair treatment by employers.

 

The second session was facilitated by Professor Lin Jia-He, a distinguished figure in the field of law. He firstly explained the relationship between unions and employers in four levels:

 

1. The Union Law: globally, union laws predominantly define regulations concerning union affairs, leave entitlements, and freedom of speech. However, in Taiwan, there is a unique situation where courts permit employers to request the withholding of union certificates.
2. Negotiation: negotiation practices diverge between Germany and the United States. Germany places emphasis on the practical capabilities of unions, whereas the United States has instituted a structured system of collective bargaining procedures, with the state serving as an arbiter.
3. Labor Disputes: various strategies were employed by both labor and management during negotiations. Labor tactics often involve collective refusal to provide services through strikes, while on the management side, actions such as factory closures and withholding wages may be utilized.
4. Collective Decision-Making: this concept is also referred to as co-management and co-decision-making. Taiwan stands out uniquely in this regard, as it incorporates both these practices, alongside the European model. This involves the presence of labor directors and the conduct of labor-management meetings.

 

The lecture also delved into improper labor practices and collective bargaining agreements. This entails that employers are prohibited from treating workers adversely for participating in union activities, and they are obligated to respond to union requests.

 

Regarding improper labor practices, while it is illegal for employers to terminate employment or reduce wages due to workers' participation in union activities, a lack of active participation or union membership makes it challenging to claim protection under the Union Act. Consequently, the union may lack standing to provide assistance at critical moments. Therefore, it is advisable for workers to actively participate in union activities and understand their rights and protections through labor education courses.

 

Transitioning to collective agreements, which typically consist of obligation and normative clauses. When the union puts forth collective bargaining requests that align with these criteria, the company is obligated to provide counterproposals and participate in negotiations—unless issues arise with the content, time, location, or manner of the union's demands. Should the company fail to respond or refuse to provide information within a 60-day period, it is deemed a lack of good faith bargaining. In such cases, the union has the option to initiate a dispute resolution process for improper labor practices.

 

The union carefully plans labor education courses, understanding knowledge as a crucial guide. These courses aim to unite members, cultivate strong leaders, and empower everyone with a deep understanding of workers' rights. This knowledge fosters rapid growth, enabling members to collaboratively improve working conditions, create a friendly workplace, and ultimately achieve the goal of labor-management harmony.