Berlitz blitz against union bogs down

In December, after a year of strike action by over 100 teachers, the company filed a lawsuit against seven union members. Named in the suit are five Berlitz teachers who volunteer as Berlitz General Union Tokyo (Begunto) executives and two officials from the National Union of General Workers Tokyo Nambu: President Yujiro Hiraga and Louis Carlet [currently President of Zenkoku Ippan Tokyo General Union], [and formerly] the deputy general secretary [of NUGW Tokyo Nambu] and [former] Begunto case officer. Claiming the Begunto strike is illegal and meant to damage the company, Berlitz sued the defendants for ¥110 million each.

Ever since launching their legal battle, lawyers for Berlitz have appeared reluctant to go over the top. After gaining an extension in January for more time to prepare evidence and legal arguments, Berlitz lawyers still submitted their documents 10 days past the end-of-March deadline set by the judge.

The second hearing in the suit lasted a matter of minutes. One judge complained that after reading the company’s recently filed documents he still couldn’t understand their reasoning for why the strike was illegal. He told Berlitz’s lawyers to provide a concise and understandable summary of their arguments before the next hearing. Looking at the crowd of union supporters in the courtroom, the judge added that the summary was necessary not only to help him understand the company’s position, but also for the benefit of all those coming to hear the case.

Campbell expressed disappointment at the latest delay. “It’s the dragging-on that’s very frustrating. They sued in December and you’d think they would have their evidence prepared. In this case they sued and then prepared their evidence. Not only that, but they took an enormous amount of time and still haven’t finished it all.”

The last collective bargaining session between Berlitz and Begunto took place March 13. The company rejected the entire list of teachers’ demands, which included a 4.6-percent raise in base pay, the retraction of the warning letter sent to striking teachers, the introduction of a bonus system, and the disclosure of documents related to Berlitz’s financial health.

Both sides appear prepared for a lengthy legal battle. After the first January court date for Berlitz’s lawsuit, Ken Yoshida, one of the union’s lawyers, said the company’s legal team was “stalling,” and that it would be a long, drawn-out court fight.

http://search.japantimes.co.jp/cgi-bin/fl20090428zg.html

Lower House panel takes up contentious immigration bill

A Lower House panel Friday began deliberating a controversial bill that would revise the immigration law by strengthening state control over foreigners and illegal entry by shifting responsibility for alien registration to the central government from municipalities and increasing penalties for violators.

The Liberal Democratic Party-New Komeito ruling bloc is trying to get the bill passed before the Diet closes for the summer on June 3. But passage is uncertain because many opposition lawmakers and human rights groups have harshly criticized the amendments, saying they could lead to undue surveillance of foreign residents.

Japan uses a dual administrative structure to control immigration. The Justice Ministry handles immigration control and the granting of residency permits, while the municipal governments are in charge of issuing alien registration cards. The ministry estimates that about 20,000 cards have been issued to illegal stayers.

The bill would give control of alien registration to the Justice Ministry, which is thinking of abolishing alien cards and creating a new type of ID called a “zairyu” (residency) card to document foreigners intending to live here for more than three months.

Zairyu cards would list an individual’s name, photo, nationality and visa information, and foreigners would be obliged to “have the cards with them at all times,” the bill stipulates. Violators would be fined up to ¥200,000 for not carrying the card or incarcerated for as long as 10 years if caught forging them.

Critics and opposition legislators have panned the proposed penalties.

The bill would also extend the maximum period of stay for documented foreigners to five years from three.

http://search.japantimes.co.jp/cgi-bin/nn20090425a3.html

Tokyo by-law threatens freedoms

Street performances are fun for many people and give character to streets and communities such as Tokyo’s Shibuya, Harajuku, Akihabara and Kichijoji areas. But now such activities may be restricted or banned due to a revision of the Tokyo metropolitan by-law for “the building of safe and secure communities,” which took effect April 1.

The revised by-law not only threatens to make Tokyo’s busy and crowded areas colorless, uniform and drab but also appears to infringe upon the constitutionally guaranteed right to freedom of expression. The Tokyo Metropolitan Government and the Metropolitan Police Department could use the revised by-law to crush people’s attempts to publicize their cause, be it human rights, animal rights or job protests.

