JCFL

Tozen JCFL Local Scores Final Victory in Labor Commission

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On August 9th 2019, Tokyo High Court ruled that Japan College of Foreign Languages interfered with union leafleting in June and October of 2013, violating trade union law and the constitutional rights of Tozen Union members.

The Tozen JCFL local, established in 2013, faced a hostile reception from the outset. At two union actions JCFL obstructed union leafleting. The union sued JCFL in the Tokyo Labor Relations Commission. On Jan 25, 2016, the commission ruled that the school had interfered with legitimate union activity and ordered the school to apologize.

JCFL appealed to the Central Labor Relations Commission, which upheld the ruling.

The school sued the government to overturn the ruling. On March 1, 2019 Tokyo District Court again ruled against JCFL. The school took the case to Tokyo High Court which rejected JCFL’s appeal.

On Aug 13, six years removed from the illegal obstruction, JCFL finally apologized to the union.

“Rather than take responsibility from the very beginning and simply apologize, JCFL has adopted a strategy of stonewalling and endless litigation, wasting time and prolonging the inevitable,” said Tozen Senior Organizer Gerome Rothman. “JCFL has refused to acknowledge the legitimacy of the union, except under court order.”

Union President Todd Williams said, “To call this a hard won victory for the union would be an understatement. It is a testament to the grit and tenacity of our members. JCFL cannot escape the consequences of its belligerence towards the union.”

Tozen Union Scores Paid Leave Win Over JCFL

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Tozen Union members Todd, Tim, and Mark won a crucial court victory Friday over Japan College of Foreign Languages (Bunsai Gakuen). The school had denied paid leave to the teachers who work on zero-hour contracts, claiming that intervals between the one-semester contracts disrupt the continuity of their employment and therefore preclude any right to paid leave.

Tokyo District Court ruled that their employment is effectively continuous enough to claim the legal minimum allotment of paid holidays. The court ordered JCFL to pay for the paid leave already taken, plus interest, and to put up 1% of the plaintiffs’ legal costs.

Management has taken a hard line against Tozen Union and JCFL Workers’ Union in collective bargaining and is expected to appeal to Tokyo High Court. The union members lost a claim that the school’s refusal to give a copy of its work rules constituted power harassment.

東ゼン労組JCFL(日本外国語専門学校)支部組合員であるトッド、ティム、マークは、学校法人文際学園　日本外国語専門学校（JCFL）を相手に、自らの有給休暇の権利を求め、裁判の場で闘ってきましたが、2018年11月2日、東京地方裁判所は、原告勝訴の判決を下しました。なお、本件では、組合員に対して就業規則の付与を拒絶し、その場で書き写すことのみ許可するという対応がパワーハラスメントであるという主張もしましたが、こちらは認められませんでした。

 

学校法人文際学園は、講師の契約を1セメスター＝5か月と設定し、契約と契約の間の期間を2か月空けることにより、契約は継続性を持たず、したがって、すべての講師には有給休暇の権利は一切発生しないという扱いをしてきました。16年勤続の組合員も、これまで有給は「ゼロ」だったのです。本判決では、たとえ契約と契約との間に2か月のインターバルがあったとしても、契約の継続性は認められると判断したのであり、大変重要な内容を含んでいます。同じような働き方をしている人たちにも、大きな影響を及ぼすものと思われます。

 

学園はこれまでと同様、控訴して徹底抗戦するでしょう。私たちも、団結の力を緩めることなく、これからも組合を挙げて闘い続けてまいります。

 

引き続き、みなさまの心強いご支援、ご指導を、どうぞ宜しくお願い申し上げます。

National Labor Board Upholds Ruling Against JCFL

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Victory!

The Central Labor Relations Commission ruled on Thursday March 29th that Japan College of Foreign Languages (JCFL, a division of Bunsai Gakuen) had illegally interfered with Tozen Union’s leafleting actions in front of the school.

Tozen Union and its JCFL Local argued that management interfered with legitimate union activity by sending employees out to block the union from passing out leaflets at two separate leafletings in 2013.

In January of 2016, Tokyo Labor Relations commission ruled in favor of the union’s petition, ordering management to cease all such interference and to post a large sign apologizing to the union at the workplace for ten days.  Management immediately appealed.  That appeal was formally rejected on Thursday.

The victory was thanks to the relentless struggle of the local.

Tozen Union wins victory over JCFL

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The Tokyo Labor Commission ruled Monday morning that Japan College of Foreign Languages (JCFL, a division of Bunsai Gakuen) had illegally interfered with Tozen Union’s leafleting actions in front of the school.     Tozen Union and its JCFL Local claimed that management sent employees out to block the union from passing out leaflets and made the union look bad.

The commission ruled in favor of the union, ordering management to cease all such interference and to post a large sign apologizing to the union at the workplace for ten days.

The victory was thanks to the relentless struggle of the local.

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Japan College of Foreign Languages Local Conducts Recruitment Leafleting, Braves Illegal and Dangerous Management Harassment

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JCFL Members braved the rain and management harassment on Thursday, January 22 to conduct a recruitment leafleting to in front of the JCFL Takadanobaba campus during their lunch break.

At 12:30, Case officer Gerome Rothman and three union members arrived at the front gate. They began leafleting instructors and staff.

Shortly after the union began, management deployed several non-union staffers to interfere with the leafleting. Management first told the union they would call the police. The union responded by insisting management stop interfering with our legitimate union activity.

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Tozen Vlog for April 2, 2014 – Redacted Due to Victory!

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[日本語版]Japan College of Foreign Languages Once Again Interferes With Legal Union Activity. We will not back down! またもや正当な組合活動を妨害した日本外国語専門学校（ＪＣＦＬ） ～それでも、私たちはへこたれません！

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今朝（2013年10月18日）東ゼンJCFL支部組合員、東ゼン組合員、支持者が日本外国語専門学校（以下JCFLと略）に私たちの組合を拡大するためにJCFLでビラ配りをしました。以下はその報告です。

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Japan College of Foreign Languages Once Again Interferes With Legal Union Activity. We will not back down! またもや正当な組合活動を妨害した日本外国語専門学校（ＪＣＦＬ） ～それでも、私たちはへこたれません！

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This morning Tozen JCFL Local members, Tozen members, and supporters conducted a leafleting at JCFL in an effort to build our union there. Below is our report.

Leafleting Report

After gathering we walked together towards the school, put on our armbands, and got to leafleting. We began leafleting at 8:40. Several staffers immediately stood in front of the union members attempting to block them. The members kept their cool and persisted in leafleting, trying hard to get the leaflets to the students without touching the staffers. I tried to confront the staffers individually, informing them that this was a union action and they should not interfere. The staffers either ignored me or told me that they were outside to protect the students from cars, and that they are out there every day. Principal Iizuka said this several times as well. School staff, however, do not greet students in the street on a daily basis.

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