美國鎖廠法制發展之研究──兼論對我國法之啟示

Abstract

相對勞方之爭議行為，資方爭議手段在我國少有著墨。惟即便以保障勞方權益之目的為依歸，對於資方爭議行為的定義及其合法性界線，仍有探討與定義之必要性。因此，本研究聚焦在資方典型的爭議手段之鎖廠行為，並以美國作為觀察之對象。 本論文於第二章介紹美國對於鎖廠之定義及其類型，並於第三章論述鎖廠合法性之整體脈絡。奠基在對於美國勞動領域發展上，不同時期相異的政策方向與目標的觀察，進一步探討國家勞工關係局對於鎖廠合法性判斷的變化，並更為具體且細節性的聚焦於關鍵案例進行分析。 第四章則針對與鎖廠發動密切相關的附隨手段，亦即鎖廠後是否得以使用暫時性替代人力之議題進行討論。最後則在第五章中，回顧前述對於美國鎖廠法制的相關觀察，並提出本文之見解。 本論文希冀透過對於美國鎖廠法制發展的觀察，檢視我國法現行之法制度，並借鏡其鎖廠的發展脈絡與歷程，提出對我國未來修法方向值得參考之處。

Compared to the weapons that labors could legally use in labor-management confrontations, the legal weapons for employers to use during disputes were seldom well-discussed. However, to achieve the goal of balancing the power between labors and employers, making the clear definition and setting up the boundary of the use of legal acts that employers could take during disputes would be a need. This study would focus on the main weapon of employers, lockout, and observe the development of U.S. lockout. The definition of lockout and the types of lockout would be introduced in chapter 2. And in chapter 3, this study would analyze the history of the legality of lockout in the U.S. through different aspects. With the changing policy and the legislation, National Labor Relations Board and the U.S. supreme court had different judgements toward the legality of lockout. Also this study would scrutinize the facts of the leading cases, and analyze the context of lockout with all the details. In chapter 4, this study would take the discuss further to the issue of whether the replacement workers could be hired during the lockout. And finally in chapter 5, reviewing the development of lockout, including opinions of the U.S. supreme court, perspectives of National Labor Relations Board and comments of scholars, this study would propose the possible direction of legislation of lockout in the future based on the observation mentioned above.