In view of the fact that the number of criminal offenses in Tokyo reported by the police has decreased for six consecutive years since 2003, the motive behind the revision appears to be a political one aimed more at controlling the activities of citizens than on their safety. This makes the revision a clear attack on our freedoms.

http://search.japantimes.co.jp/cgi-bin/ed20090424a1.html

Japan’s Weird Unemployment Solution

When Japanese unemployment edged up to a three-year high of 4.4 percent in February, the government started looking for creative ways to lower it. One solution: get the unemployed out of the country by offering citizenship [sic] buyouts. The program applies only to unemployed people of Japanese descent who were born abroad but now live in Japan (they’re known as nikkei). The plan pays out-of-work nikkei $3,000 to return to their country of origin [never to return]. Like other strange Japanese ideas, we don’t expect this one to spread to our shores any time soon.

http://freakonomics.blogs.nytimes.com/2009/04/22/japans-weird-unemployment-solution/?scp=3&sq=japan%20unemployment&st=cse

Japan to Immigrants: Thanks, But You Can Go Home Now

When union leader Francisco Freitas has something to say, Japan’s Brazilian community listens. The 49-year old director of the Japan Metal and Information Machinery Workers called up the Brazilian Embassy in Tokyo April 14, fuming over a form being passed out at employment offices in Hamamatsu City, southwest of Tokyo. Double-sided and printed on large sheets of paper, the form enables unemployed workers of Japanese descent — and their family members — to secure government money for tickets home. It sounded like a good deal to the Brazilians for whom it was intended. The fine print in Portuguese, however, revealed a catch that soured the deal: it’s a one-way ticket with an agreement not to return.

Japan’s offer to minority communities in need has spawned the ire of those whom it intends to help. It is one thing to be laid off in an economic crisis. It is quite another to be unemployed and to feel unwanted by the country where you’ve settled. That’s how Freitas and other Brazilians feel since the Japanese government started the program to pay $3,000 to each jobless foreigner of Japanese descent (called Nikkei) and $2,000 to each family member to return to their country of origin. The money isn’t the problem, the Brazilians say; it’s the fact that they will not be allowed to return until economic and employment conditions improve — whenever that may be. “When Nikkei go back and can’t return, for us that’s discrimination,” says Freitas, who has lived in Japan with his family for 12 years. (See pictures of Japan and the world.)

With Japan’s unemployment rate on the rise — it reached a three-year high of 4.4% in February — the government is frantic to find solutions to stanch the flow of job losses and to help the unemployed. The virtual collapse of Japan’s export-driven economy, in which exports have nearly halved compared to the first two months of last year, has forced manufacturers to cut production. Temporary and contract workers at automotive and electronics companies have been hit especially hard. Hamamatsu has 18,000 Brazilian residents, about 5% of the total in Japan, and is home to the nation’s largest Brazilian community. After immigration laws relaxed in 1990, making it easier for foreigners to live and work in Japan, Brazilians have grown to be the country’s third largest minority, after Koreans and Chinese. But as jobs grow scarce and money runs out, some Nikkei ironically now face the same tough decision their Japanese relatives did 100 years ago, when they migrated to Brazil.

Japan can scarcely afford to lose part of its labor force, or close itself off further to foreigners. Japan, with its aging population that is projected to shrink by one-third over the next 50 years, needs all the workers it can get. The U.N. has projected that the nation will need 17 million immigrants by 2050 to maintain a productive economy. But immigration laws remain strict, and foreign-born workers make up only 1.7% of the total population. Brazilians feel particularly hard done by. “The reaction from the Brazilian community is very hot,” says a Brazilian Embassy official. The embassy has asked Japan’s Ministry of Health, Labor and Welfare to “ease the conditions” of reentry for Brazilians who accept the money. (Paradoxically, the Japanese government had recently stepped up efforts to help Brazilian residents, with programs such as Japanese-language training and job-counseling.) This particular solution to unemployment, however, is perceived as a misguided gift. “Maybe there were good intentions, but the offer was presented in the worst way possible,” says the Brazilian official. The program applies to Brazilians who have long-term Nikkei visas, but restricts their right — and that of their family members — to reentry until jobs are available in Japan. The terms are vague and will probably stay that way. Tatsushi Nagasawa, a Japanese health ministry official says it’s not possible to know when those who accept the money will be allowed back into Japan, though the conditions for reentry for highly skilled positions might be relaxed.

