Guide to Labor Relations Commissions
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GUIDE TO LABOR RELATIONS COMMISSIONS For Sound Labor-Management Relations Gunma Prefecture Local Labor Relations Commission 1. HOW TO MAKE USE OF THE LABOR RELATIONS COMMISSION Disputes between employers and employees should preferably be settled between the parties voluntarily. The Labor Relations Commission assists in establishing better labor-management relations and is always available for consultation, but it is essential whenever possible for parties to the dispute to resolve the matter between/among themselves. When both employers and employees share this attitude, suitable solutions can be found to even the most difficult problems, and the Labor Relations Commission can offer appropriate advice in this regard. The Commission members and the Secretariat staff are forbidden by Article 23 of the Trade Union Law to divulge any secrets learned during the course of their work, so please do not hesitate to consult us. To request adjustment of labor disputes or to file complaints regarding unfair labor practices, please contact: Gunma Prefectural Government Secretariat to Local Labor Relations Commission Tel: 027–226–2785, 027–226–2787 We will be happy to explain procedures and other matters, by telephone or in person. * Interpreters are available from the Gunma International Association (Tel: 027–243–7271). -1- 2. MECHANISM OF THE LABOR RELATIONS COMMISSION SYSTEM The Labor Relations Commission System In principle, labor issues should be discussed freely between employers and employees on an equal footing and resolved voluntarily, but there are in fact times when such discussions do not fare successfully or indeed aggravate problems, making voluntary resolution difficult. The Labor Relations Commission is an administrative agency specializing in the resolution of problems between employers and employees which aims to resolve employer-employee disputes in a fair manner and endeavors to secure stable labor-management relations without sources of future trouble. Members of the Labor Relations Commission The labor Relations Commission consists of 15 persons: persons such as lawyers and university professors who represent public interests (public members), persons such as trade union executives who represent employees (labor members), and persons such as corporate managers who represent management (employer members). Work of the Labor Relations Commission The work of the Labor Relations Commission is carried out by the members and primarily consists of the following: • Adjusting in disputes between employers and employees and assisting in resolving differences. • Judging the merits of complaints about unfair labor practices. -2- 3. ADJUSTMENT OF LABOR DISPUTES Adjustment Disputes between employers and employees should, in principle, be settled voluntarily by the parties concerned. When disputes cannot be resolved voluntarily, the Labor Relations Commission will arrange collective bargaining in response to requests from the parties concerned, adjusting the claims of both sides and assisting in resolution of the dispute. Adjustment by the Labor Relations Commission may come in one of three forms—conciliation, mediation, or arbitration—with the simplest and most common of these being conciliation. Differences between the three forms are as follows: Form Starting conditions Persons in charge Activities (1) Request by either employer or Conciliators: Finding points of employees normally one public compromise between the Conciliation (2) Request by both employer and member, one labor two parties and working employees member, and one to resolve the dispute. (3) By virtue of the authority of the employer member If necessary, a proposal LRC can be offered. (1) Request by both employer and Mediation Offering a mediation employees Committee: plan and recommending (2) Request by either employer or public members and the parties to accept the employees an equal number of plan. In cases where the collective labor and employer Neither party is under Mediation agreement prescribes so, or members legal obligation to for public service enterprises accept the mediation plan. (3) By virtue of the authority of the LRC (4) Request by the Prefectural Governor (1) Request by both employer and Arbitration Makes an arbitration employees Committee: award. (2) Request by either employer or three public members The parties are bound to Arbitration employees Labor and employer observe the terms of the members can award and the award In cases where the collective express opinions has the full force and agreement prescribes so effect of a collective agreement. -3- Conciliation Procedure Conciliation is the most commonly used form of adjustment, and proceeds along the following lines: Request The conciliation process starts on the basis of a request for conciliation made to the Labor Relations Commission by a trade union/labor organization, an individual worker or an employer, or both. * Individual workers cannot make a request for mediation and