The Development And Reflection Of Discrimination Unfair Labor Practices

Discrimination unfair labor practices, also short for discriminations,referring to all kinds of disparate treatment practices, is the majority in improper labor practices. In the legal system of United States, Japan and the Taiwan province, it has been a mature system of authentic types of unfair labor practice and remedy measures. As the alternative and assistant system in collective bargaining, the legal system of discrimination in unfair labor practice is urged to construct.Referring to the definition of discrimination unfair labor practice, differences exist in the law of the United States, Japan and Taiwan province. The regulations about discrimination between the two countries vary a lot, notwithstanding the Japanese legal system of unfair labor practice is derived from the United States. In the United States legal system, there is employer’s discrimination unfair labor practice aside from union’s. But different from the United States, there is no concept of union unfair labor practices in Japanese legal system. Since the legislation of unfair labor practice in Taiwan province according to Japan, the definitions about discrimination are similar.The elements of discrimination are different due to each country. For the elements of discrimination, the United States holds the dual subject system while Japan and Taiwan province insist single system. The consequences are in labor relations, payment and spirits resulting from discrimination. Different opinions are arising from the confirmation of subject attitudes toward the discrimination. And there are different handling methods in different theories when coming to concurrence of reasons.The remedies for discrimination unfair labor practice vary from different countries. The major means of remedy in the United States is administrative remedy released by NLRB, while the remedy in Japan is mixed with administrative and judicial measures. In Taiwan province the means of remedy is different from counties above for the majority is administrative remedy while it depending on whether involving private rights or not. Afterwards, civil or administrative action will be chosen according to specific reason.In our country, due to the legislation of discrimination unfair labor practice dispersing in the Trade Union Law of the People’s Republic of China, regulations for the Measures on Implementing the Trade Union Law of the People’s Republic of China and Regulation on Collective Contracts, the legal system of discrimination is very immature and the executing has been blamed all the time. It will be beneficial to legislating statutory law and procedural law in unfair labor practices to identify the discrimination practices and enforce remedy actions.This article observes relevant law and legal cases from the United States, Japan and Taiwan province, in order to provide suggestions for perfecting the definition of discrimination in unfair labor practice, constructing the relevant legal system and finally amending the current unfair labor practice system.