The Brazilian community plainly needs some help. The Brazilian embassy normally pays for between 10 and 15 repatriations each year, but in the last few months it has already paid for about 40. Since last September, Carlos Zaha has seen many in his Hamamatsu community lose their jobs. In December, he helped start Brasil Fureai, or “Contact Brazil,” an association to help unemployed Brazilian residents find jobs. He’s thankful to the Japanese government for the offer of assisted repatriation, but says the decision will be a rough one for workers. “I don’t think [the government] thought this through well,” Zaha says. “If someone is over 50 years old and is already thinking of returning to Brazil then it might work. But there are many people in their 20s and 30s, and after two or three years they’re going to want to come back to Japan — and they won’t be able to.”

Lenine Freitas, 23, the son of the union leader, lost his job at Asmo, a small motor manufacturer, one month ago, but says he plans to stay in Japan and work. Freitas says that there would be no problem if the Japanese government set a term of, say, three years, after which Brazilians who took the money could return. But after nine years working at Suzuki Motor Corp., he thinks that the government should continue to take responsibility for foreigners in Japan. “They have to help people to continue working in Japan,” he says. “If Brazilians go home, what will they do there?”

And if Nikkei Brazilians, Peruvians and others who have lost their jobs go home, what will Japan do? Last week, Prime Minister Taro Aso unveiled a long-term growth strategy to create millions of jobs and add $1.2 trillion to GDP by 2020. But the discussion of immigration reform is notoriously absent in Japan, and reaching a sensible policy for foreign workers has hardly got under way. Encouraging those foreigners who would actually like to stay in Japan to leave seems a funny place to start.

http://www.time.com/time/world/article/0,8599,1892469,00.html

Which Side Are You On?: Hakenmura and the Working Poor as a Tipping Point in Japanese Labor Politics

Toshikoshi Hakenmura: A Japanese “Hooverville”

In Japan, the week or so from the end of December through the first days of the New Year constitute the longest and most solemn holiday of the year. Mainstream newspapers and TV news programs during this week are typically filled with mundane reports of the events of the season. But the week bridging 2008 to 2009 was distinctively different. Each day, the newspapers, TV news programs, and even websites such as Yahoo carried reports — often as the top story with frequent updates — of a unique camp supplying food, beds, health checks, and even spiritual support to jobless and homeless people gathered in the center of downtown Tokyo. This news drew an unexpectedly wide range of attention and generated unprecedented reactions, and its drama symbolized the recent suffering of Japanese workers and their families, especially “the working poor.” The entire episode suggests there has been a turning of the tide in Japanese labor politics.

The name of the camp is Toshikoshi Hakenmura, roughly translatable as “New Year’s Eve Village for Dispatched Workers (the full term for “dispatched worker is “Haken Rodosha”). In recent years, Japanese employment agencies have been dispatching thousands of workers on short-term or temporary contracts to manufacturing companies such as automakers. But in late 2008, many of these contracts were suddenly canceled as manufacturers responded to the recession by reducing production (these cancellations are termed “haken-giri” or “dispatch cuts.”). During the period of their contract, these workers had typically been housed in dormitories for temporary employees. As their contracts were cancelled, the workers were ordered to leave the dormitory. In the current economic climate, the dispatching agency was hardly able to provide new jobs to these unemployed workers. Many soon found themselves indigent, and some were homeless, compelled to sleep on park benches in the cold night. Very few homeless shelters are available in Japan in any case, and because relevant public offices are closed, the holiday season is the hardest time for these homeless. This was the context for the opening of the Toshikoshi Hakenmura.

The idea for this village emerged from a discussion in December 2008 at a bar in Tokyo among activists and lawyers who had been helping unemployed dispatch workers. These activists organized an executive committee to prepare the village, which opened at Hibiya Park, Tokyo’s relatively small “Central Park,” over the week from December 31st to January 5th (at which date public offices for the unemployed were supposed to open). The organizers distributed food and lodging, provided counseling and employment consulting services, and helped the residents apply for welfare benefits. The residents pitched tents for their lodgings, but the space was cramped and it was hard to sleep with nighttime temperatures around the freezing point.