arbitration. Preliminary Study The Secretariat staff listen to the causes of the dispute, points of contention, and the history of the problem. * In cases where only one of the parties has made a request for conciliation, the Secretariat staff will ascertain the intention of the other party to follow the conciliation process. Appointment of Conciliators (By the Labor Relations Commission Chairperson) Conciliation Activities Hearing: The conciliators hear from both parties and ascertain the points of contention. Adjustment of claims: Based on the hearing, the conciliators adjust the claims of the employer and employees and aim at compromise by offering proposals, etc. Settelment Withdrawal Close -4- 4. EXAMINATION OF UNFAIR LABOR PRACTICES Unfair Labor Practices The Constitution of Japan guarantees the rights of workers to organize and to bargain and act (strike, etc.) collectively. To guarantee workers’ rights in a practical way, the Trade Union Law prohibits the following unfair labor practices by employers: Employees Employers Because the employee is a member the employer dismisses the of a trade union, joins a trade union, employee or otherwise treats the organizes a trade union, or conduct employee unfairly (lower wages, lawful union activities, unjust participates in transfer, etc.). Not joining a trade union or is made a condition for employment. withdrawing from a trade union Employees attempt to engage in but the employer, without proper collective bargaining, reasons, refuses the collective bargaining or does not engage sincerely in it. Employees attempt to organize or but the employer controls or interferes operate a trade union, in the attempt. Employees incur expenses in the and the employer provides financial operation of a trade union, assistance to the trade union. An employee files a complaint of and the employer dismisses the unfair labor practices or testifies/ employee or otherwise treats the provides evidence to the Labor employee unfairly for that reason. Relations Commission, -5- Action Against Unfair Labor Practice A trade union or individual worker may file a complaint with the Labor Relations Commission when it/he/she believes the employer is engaged or has engaged in an unfair labor practice (this complaint must be filed within one year from the date this unfair labor practice occurred). Upon receiving a complaint, the Labor Relations Commission examines to determine whether the employer is indeed engaged in an unfair labor practice. Unfair Labor Practice Examination Procedure Complaint from a trade union or worker Investigation Compromise An investigation is conducted on the The party who filed the complaint may, based on basis of the complaint and an answer a compromise between the parties concerned, solicited from the employer. withdraw all or part of the complaint at any time before an order is issued. Co mpromise does not engender resentment between employers and employees and is the Hearing method preferred by both employers and employees. In open-door hearing, the circums - tances of the case are confirmed and witnesses´ statements taken. Public Members´ Meeting Withdrawal The circumstances of the case are Cases may be closed during examination if the established and the public members complaining party withdraws its complaint. determine whether or not unfair labor practices occurred. Order (Remedy) Order (Rejection) When the LRC has determined that unfair labor practices When the LRC determines that no have occurred, it may order annulment of dismissals/ unfair labor practices have disciplinary action, implementation of normal collective occurred, it will reject the claims bargaining, and bans of control/interference in trade union of the trade union/worker. activities. * If dissatisfied with an order, a party may apply for re-examination to the Central Labor Relations Commission or bring the case to the district court to ask the court to rescind the order. -6- Consultation on Labor Issues In addition to the Labor Relations Commission, you may also consult one of the following labor administration offices in regard to employer-employee problems: Place Address Phone No. Labor Policy Division, Otemachi 1-1-1, 027-226-3404 Prefectural Department of Maebashi-shi 371-8570 Commerce, Industry and Labor Maebashi Administrative Kami-hosoimachi 2142-1, 027-237-2448 Affairs Office Maebashi-shi 371-0051 Takasaki Administrative Daimachi 4-3, 027-322-4681 Affairs Office Takasaki-shi 370-0805 Kiryu Administrative Aioicho 2-331, 0277-54-4482 Affairs Office Kiryu-shi 376-0011 Isesaki Administrative Imaizumicho 1-22-1, 0270-25-0782 Affairs Office Isesaki-shi 372-0031 Shibukawa Administrative Kanai 395, 0279-22-0777 Affairs Office Shibukawa-shi 377-0027 Ota Administrative Nishi-honcho 60-27, 0276-32-2215 Affairs Office Ota-shi 373-0033 Use of the Labor Relations Commission and consultation with relevant organizations on labor issues are absolutely free. Gunma Prefectural Government Secretariat to Local Labor Relations Commission Otemachi 1–1–1, Maebashi-shi 371–8570 Telephone: 027–226–2785, 027–226–2787 -7-.