Effect given to the recommendations of the committee and the Governing Body - Report No 350, June 2008

Case No 2176 (Japan) - Complaint date: 22-FEB-02 - Closed

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

1. 120. The Committee last examined this case, which concerns allegations by the complainant organization, the Japan Postal Industry Workers’ Union (YUSANRO), that the existing legal provisions against unfair labour practices and anti-union discrimination, as well as their implementation, were inadequate, on its merits at its May–June 2007 session. The Committee noted the Government’s indication that on 11 April 2007, the Central Labour Relations Commission (CLRC) had filed a request for an emergency order with the Tokyo District Court requiring Japan Post to comply with its decision in Case No. 2(2)-1998, pending the court’s ruling on Japan Post’s appeal of that case, or pay a penalty to the complainant (the CLRC had ruled in Case No. 2(2)-1998 that Japan Post’s refusal to rent an office to the complainant organization constituted an unfair labour practice, and ordered Japan Post to authorize the union to use a room in each post office as a union office). It requested the Government to keep it informed of developments respecting this case, and to transmit a copy of the court’s decision once it was handed down [see 346th Report, paras 95–100].
2. 121. In its communication of 28 November 2007, the Government indicates that on 14 September 2007, the Tokyo District Court granted the CLRC’s request for an emergency order and ordered Japan Post to comply with the CLRC’s order in Case No. 2(2)-1998, pending the final decision on Japan Post’s appeal of that case. The Government further states that, on 27 September 2007, the court dismissed Japan Post’s appeal of the CLRC decision and that, as Japan Post’s successor, the Japan Post Service Co. Ltd did not file an appeal with the Tokyo High Court, the judgement became final on 12 October 2007.
3. 122. In a communication dated 19 May 2008, the Postal Industry Workers Union (YUSANRO) indicates that, following the decision by the Japanese Central Labour Relations Commission (CLRC) in October 2005 that the Japan Post should accept the use of space for YUSANRO union offices in Itabashi and Musashino post offices and to immediately consult in good faith and reach a reasonable agreement about office space, the union offices were finally allocated in November and December 2007. The complainant indicates that this is a great achievement for YUSANRO and postal workers across Japan and extends its sincere appreciation to the Committee on Freedom of Association for the significant role it played in assuring the final settlement of this case. The Committee notes this information with satisfaction.