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Labor Board Rules Against Shane on Two Counts, Rejects Union’s Other Claims

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Wednesday, October 2nd, the Tokyo Labor Commission ruled that language school Shane Corp. committed unfair labor practices in issuing a warning letter to the president of Tozen Union’s Shane Workers Union and in reducing the class load of another member. 

The commission also ordered the school to issue an official apology to the union.

An “unfair labor practice” is a violation of the Trade Union Act.

In the same verdict, the commission rejected the union’s other union-busting claims.

Ostensibly, the warning letter was for taking a paid holiday with less than two months notice, but the commission ruled that the real reason was union activity.

Both parties have two weeks to appeal.

東ゼン労組JCFL支部、労働委員会事件にて最後の勝利を勝ち取る

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2013年の6月と8月に行われた組合によるビラ配りを妨害したとして、東京高等裁判所は2019年8月9日、日本外国語専門学校に対し、労働組合法及び、東ゼン労組の組合員たちの憲法上の権利を侵害したと判決を下した。

東ゼン労組JCFL支部は、2013年に結成され、結成当初から敵意に満ちた応対と向き合ってきた。経営側は、2つの組合のビラ配りを妨害した。組合はJCFLに対し東京都労働委員会へ申し立てた。

2016年１月25日、東京都労働委員会は学園側に対し、正当な組合活動を妨害したとして、謝罪するよう命じた。学園側は、中央労働委員会へ再審査を申し立て、中労委は、同命令を維持した。学園側は、中労委に対して、命令を取り消すように、東京地方裁判所で、訴訟した。2019年3月1日、東京地方裁判所は中労委からの命令を維持した。学校側は、高等裁判所に控訴したが、裁判所はそれを棄却。

同年8月13日、6年後にようやく不法な妨害をしたとして　JCFLは組合に対し謝罪をした。東ゼン労組の専従オルグであるジェローム・ロスマン氏は、「初めから責任を負い、単に謝罪するよりも、JCFLは妨害をし、延々と訴訟するという方法を選んだ。時間の無駄であり、免れないことを長引かせた。」と述べた。JCFLは裁判所命令がなければ、組合の正当性を認めることを拒否していた。JCFL支部執行委員長であるトッド・ウィリアムズ氏は、「これを苦労して勝ち取った組合の勝利と呼ぶには控えめすぎるかもしれません。

これは組合員たちの闘志と粘り強さの証です。JCFLは、組合に対する敵意を持った態度が生み出したこの結果から免れることはできません。」

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 Opposes Police Repression of Kansai Namakon Union

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Police from four prefectures are cracking down on unionized drivers of concrete mixer trucks.  

They have arrested 85 members of Kansai Namakon Union, indicting 50 of them. Ten remain in jail, including the executive president and vice president who have been locked up for nearly a year despite not even being present where the alleged crimes took place. 

Shiga, Kyoto, Osaka, and Wakayama police have charged them with obstruction of business using force and attempted extortion. The union was aggressively pursuing union demands. That’s all. 

The government is test-driving its new conspiracy law to crush an activist union.  Tozen Union will never support violence or intimidation of any kind. But we cannot ignore this violation of all our union rights, guaranteed by the Constitution. 

We declare our support for Kansai Namakon Union’s struggle.  We call on the police to free all detainees immediately and to end this vicious, unconstitutional crackdown. 


Tozen Union

Tozen Shane Workers’ Union signs Labour Management Agreement with Shane Corp.

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Welcoming in the Reiwa era and the new President of Shane, Ishitani Yuya, Shane Workers’ Union are pleased to sign a Labour Management Agreement in what is hoped to be a new phase of improved relations between the Union and the Company.

The agreement guarantees the working conditions of union members and agrees to use Company paperwork when converting to permanent employment.

The agreement also defines a set of rules for collective bargaining which lays the groundwork for improved negotiations and a more timely and forthcoming approach from management.

While some issues remain unresolved, notably the official labour dispute and charges of unfair labour practices against union members, this agreement is a very positive step forward and the Union believes it is only a matter of time before a suitable settlement is negotiated and normal labour-management relations restored.

Tozen Union is featured in labornetjp.org

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広がる国際連帯！〜小さな島国の大労組から大きな島国の小労組への招待状
アイスランドの労働組合「エフリング」から東ゼン労組が正式に招かれる

Read all about it!

Tozen President Hifumi Okunuki

An article in http://www.labornetjp.org features Tozen Union, detailing how our comrades in the Iceland Efling union recently invited us to their country.

Comrades Louis, Cornelia, Gerome and Adam celebrate thhe hanging of the sparkling, new Tozen sign.

Tozen Da! International comrades stand shoulder to shoulder.

Hifumi Okunuki travels to Iceland to show solidarity.

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Tozen President, Hifumi Okunuki and Chief Financial Officer, Louis Carlet  travelled to Iceland in March to show solidarity with Efling trade union.


 

Interviewed by Iceland’s Channel 2 news, the article from Visir, the Icelandic newspaper says –

Hifumi Okunuki, president of the Japanese trade union, Tozen, traveled from Tokyo to show solidarity to those who are on strike in Iceland. She says immigrants in Japan are struggling with similar problems as in Iceland.

“There are an amazing and numerous number of strikes here in Iceland. We felt it was important to witness this, ”said Okunuki, whose words were interpreted from Japanese to English in an interview with Heim Pétursson.

Immigrants in Japan also face difficulties. They think the problems there are similar to those here.

“We flew nine thousand miles to show our strength of solidarity.”

http://www.visir.is/g/2019190308963?fbclid=IwAR33tXDPVYSnlV5v61dR3zNEd2iejXwy91UVcjZ2PHL9wVey8axL5kTyFnM

Flugu níu þúsund kílómetra til að sýna Eflingu samstöðu

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Kolbeinn Tumi Daðason skrifar 8. mars 2019 11:32

Hifumi Okunuki, forseti japanska verkalýðsfélagsins Tozen, ferðaðist frá Tókýó til að sýna þeim sem fara í verkfall á Íslandi samstöðu. Hún segir innflytjendur í Japan glíma við sambærileg vandamál og á Íslandi.

„Þetta er magnað og fjölmennt verkfall hér á Íslandi. Okkur fannst mikilvægt að verða vitni að þessu,“ sagði Okunuki en túlkur þýddi orð hennar jafnóðum úr japönsku yfir á ensku í viðtali við Heimi Má Pétursson.

Innflytjendur í Japan glími einnig við erfiðleika. Þau telja vandamálin þar svipuð þeim hérna.

„Við flugum níu þúsund kílómetra til að sýna Eflingu samstöðu.“

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Tozen Chalks Op Another Win Against JCFL

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Yet another win for Tozen, get ready for our next victory.

Tokyo District Court on Thursday ruled against JCFL (Bunsai Gakuen) and in favor of Tozen Union members teaching there.  The verdict upheld earlier decisions saying the JCFL illegally obstructed union leafleting in front of the school.
The court dismissed the school’s claims that the action endangered the safety of students arriving at the gate.  JCFL’s posting of staffers outside was a clear attempt to hurt the union’s image in the eyes of other workers/potential recruits, the ruling said.
JCFL has a fortnight to submit an appeal to Tokyo High Court.