On January 2nd, the executive committee requested the Ministry of Health, Labor, and Welfare (MHLW) to open its building located opposite the park. The Ministry promptly agreed and provided its main hall to lodge these homeless individuals. During these 6 days, more than 500 unemployed and homeless workers stayed at the village, and nearly 1700 volunteers worked there. Donations to the village totaled 23,150,000 Yen (about $230,000). After January 5th, the MHLW worked together with the Tokyo Metropolitan authorities to open temporary shelters for those workers who still needed accommodations. Not a few of the workers who came to Hakenmura spoke of killing themselves if they could not find some hope, and indeed, Japan has recorded more than 30,000 suicides every year since the mid 1990s. This compares to a steady annual rate of roughly 20,000 suicides over the previous two decades, and as a per capita ratio is double the current levels in the United States.

“Hooverville” was the term coined to describe the numerous shanty towns created by homeless men during the Great Depression in various American cities, an ironic reference, of course, to president Herbert Hoover. Nearly 80 years ago the spectacle of these Hoovervilles pushed Roosevelt and American labor politics toward the New Deal. In this light, one is led to wonder about the political significance of the similarly ironically named “New Year Hakenmura.” Does it indicate a tipping point in Japanese labor politics?

What Drove the Dispatched Workers to Hakenmura?: The 1999 Dispatched Manpower Business Act

Why did the dispatched workers come to ask for help at Hakenmura? Certainly the global recession sparked by the U. S. financial crisis of the fall of 2008 is the direct cause. As demand for its exports collapsed in the final quarter of 2008, the Japanese economy contracted at its fastest pace in nearly 35 years. The government admits that the Japanese economy is facing the worst crisis since World War II. Even famed exporters including Toyota and Sony have not only slashed production and exports but have began to eliminate significant numbers of manufacturing jobs. Temporary workers are the first victims.[2] It is estimated that by the end of 2009, about 150,000 dispatched workers will be unemployed. The workers who took refuge in Hakenmura were an early group of these growing numbers of the unemployed.

But the problem of the dispatched workers is in a sense more a political than an economic one: they are the victims of the 1999 Dispatched Manpower Business Act. The Dispatched Manpower Business Act was originally passed by the legislature (Diet) in 1985. It was based on an “open list method,” in which only those categories of employment listed by the government could be served by dispatch employment agencies. The act was revised in 1999, and a “negative list method” was adopted; agencies, that is, could provide contract labor for any jobs except for those specifically prohibited. As a result, jobs in the packaged delivery field and other related distribution industries were opened to the dispatch agencies, and dispatched jobs increased dramatically in these sectors. In 2004, jobs in manufacturing were also opened to dispatch agencies, where many disguised dispatched workers had already been hired. The number of dispatched workers in manufacturing industries skyrocketed to meet the higher demand of flexible production and low cost. At the same time, amendments to the Unemployment Insurance Law made it more difficult for these dispatched workers to obtain unemployment benefits.[3]

These legal changes were part of the deregulation policies of conservative governments, mainly led by the Liberal Democratic Party (LDP) from the late 1990s. Japan’s labor unions could not significantly resist this neo-liberal reform of labor policy, which rapidly expanded the number of part-time and dispatched workers with no job security, few benefits, and low wages. Japanese labor policy making for some time had been worked out through negotiations among delegations of employers, unions, and public interest groups in tripartite advisory councils in the Ministry of Labor (former Ministry of Health, Labor, Welfare). Since the late 1990s, growing domestic and international pressure for economic deregulation had led top-down special committees attached to the Cabinet to intervene in such decision-making process, undercutting the role of the advisory councils and making it impossible for unions represented in these councils to veto deregulation measures.[4] Furthermore, while unions were not wholly blind to the anticipated result of the deregulation, they were not greatly concerned with the problems of dispatched workers because they were not union members. Japanese unions have for decades been basically enterprise-based organizations, unions whose membership is usually limited to the regular employees of the enterprise, especially in the manufacturing sector. Dispatched workers have typically been excluded from these unions.

Who Invented Hakenmura?: The Community Union

While many non-profit organizations support the dispatched workers involved in Hakenmura and the working poor more generally, the organization at the center of this action was Zenkoku Komunitii Yunion Rengokai (National Federation of Community Unions), abbreviated as Zenkoku Yunion. The organization is a network of community unions, established in 2002, and affiliated with Rengo (Japanese Trade Union Confederation, the biggest national labor federation in Japan) in 2003. The community union is not an enterprise-based union but a regional group whose members consist of diverse types of employees at different work places, including foreign workers. While Zenkoku Yunion is a nation-wide network of regional unions, it includes some unions which enroll specific types of employees across multiple companies and regions, such as lower-level managers and dispatched workers. Although the community unions are small (membership is one thousand at most), such unions are significant for supporting those workers who have typically been excluded from the Japanese regime of enterprise unionism.

