Interim Report - Report No 105, 1968

Case No 398 (Japan) - Complaint date: 30-APR-64 - Closed

1. 173. This case was first considered by the Committee at its session in November 1965, when it decided to request the Government to furnish further information on certain aspects of the case. Subsequently, the case was considered by the Committee at its session in May 1966, on which occasion it submitted its interim conclusions to the Governing Body in paragraphs 42 to 153 of its 92nd Report, at its sessions in November 1966 and February 1967, when it requested further information from the Government, and lastly at its session in November 1967, when it submitted further interim conclusions, which are to be found in paragraphs 218 to 235 of its 101st Report.
2. 174. On 6 May 1968 the Government sent a communication containing information with respect to one aspect of the case.
3. 175. Japan has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. A. The complainants' allegations

• Allegations relating to Delay in Legal Proceedings
  176. 176 At its November 1967 session the Committee observed that the allegations of undue delay in legal proceedings referred to dismissals which had taken place between 6 April 1959 and 18 January 1962, but that there were a large number of court cases arising out of these dismissals which were still pending before the Fukuoka District Court or the Fukuoka High Court.
  177. 177 After examining the considerations invoked by the Government in explaining the protraction of these legal proceedings, the Committee recalled certain conclusions reached by the Fact-Finding and Conciliation Commission on Freedom of Association in the case concerning persons employed in the public sector in Japan. The Committee therefore recommended the Governing Body to draw the Government's attention to the importance it attaches to expeditious proceedings, in the absence of which an offended employee will feel a growing sense of injustice, with consequent harmful effects on industrial relations, and to the risk of potential violation of trade union rights inherent in the absence of expeditious court proceedings in cases involving dismissals.
  178. 178 The Committee also recommended the Governing Body to request the Government to inform it as to the outcome of the proceedings still pending. According to the information available (see paragraphs 99 to 103 and 107 of the 92nd Report, and paragraphs 229 and 230 of the 101st Report), the cases still before the courts concerned the trade unionists, Messrs. C. Endo, M. Shimoda, K. Iwashita, J. Hayashi, A. Matsuwa, T. Hayashimasa and I. Taniguchi, as well as 168 workers who had asked the Fukuoka District Court to invalidate their dismissal by the Mitsui Mining Company.
  179. 179 The Government appended to its communication of 6 May 1968 a summary of a judgment rendered by the Fukuoka District Court, in the case of Mr. I. Taniguchi. This judgment, dated 29 February 1968, invalidates the dismissal of the trade unionist in question and re-establishes his contractual relationship with his employer. This ruling was based on the fact that the acts imputed to Mr. Taniguchi were not sufficiently serious to justify the disciplinary measures taken against him.
  180. 180 In these circumstances the Committee recommends the Governing Body:
       • (a) to take note of the judgment rendered by the Fukuoka District Court granting the application of Mr. Taniguchi;
       • (b) while repeating the considerations to which reference is made in paragraph 177, to request the Government to keep it informed as to the outcome of the court proceedings still pending in respect of the persons referred to in paragraph 178.
  181. Other Allegations Outstanding
  181. 181 At its session in May 1966 the Committee examined a number of other allegations, in respect of which it requested the Government to supply further information. These allegations referred to the discharge of ten officers of the Miike Coal Miners' Union (paragraphs 45 to 52 of the 92nd Report); discrimination against union members in respect of recruitment, wages and work assignment and payment of accident compensation (paragraphs 58 to 77 of the 92nd Report); and the repudiation of collective bargaining with the Miike Coal Miners' Union and interference with the Union (paragraphs 78 to 96 of the 92nd Report). The information requested relates to forwarding the texts of decisions of the Fukuoka District Court, the Central Labour Relations Commission and the Fukuoka Prefectural Labour Relations Commission in respect of the matters referred to in the various allegations, as stated in paragraphs 52, 75, 77, 94 and 96 of the 92nd Report. The information in question has not yet been supplied by the Government.

The Committee's recommendations

1. 182. In these circumstances, with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) with regard to the allegations relating to delay in legal proceedings:
   • (i) to take note of the judgment rendered by the Fukuoka District Court granting the application of Mr. Taniguchi;
   • (ii) to draw the Government's attention once again to the importance it attaches to expeditious proceedings, in the absence of which an offended employee will feel a growing sense of injustice, with consequent harmful effects on industrial relations, and the risk of potential violation of trade union rights inherent in the absence of expeditious court proceedings in cases involving dismissals;
   • (iii) to request the Government to keep it informed as to the outcome of the legal proceedings still pending in respect of the persons referred to in paragraph 178;
   • (b) with regard to the other allegations outstanding, to repeat the request already made to the Government for the supply of the information to which reference was made in paragraphs 52, 75, 77, 94 and 96 of the 92nd Report;
   • (c) to take note of the present interim report, it being understood that the Committee will report to the Governing Body again once it has received the information requested from the Government.