Interim Report - Report No 68, 1963

Case No 179 (Japan) - Complaint date: 30-APR-58 - Closed

1. 59. When the Committee continued its consideration of this case at its meeting in October 1962, it submitted to the Governing Body the interim report contained in paragraphs 198 to 384 of its 66th Report.
2. 60. Paragraph 384 of the Committee's 66th Report, which was approved by the Governing Body at its 153rd Session (November 1962), contains the recommendations of the Committee and reads as follows:
3. 384. In all the circumstances the Committee, recalling once again that when the Governing Body, at its 149th Session (June 1961), adopted the recommendations contained in paragraph 188 of the Committee's 54th Report, it drew the attention of the Government of Japan to the importance which it attaches to a number of principles in question in the present case, recommends the Governing Body:
4. (1) with regard to the position concerning the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87):
   • (a) to take note of the Government's statement in its communication dated 14 September 1962 that, following the election of the House of Councillors on 1 July 1962, the National Diet met from 4 August to 2 September 1962 and that, owing to the shortness of that session and to the considerable time devoted thereat to procedural matters relating to the composition of the House of Councillors, it was not possible to deal at that session with the passage of the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87);
   • (b) to take note of the further statements by the Government in its communication dated 14 September 1962 to the effect:
   • (i) that the informal negotiations between representatives of the government and opposition parties referred to in paragraph 25 (a) of the 64th Report of the Committee cited in paragraph 204 above were re-opened to settle the points at issue in the said Bills in the course of the session of the National Diet which ended on 2 September 1962;
   • (ii) that talks between the said representatives were held on several occasions and efforts were made to adjust the dissenting opinions, with the result that further progress was made compared with the situation previously prevailing, although final agreement could not be obtained before the session closed on 2 September 1962;
   • (iii) that the government and opposition parties have agreed that the negotiations will be continued between sessions aiming at the passage of the said Bills in the next session of the Diet and that information will be furnished as to further developments in this connection;
   • (c) to express once again its keen disappointment, having regard to the many previous assurances given by the Government from 25 February 1959 onwards, as indicated in paragraph 109 (b) of the 60th Report of the Committee and in paragraph 25 (c) of the 64th Report of the Committee, with reference to the intention to ratify the said Convention, that yet again a session of the Diet has ended without approval being given to the Bills related to such ratification;
   • (d) to express the hope that the Government will submit the Bills in question as a matter of priority to the next session of the Diet;
   • (e) to request the Government to be good enough to furnish information as to further developments in this connection;
   • (f) to urge the Government once again, having regard to its expressed intention of ratifying the said Convention, to endeavour, pending such ratification, to avoid any measures being taken which might run counter to the principles contained in the Convention;
5. (2) with regard to the remaining allegations:
   • (a) to decide that, in view of the assurance given by the Government in its communication dated 22 January 1962 referred to in paragraph 382 above, the allegations relating to the check-off of union dues do not call for further examination;
   • (b) to decide, with respect to the allegations relating to the denial of the right to strike and to the lack of compensatory guarantees (affecting organisations subject to the Local Public Service Law):
   • (i) to reaffirm the importance which the Governing Body has always attached to the principle that, where strikes are prohibited, there should be other means of redress;
   • (ii) to suggest to the Government once again, recalling its earlier specific statement that it intends to amend the Local Public Enterprise Labour Relations Law to provide for arbitration machinery whose awards shall be binding in the case of employees of local public bodies who are not designated local public servants, that it should consider the advisability of adopting the widespread practice of bringing local public servants also within the scope of similar machinery;
   • (iii) to suggest to the Government once again that it may care to consider what steps can be taken to ensure that the different interests are fairly reflected in the numerical composition of the Personnel Commissions and that all the neutral or public members of the Commissions are persons whose impartiality commands general confidence;
   • (iv) to suggest to the Government once again that it may care to consider also the advisability of providing that each of the respective parties concerned shall have an equal voice in the appointment of the members of the Personnel Commissions;
   • (v) to suggest to the Government that it may also take account, in the case of the Equity Commissions, of the suggestions contained in subparagraphs (iii) and (iv) above;
   • (c) to decide, with regard to the allocations relating to matters covered by the negotiating rights of organisations of civil servants:
   • (i) to take note of the Government's statement that Rule 14.0 of the National Personnel Authority, which provides that negotiation shall not include disciplinary matters, will be rescinded when the Bill to amend the National Public Service Law is enacted, and that no such restrictive provisions will exist thereafter;
   • (ii) to express the hope that the Government will take the steps which it has indicated it has in contemplation and to be good enough to keep the Governing Body informed as to further developments in this connection;
   • (d) to take note of the present interim report of the Committee with regard to the allegations relating to acts of anti-union discrimination (Japan Teachers' Union), to interference with the National Railway Workers' Union and with the adhesion of workers to it, to restriction of the scope of organisations, to collective bargaining by organisations of employees of local public enterprises and to acts of interference with regard to unions affiliated to the All-Japan Prefectural and Municipal Workers' Union, it being understood that the Committee will report further thereon to the Governing Body when it has received additional information which it has decided to request from the Government.
6. 61. Since the Committee met in October 1962 further documents of complaint, dated 12 October 1962 and 25 January 1963, have been received from the General Council of Trade Unions of Japan.
7. 62. The Government, in communications dated 19 October 1962, 25 January 1963 (two communications), 1 February 1963 and 13 February 1963, has furnished further observations on several of the matters referred to in paragraph 60 above.
8. 63. Japan has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. A. The complainants' allegations