The most important weapon of the community unions is an activist-style movement leadership which inspires members to confront their hardship. Indeed the union gives them strength. Leadership is not exercised through administrative positions and the entrenched power seen in mainstream unions, but through the energy, courage, intellect, organizational ability, and even life stories of activists and leaders. These militant minorities in the Japanese labor movement came from the ranks of veteran radical union officers, community organizers, student activists, and labor lawyers who have been very active in supporting workers outside the mainstream of large-firm employment, as well as workers suffering from unfair labor practices or in debt to loan sharks. These activists and leaders have forged a wide-ranging advocacy network that covers issues of workplace safety, environmental protection, and the rights of women, people with disabilities, and immigrants, along with the more traditional issues of work and employment relations such as job security and wages. The activity of the community union sometimes goes far beyond that of a trade union; these groups in fact serve as a sort of non-profit organization involved in various civic activities regarding working and living conditions, such as asylum for injured illegal foreign workers and their families, or support for abused women and workers suffering discrimination because of disabilities. Some of these unions also organize consumers’ and workers’ cooperatives, run by and for their members.

Because of the manifold functions and goals of their movement, community unions’ organizing methods are also distinctive. They often focus more on building a social movement than organizing as a labor union; they “promote causes, principled ideas, and norms, and they involve individuals advocating policy change.”[5] For example, they recently united both a few managers and part-time workers at Japan McDonalds (the Japanese corporate entity of the global hamburger chain) to campaign over the issue of unpaid overtime work. Effectively using the media and filing suit in court, skillfully backed by various public activities, this community union eventually forced the company to pay for overtime work, despite its very small membership.

Preparations for Hakenmura were undertaken in just a couple of weeks after the idea was generated at a party held at the end of a session of telephone counseling for workers run by one member union of the Zenkoku Yunion federation. This group of activists, leaders, and friends of the Zenkoku Yunion alone had the movement skills and resources to set up this facility so successfully in such a short period of time.[6]

Why Was Hakenmura So Effective? The Media’s Rush to Labor

While Hakenmura could not have appeared without the creative thinking and action of Zenkoku Yunion and its movement colleagues, there is also no question that these activities became so well known only due to widespread media attention. In fact, the organizers of Hakenmura anticipated such attention from the outset; hence the decision to open the village in the Hibiya Park, in the heart of Tokyo.

As labor questions have become central issues in Japanese politics in recent years, the media have been a driving force bringing these matters to the political mainstream. This does not necessarily mean that the media were radicalized from the outset. Media interest in labor questions was driven originally by a desire for audience ratings or increased sales of books, newspapers, or magazines. The media have been treating labor problems as a scandal in an affluent society. By sensationalizing the labor question, Japanese media have aroused curiosity as to what is really happening in workplaces of well-known companies where unprecedented numbers of accidents, along with legally questionable treatment of workers, were uncovered.

During the 1980s, labor problems were assumed to be minor issues in Japan, which was widely perceived at home and globally as one of the most successful developed countries in the world. This perception changed when the story of the “Lost 15 Years” (Ushinawareta 15 Nen), Japan’s long economic slump extending from the early 1990s to the mid-2000s, became a dominant focus of media attention. People deplored the lost vitality of the Japanese economy and looked back nostalgically on past economic success. Since the mid-2000s, however, public discourse of lost economic vitality has given way to a discourse of lost equality in Japanese society. This is the narrative of a “divided society” (kakusa shakai). Japan had long been considered among the most egalitarian of industrialized countries. The lost fifteen years, however, generated a widening gap between rich and poor. One of the major reasons for this gap was the decline of the system of relatively long-term stable employment in major companies, seen as distinctive of Japanese society, which had supported a relatively equitable distribution of wealth. The retreat from commitment to long-term employment on the part of many firms produced a greater disparity in career opportunities and choices offered to the younger generation. The youth suffering diminished opportunities over the “Lost Fifteen Years” have been dubbed Japan’s “Rosu Gene” (Lost Generation) in the media.

