Effect given to the recommendations of the committee and the Governing Body - Report No 370, October 2013

Case No 2304 (Japan) - Complaint date: 14-OCT-03 - Closed

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

1. 58. The Committee last examined this case, which concerns the arrest and detention of officers and members of the Japan Confederation of Railway Workers’ Unions (JRU), massive searches of trade union offices and residences of trade union leaders, and the confiscation of trade union property, at its November 2010 meeting. On that occasion, with respect to the JR Urawa Electric Train Depot case, the Committee requested to be kept informed of any decision handed down by the Supreme Court which was seized by seven defendants when the Tokyo High Court upheld the lower court’s decision and rejected their appeal. With regard to the case of six workers dismissed by the JR East Company in August 2007 who demanded continuation of their employment, the Committee requested to be kept informed of any decision from the courts. Finally, while expressing its concern at the apparent severity of the conviction of a member of the JRU (six months in prison, with a two-year suspension of the sentence, for stealing 31 sheets of paper belonging to the company), the Committee requested the Government to transmit its observations in respect of the matter.
2. 59. The complainant kept the Committee informed of developments concerning the pending issues in communications dated 15 September and 4 October 2011, and 13 February, 4 April and 2 October 2012. With regard to the JR Urawa Electric Train Depot case, in a decision rendered on February 2012, the Supreme Court denied the appeal made by the seven defendants and their suspended sentences have been finalized. Thus their individual probation periods have begun. The JRU regretted that the Court merely confirmed the lower courts’ verdicts and expressed its concern on the impact of such decision on the social right to organize that has been won over an era where organizing a trade union was considered to be a crime. As concerns the case before the civil court to confirm the status of employees of six union members who were dismissed by the company, the JRU informed that the Tokyo High District Court handed down a decision on 17 October 2012 whereby it recognized the status of two out of the six as employees, ordered the payment of unpaid wages. The verdict also recognized the dismissal with prejudice on the merits with regard to the remaining four union members. The complainant, while noting a partial victory, informed of its intention of bringing the case before the Tokyo High District Court. It also stated that the company was unable to accept the verdict and appealed against the two workers whose status was reconfirmed in the verdict.
3. 60. In communications dated 4 September 2012 and 4 September 2013, the Government confirmed that the decision handed down on 10 February 2012 by the Supreme Court dismissing the appeal by the seven defendants in the JR Urawa Electric Train Depot case became final. The Government also informed that the civil lawsuit is still pending before the Tokyo High District Court. Finally, the Government indicated that it is not in a position to comment any specific lawsuit such as the case of a JRU member sentenced to six months in prison, with a two-year suspension of the sentence, for stealing 31 sheets of paper belonging to the company. It however indicated that the case is a theft case in which the accused allegedly copied classified documents of the company.
4. 61. The Committee takes due note of the information provided by the Government and the complainant. With respect of the JR Urawa Electric Train Depot case, the Committee notes that on 10 February 2012 the Supreme Court upheld the lower court’s decision and rejected the appeal made by the seven defendants and that its decision became final. Furthermore, as concerns the case before the civil court to confirm the status of employees of six union members who were dismissed by the company, the Committee notes that the Tokyo High District Court handed down a decision on 17 October 2012 whereby it recognized the status of two out of the six as employees as well as dismissal with prejudice on the merits with regard to the remaining four union members. The Committee notes that the JRU decided to bring the case of the four union members before the Tokyo High District Court. The Government confirmed that the case is pending before court. Consequently, the Committee requests the Government to keep it informed of the decision of the Tokyo High Court in this case. It also requests the Government to indicate whether the company has finally reinstated the two union members (Tomio Yatsuda and Kakunori Oguro) with payment of unpaid wages following the Tokyo High District Court decision of 17 October 2012. The Committee notes the Government’s comments concerning the case of a JRU member in the Gamagori Station case which it characterized as a theft case in which the accused allegedly copied classified documents of the company. The Committee notes that the judgment was upheld by the Supreme Court.