• Position with Regard to the Ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)
  64. 64 With regard to this aspect of the case, concerning which the Committee, in October 1962, submitted to the Governing Body the recommendations in paragraph 384 (1) of its 66th Report cited in paragraph 60 above, the Government gives the following information in one of its two communications dated 25 January 1963.
  65. 65 The Government explains that when the National Diet met from 8 to 23 December 1962 in extraordinary session it had to deal, in that short period, with certain matters of urgent importance: Bills to relieve displaced coal miners and Bills concerning pay revision for public employees and supplementary budget estimates related thereto. After indicating that the informal negotiations between the representatives of the government and opposition parties concerning matters related to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), of which the Government has informed the Committee from time to time, continued to be held, the Government states that the urgent business referred to above gave rise to much conflict of opinion during the extraordinary session of the Diet and that it was not possible to reach final agreement on the Bills connected with the ratification before the session closed, but that the Liberal Democratic Party and the Socialist Party agreed that they, while keeping on the negotiations, would continue their efforts with a view to passing these Bills in the following ordinary session of the Diet. In these circumstances the Bills were not introduced during the extraordinary session. The Government adds that information will be furnished as to further developments in this connection.
  66. 66 In its communication dated 13 February 1963 the Government states that the Prime Minister declared, in his policy speech on 23 January 1963, when the ordinary session of the Diet was resumed: " The Government's basic policy of ratifying the I.L.O. Convention No. 87 as soon as possible remains unchanged. The Government is to present the said Convention together with the related Bills to the current Diet session for approval ". In the course of discussion at the plenary sitting of the Diet and the meetings of the Diet committees, he also stated: " The Government is to submit the I.L.O. Convention No. 87 to the current Diet session for your deliberations, expecting strongly that the Diet will approve it". The Minister of Labour made several statements to the same effect. The Government declares, therefore, that it is making preparations to enable it to submit to the Diet at the earliest possible date the Bill for the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Bills to amend the related domestic laws. The Government also states that informal negotiations were held on 6 February 1963 between the representatives of the government and opposition parties who are in charge of the question of ratification and that agreement was reached to continue efforts to secure the approval of the Bills relating to the ratification of the Convention during the current session of the Diet; they also agreed to continue negotiations to settle the points at issue relating to the said Bills. The Government promises to furnish information as to further development.
  67. 67 In these circumstances the Committee recommends the Governing Body:
      • (a) to take note of the Government's explanation, in its communication dated 25 January 1963, as to the reasons which prevented the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) being submitted to the extraordinary session of the Diet which met from 8 to 23 December 1962;
      • (b) to take note of the statement of the Prime Minister of Japan on 23 January 1963, referred to in the Government's communication dated 13 February 1963, that the Government is to present the said Convention with the related Bills to the current Diet session for approval and of his statement to the Diet that the Government expects strongly that the Diet will approve it;
      • (c) to take note of the Government's further statement that, accordingly, it is making preparations to submit to the Diet at the earliest possible date the Bill for ratification of the said Convention and the Bills to amend the related domestic laws, and that further informal negotiations have been held between representatives of the government and opposition parties, who reached agreement to continue efforts to secure the approval of the Bills relating to the ratification of the Convention during the current session of the Diet;
      • (d) to express the hope that the Government, in accordance with the expressed intention of the Prime Minister, will present the Bill to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) to the current session of the Diet, at the earliest possible date, for approval, and that such approval will be obtained during the present session of the Diet in accordance with the expectation of the Government as expressed by the Prime Minister;
      • (e) to request the Government to inform the Governing Body prior to its next session (May 1963) of the action taken.
  68. Allegations relating to Acts of Anti-Union Discrimination (Japan Teachers' Union)
  68. 68 These allegations were further examined by the Committee at its meeting in October 1962 and dealt with in paragraphs 224 to 287 of its 66th Report.
  69. 69 The Committee now has before it further observations from the Government contained in communications dated 19 October 1962 and 1 February 1963, the latter having been received as recently as 6 February 1963. As considerable evidence has now been submitted to the Committee with respect to this aspect of the case, the Committee, considering that it needs more time to give careful consideration to this evidence, has decided to postpone until its next session the formulation of its definitive conclusions to the Governing Body.
• Allegations relating to Interference with the National Railway Workers' Union and with the Adhesion of Workers to It
  70. 70 At its meeting in October 1962 the Committee submitted an interim report to the Governing Body in paragraphs 288 to 316 of its 66th Report, as it was awaiting the outcome of an appeal instituted by the National Railways Authority against certain findings of the Public Corporation and National Enterprise Labour Relations Commission.
  71. 71 As the Government indicates in its communication dated 1 February 1963 that the appeal is still pending before the Tokyo District Court, the Committee requests the Government to be good enough to forward a copy of the judgment when it has been handed down.
• Allegations relating to Acts of Interference with Regard to Unions Affiliated to the All-Japan Prefectural and Municipal Workers' Union
  72. 72 These allegations were further examined by the Committee at its meeting in October 1962, when the Committee submitted to the Governing Body the interim report contained in paragraphs 368 to 377 of its 66th Report.
  73. 73 At that time the Committee requested the Government to be good enough to furnish information as soon as possible as to the results of any further investigations that it might have made into the specific cases of interference alleged and copies of finding made by the Equity Commissions, Courts, Appeal Courts or other instances with regard to certain of those cases which the Government stated had been brought before them.
  74. 74 It appears from the Government's communication dated 1 February 1963 that proceedings in a few of these cases have not yet been concluded.
  75. 75 In these circumstances the Committee requests the Government to be good enough to furnish information as soon as possible as to the outcome of the proceedings still pending in these cases and of any further investigations in particular cases that may have been made.
• Allegations relating to Restriction of the Scope of Organisations and to Collective Bargaining by Organisations of Employees of Local Public Enterprises
  76. 76 At its meeting in October 1962 the Committee dealt with these matters in paragraphs 329 to 367 of its 66th Report. Observing that these questions would be affected by amendments which the Government intended to make to the legislation in connection with the proposal to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Committee decided to await the outcome with regard to the said amendments before submitting its final recommendations on these allegations to the Governing Body.
  77. 77 As the situation in this respect has not changed since its last meeting the Committee has adjourned further examination of these allegations for the time being.
• Further Allegations
  78. 78 Further allegations relating to refusals by competent authorities to negotiate with workers' organisations and to interference with certain organisations of government employees are made by the General Council of Trade Unions of Japan in a communication dated 25 January 1963.
  79. 79 As the Government has not yet forwarded its observations on these allegations, the Committee requests the Government to be good enough to furnish such observations as soon as possible.