Major Japanese newspapers, business magazines, and academic journals have shown that the gap in income and assets has been widening and that the poverty rate has increased dramatically in the last decade. By some measures, Japan’s poverty rate is now the second highest among industrialized countries, after the United States. This discourse of a “divided society” has fanned fears that Japanese society was coming to be divided into the two worlds of winners and losers (kachi gumi and maké gumi) among workers and their families.

Ever alert to new trends, the media have recently shifted their focus from the “divided society” to the “working poor” (Waakingu Pua). This term, referring to people who have jobs and work hard, but remain poor, was imported from the United States, where the category of the working poor encompasses low-paid workers, many from immigrant, single-parent and minority families, many in service industries, and non-mainstream workers with diverse backgrounds in various industries. The term has much the same meaning in Japan. Non-regular jobs (off the secure track of “regular employee” status) in Japan have drastically increased during the last decade, as unemployment has risen significantly.[7] These jobs have been held by female part-time workers (labeled “paato”, numbering 7.8 million in 2005), young part-time or casual workers (labeled “arubaito,” 3.4 million in 2005), contract workers, engaged directly by an employer on a short-term contract basis (numbering 2.8 million in 2005), and dispatched workers, engaged on limited-term contracts through a dispatching agency (1.1 million in 2005). Whereas one out of five or six employees in Japan fell into one or another of these non-regular categories in 1990, by 2005 almost one out of three was so employed.

The wages of atypical workers are approximately two-thirds to three-fourths the level of regular workers’ wages, even if they perform the same work. A growing number of employers indicated their intention to replace full-time with part-time workers because of the lower cost and greater flexibility. They were encouraged by the fact that Japan had no comprehensive law prohibiting discrimination against part-time or other non-regular workers, compared to full time, in wages, welfare programs, or social insurance. Furthermore, as already described, the Japanese conservative (or “neo-liberal”) government accelerated deregulation during these years, helping employers to more easily and flexibly hire non-regular workers, including dispatched workers.

The year 2006 was the turning point in the journalism of the emerging “labor scandal.” In July, an “NHK Special Documentary,” one of the nation’s most respected programs, featured the Japanese working poor. Sequels were aired in December 2006 and 2007. Other broadcast stations followed with similar documentary programs about the working poor in 2007 and 2008. Together these shows created a sensation, and the term “working poor” spread among ordinary people who felt a strong and growing interest in labor issues, especially as the problems of the working poor came to feel uncomfortably close to their own situation. Since then, labor questions pertaining not only to the working poor but also to companies’ illegal employment practices and government labor policies have often occupied the front pages of major newspapers and magazines and top news of national TV news programs.[8] So-called “proletarian novels,” originally published in the 1920s exposing the brutal conditions aboard cannery ships in the northern Pacific Ocean or workers’ resistance to overseers, were republished and gained a large readership, especially among the youth. It appears these young readers found strong connections in these stories to their own circumstances. They also learned the meaning of solidarity among workers in these heroic narratives, something they had not experienced in their own lives.[9] Newspaper editorials and the commentary of TV news anchors have been sympathetic to the working poor; the labor question was presented not as a matter of the responsibility of the individual worker (to find a job, for example), but as a matter of social justice. It was in this context of growing public concern that Hakenmura became a perfect event for the attention of media seeking to put forward an agenda of labor questions needing to be resolved.

Who Supported Hakenmura?: The United Front for Dispatched Workers

While Hakenmura provided an excellent subject for media eager to put forward a labor agenda, the village also offered a common space in which almost all labor organizations across the political spectrum could cooperate. Hakenmura gave rise to a united labor front to rescue jobless and homeless dispatched workers. The Japanese labor movement had seen no comparably wide-ranging united front over any labor issue since 1960. Hakenmura in this sense revived a tradition of Japanese social movement unionism in which unions and social movements sought to work hand-in-hand to address the suffering of people.

