Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

Case No 1991 (Japan) - Complaint date: 12-OCT-98 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 70. The Committee last examined this case concerning allegations of anti-union discrimination arising out of the privatization of the Japanese National Railways (JNR), at its June 2001 meeting [see 325th Report, paras. 40-43]. The Committee had urged all parties concerned to accept the Four Party Agreement, which set out conditions aimed at encouraging negotiations between the Japan Railway companies (JR companies) and the complainants with a view to reaching a satisfactory solution rapidly which would ensure that the workers concerned who were dismissed as a consequence of the privatization were fairly compensated. Noting that KOKURO had finally accepted the Four Party Agreement of 30 May 2000 which offered a real possibility of speedily resolving the issue of non-hiring by the JRs, the Committee had urged all parties concerned to continue serious and meaningful negotiations with a view to reaching a satisfactory solution rapidly which would ensure that the dismissed workers concerned were fairly compensated.
2. 71. In a communication dated 13 September 2001, the KOKURO indicates that little progress has been made in opening the negotiations between the JR companies and the unions despite the fact that KOKURO accepted the framework provided by the Four Party Agreement. The KOKURO explains that it persuaded its members and families to accept it mainly because the Freedom of Association Committee recommended it to do so. The KOKURO expresses its concern that the Four Party Agreement will lose its political value if further delays occur in starting the negotiations. The content of this communication was supported by the International Transport Workers’ Federation in a communication of September 2001. In a communication dated 1 February 2002 the KENKORO-TETSUDOHONBU (formerly ZENORO) provides information regarding the non-implementation of the Committee’s recommendations.
3. 72. In a communication dated 10 October 2001, the Government explains that it convened the Four Parties’ Consultation Committee on 15 March 2001. On that occasion, it was informed that during the national conference of KOKURO’s Executive Committee in January 2001, the KOKURO adopted, on the one hand, activity guidelines in which it stated that “the JRs do not bear legal responsibility in the non-hiring cases”, and, on the other hand, it claimed that “the Tokyo High Court decisions on this issue were unfair and that it would make every effort to have the Supreme Court hand down a justifiable decision”. Moreover, according to the Government, some KOKURO members who are against the Four Party Agreement have formed a new organization and keep organizing activities against the Agreement. In view of the contradicting statements made by KOKURO, the Government explains that the JRs cannot trust KOKURO’s statement that “the JRs bear no legal responsibility” as long as KOKURO does not take concrete measures to withdraw the lawsuits immediately. The ruling parties are now asking the KOKURO to consider this point. Finally, the Government states that while all parties concerned, including the KOKURO, are now carrying adjustments among themselves on the basis of the direction of the Agreement, the KOKURO’s contradicting stance concerning the JR’s legal responsibility explains why much progress has not yet been made on this matter.
4. 73. The Committee takes note of this information. It regrets that since all parties agreed to the Four Party Agreement in May 2000, no real progress has been made since. The Committee observes that, when it last examined the case in June 2001, the Government had already made a reference to the activity guidelines adopted in January 2001 by KOKURO in which KOKURO had recognized that, the JRs bore no legal responsibility. The Committee agrees that if further delays occur in starting the negotiations, the Four Party Agreement could lose its value. Therefore, the Committee once again urges all parties concerned, including the Government, to start, without any further delays, serious and meaningful negotiations with a view to reaching a satisfactory solution rapidly, which would ensure that the dismissed workers concerned are fairly compensated. The Committee once again requests the Government to keep it informed of any progress in this regard. The Committee further requests the Government to reply to the observations of KENKORO?TETSUDOHONBU contained in a communication dated 1 February 2002.