The Committee's recommendations

1. 80. In these circumstances the Committee, recalling once again that the Governing Body, when it adopted its previous reports of the Committee, drew the attention of the Government of Japan to the importance which it attaches to a number of the principles in question in the present case, and trusting that the statement made in the Diet by the Prime Minister of Japan on 23 January 1963 will be followed by the prompt fulfilment of the assurances given to the Governing Body on 12 previous occasions and the final settlement of the questions at issue, recommends the Governing Body:
2. (1) with regard to the position concerning the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87):
   • (a) to take note of the Government's explanation, in its communication dated 25 January 1963, as to the reasons which prevented the Bills relating to the ratification of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) being submitted to the extraordinary session of the Diet which met from 8 to 23 December 1962;
   • (b) to take note of the statement of the Prime Minister of Japan on 23 January 1963, referred to in the Government's communication dated 13 February 1963, that the Government is to present the said Convention with the related Bills to the current Diet session for approval and of his statement to the Diet that the Government expects strongly that the Diet will approve it;
   • (c) to take note of the Government's further statement that, accordingly, it is making preparations to submit to the Diet at the earliest possible date the Bill for the ratification of the said Convention and the Bills to amend the related domestic laws, and that further informal negotiations have been held between representatives of the government and opposition parties, who reached agreement to continue efforts to secure the approval of the Bills relating to the ratification of the Convention during the current session of the Diet;
   • (d) to express the hope that the Government, in accordance with the expressed intention of the Prime Minister, will present the Bill to ratify the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) to the current session of the Diet, at the earliest possible date, for approval, and that such approval will be obtained during the present session of the Diet in accordance with the expectations of the Government as expressed by the Prime Minister;
   • (e) to request the Government to inform the Governing Body prior to its next session (May 1963) of the action taken;
3. (2) to take note of the present interim report of the Committee with regard to the remaining allegations, it being understood that the Committee will report further thereon to the Governing Body when it has received additional information and observations which it has requested the Government to be good enough to furnish.