In the wake of World War II, Japanese labor unions experienced remarkable growth. By 1950 the unionization rate reached approximately 50 per cent. However, unions were organized at the level of individual enterprises, and working conditions were determined by collective bargaining between each enterprise union and the employer.[10] When a new national labor federation, Sohyo (The General Council of Trade Unions of Japan) was established in the early 1950s, it envisioned a labor movement that would reach out across the separate unionized sectors, and beyond them, to involve all unions and other workers’ organizations in broad-based social and political movements. While promoting the principle that “an injury to one is an injury to all” throughout the country, Sohyo actively supported a strong peace movement in alliance with liberal intellectuals, the women’s movement, the farmers’ movement, Socialists, and Communists, and it supported long and aggressive strikes by enterprise-based unions.[11]

After the mid 1950s, Japanese management and unions at large enterprises reached settlements in which employees agreed to cooperate in an effort to increase productivity if employers agreed to guarantee their long-term employment and improve working conditions. Manufacturing companies in industries such as steel, shipbuilding, automobile, and electric machinery also established subcontracting systems for portions of their labor force, to reduce costs while securing employment and better working conditions for their own employees.[12] Membership in enterprise unions was usually restricted to regular workers; non-regular workers (part-time or contract workers) were excluded. These large private enterprise unions led the way toward re-unification of the labor movement from the mid 1970s onwards. When Rengo was finally established in 1989, it was perceived as the political agent of big business unionism.

Since the 1990s, the Japanese labor movement has shrunk significantly. Many workers, particularly those employed in small to medium-sized enterprises and those with part-time jobs, have faced worsening job conditions without union protection. Japan’s unionization rate is now less than 19 per cent, and the unionization rate in small to medium-sized enterprises is much lower. This decline in union membership has reflected the rapid growth of offshore production. During the last decade alone, Japanese unions have lost 2 million members. But it is a loss in the vitality of the labor movement that has been more problematic than simply the decline in the unionization rate or the overall decline in membership. The number of labor disputes in which unions are engaged has been declining sharply for the past fifteen years. The number of strikes has also dropped steeply, and Japan could soon be a country without strikes of any kind. Even as numerous workers continued to suffer under terrible working conditions during these turbulent years, the labor movement seems no longer to be a vehicle for workers’ collective struggle against unfair labor practices.

As a result, workers have for some time been seeking alternative outlets for the sorts of advocacy or protection that unions might have once provided. Whistle blowing is one of them, and the number of reported corporate scandals and accidents has been steadily rising. While scandals and accidents are the result of worsened working conditions which unions might have addressed, it is also true that the rising number of reports is a result of workers’ declining loyalty to their companies and waning trust in their unions. It is clear that deteriorating standards of employment are taking a toll on Japanese working people. Some become severely physically and mentally ill, while others drop out of the work force altogether and become homeless. One indication that some workers retain a willingness to fight against unfair labor practices is the booming industry of individual labor disputes. The number of cases of civil litigation over labor problems has tripled since the early 1990s. Major issues in these litigation cases are claims for unpaid wages and retirement benefits, contestation of termination of employment, challenges to the validity of disadvantageous changes of working conditions and disadvantageous transfers. Labor administrative agencies now also receive an increasing number of complaints through their counseling services.[13] Lacking an effective system to resolve individual labor disputes, the government in 2006 introduced the labor tribunal system. In 2004 it also reformed the unfair labor dispute adjudication system in order to speed up and strengthen its authority. The Labor Lawyers Association of Japan (LLAJ) currently has 1400 members, and young attorneys continue to join.[14] Some of these lawyers have worked with Zenkoku Yunion and joined Hakenmura.

In this difficult situation, by broadening its goals and linking with other social groups, the movement has finally created a viable union sector for employees of small and medium-sized enterprises and non-regular workers. And, in support of this effort, the Rengo federation has switched from big enterprise unionism to social movement unionism since the beginning of the 2000s.[15] Since then, Rengo has been articulating a set of goals much more in line with the changes taking place in the labor market, including, among other things, adjusting the unbalanced power relationship in the subcontracting system between large and small-to-medium-sized enterprises, offering counseling services for non-regular workers’ complaints about working conditions and unfair labor practices, organizing non-regular workers, strengthening the federation’s local branches and their welfare programs for joint activities and mutual aid for small to medium-sized enterprise unions and non-regular workers, and defining a social minimum of working conditions. In defining these goals one by one, Rengo adopted the rhetoric of social movement unionism, which emphasizes cooperation with other social movements on behalf of unorganized and disadvantaged workers. In this new context, Zenkoku Yunion has affiliated with Rengo.

