Effect given to the recommendations of the committee and the Governing Body - Report No 354, June 2009

Case No 2139 (Japan) - Complaint date: 19-JUN-01 - Closed

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

1. 137. The Committee last examined this case, which concerns allegations of preferential treatment granted to certain workers’ organizations in the appointment of nominees to the Central Labour Relations Commission (CRLC) and various Prefectoral Labour Relations Commissions (PLRCs), at its June 2008 meeting. The Committee noted with regret that, in spite of its previous recommendations concerning the composition of the CLRC, yet again no National Confederation of Trade Unions (ZENROREN) nominee had been appointed to the most recent term of the CLRC. Observing that three terms of the CLRC had passed since it first examined this case without the nomination of any ZENROREN nominees to the CLRC, the Committee queried whether the Government had given due consideration to the rationale of its previous recommendation in its 328th Report, that is, the necessity of affording fair and equal treatment to all representative organizations, with a view to restoring the confidence of all workers in the fairness of the composition of labour relations commissions and other similar councils that exercise extremely important functions from a labour relations perspective. The Committee therefore requested the Government to take these principles into consideration when appointing worker members to the next term of the CLRC and those of the Kyoto, Kanagawa and Hyogo PLRCs. Noting further that the complainant had appealed the 5 December 2007 decision of the Tokyo High Court to the Tokyo Supreme Court, the Committee requested the Government to provide the Tokyo Supreme Court with copies of its current and previous examinations of the present case and to transmit a copy of the court’s decision once it was handed down [see 350th Report, paras 111–119].
2. 138. In its communication of 25 December 2008, the complainant states that on 16 November 2008 the Government appointed, as worker member for the 30th term of the CLRC, Ms Fusako Yodo (representing Japan Federation of National Public Service Employees’ Unions (Kokkororen) and Japan Federation of Medical Workers’ Unions (Nihon Iroren)), nominated by the National Council for Democratization of Labour Relations Commission. The complainant explains that this is the first time that a non-RENGO member has been appointed as the worker member to the CLRC and represents an historic step forward in its struggle for democratization of labour relations commissions and other administrative institutions.
3. 139. In addition, the complainant states that on 10 October 2008, a non-RENGO nominee was appointed as worker member of the PLRC in Kyoto, bringing the total number of prefectures in which non-RENGO members are included in the relevant PLRC to nine. In relation to the PLRCs in Kanagawa, Hyogo and Hokkaido, in which cases are still pending in the local courts, no non-RENGO nominee has yet been appointed.
4. 140. The complainant further states that based on this new situation, ZENROREN and other unions decided on 9 December 2008 to withdraw the appeal that they had made to the Supreme Court. On the same day, the Supreme Court dismissed the appeal without examining the judgment handed down by the Tokyo High Court.
5. 141. In its communication of 9 February 2009, the Government confirms that ZENROREN-nominated members have been appointed to the CLRC and the presence of persons recommended by trade unions affiliated to ZENROREN in PLRCs in Myagi, Saitama, Chiba, Tokyo, Nagano, Osaka, Wakayama, Kochi and Kyoto. The Government adds that the ZENROREN appeal to the Supreme Court was dismissed on 9 December 2008.
6. 142. The Committee notes with satisfaction that a ZENROREN nominee has been appointed to the most recent term of the CLRC and that ZENROREN nominees are now present on nine PLRCs. The Committee expects that each local government will continue to consider the appointment of ZENROREN nominated worker representatives in the remaining three PLRCs.