Decline in Japanese union membership, 2000-2006

As mentioned earlier, Zenkoku Yunion served as a magnet for workers excluded from the Japanese regime of enterprise unionism. It has also been a magnet for radical labor, social, and political activists who have been marginalized since the Sohyo-style social movement unionism declined in the early 1970s. These militant minorities have developed a web of connections with rank-and-file activists and minority leaders within Rengo, the National Labor Union Federation Japan (Zenroren) led by the Communist Party (JCP), the National Labor Union Conference (Zenrokyo) led by the former Japan Socialist Party (JSP), new left labor groups, and new social movement groups for youth, women, and foreign workers. These groups together have recently organized the Anti-Poverty Network (Han Hinkon Nettowaaku), comprising the core members of Hakenmura’s executive committee. In other words, Zenkoku Yunion is playing an indispensable role in support of Rengo’s practice of social movement unionism.

Recently Zenroren has been very active in addressing the issue of the working poor. The Communist Party’s radical argument on the issue has attracted the young generation. Severely criticizing enterprise unionism for its failure to help the dispatched workers, the media have given positive attention to these leftist activities. And, behind the scenes, Rengo has been involved in the various activities of Zenkoku Yunion and its movement colleagues. When the Hakenmura project was initiated, its organizers asked Rengo to make great efforts in the background. In fact, Hakenmura relied on Rengo’s physical resources, manpower, and political connections. This would be the first time for Rengo’s members to work officially with members of Zenroren and Zenrokyo in a campaign; since Rengo was established twenty years ago, these three federations have been fighting against each other. When Sohyo was absorbed into Rengo, Communist-led groups within Sohyo split off from some of its constituent unions and founded Zenroren, and Zenroren originally tried to compete with Rengo. When it proved difficult to compete effectively, Zenroren sought to penetrate Rengo or work with it. Rengo has until now rejected Zenroren’s overtures because of a strong anti-Communist allergy within Rengo. But now Rengo seems ready to work with Zenroren and other groups from the perspective of social movement unionism, so long as it is beneficial for all workers and their families. Hakenmura was the first test of this stance.

Why the Government was Supportive of Hakenmura?: The Re-regulation Offensive

The united front in support of the dispatched workers was not limited to the labor and social movement. One surprising turn of events came when the Hakenmura executive committee asked the MHLW to open its building for the workers’ lodging on January 2, and the ministry promptly agreed. This was the first time it has offered its building for workers’ lodging. Until they heard the announcement, few if any observers would have expected MHLW take this step. And surely no one expected that the decision would be made so quickly, on January 2, a national holiday when ordinarily there was nobody at all working. But MHLW acted as if it had been standing by, ready to help. Why was the ministry so accommodating to Hakenmura? The reason is that the foundation for a united political front, to be sure a carefully calculated one, had been laid for the bureaucrats as well. In fact, politicians of all the parties, from the LDP to the JCP, had visited Hakenmura to learn how they could help the workers. Of course, their visits were aired on national news programs. The person in charge of opening the building was a vice minister of the MHLW. He must have discussed the decision with the minister. One of the leaders of the Democratic Party who visited Hakenmura was a former minister of MHLW, and he likely called the minister requesting him to help the workers.

What brought about this remarkably united political front? It represented a culmination of the mainstreaming of the labor question in Japanese politics, as all parties sought to position themselves as the friend of the workers. This shift was apparent earlier in the fight against what is called the “white-collar exemption.” This exemption represented a deregulation of limits on working hours; it exempted white-collar employees, whose annual income met a minimum standard, from the protection of the eight-hour day and the 40-hour work week, meaning they would no longer receive overtime pay if they worked beyond these limits. After this exemption had been discussed in the advisory council of MHLW for several years, disagreement between representatives of labor and management stalled any movement on the issue during the summer 2006. Nevertheless, MHLW was preparing to submit a bill to the winter 2007 session of the Diet in line with the demands of management organizations. The Rengo federation, and especially Zenkoku Yunion, campaigned vigorously against the bill. Their movement peaked with several large gatherings and demonstrations. At this point, with dramatic headlines, the media threw their support behind the Rengo campaign. As a result, strong sentiment against the bill spread among the public. On the grounds that the bill was misunderstood, in January 2007 the Abe LDP government finally abandoned its plan to submit it, while stating its intention to submit other bills favorable to non-regular workers.

This case illustrates the process by which the labor question has been mainstreamed in Japanese politics. First of all, labor issues became critical for the government. In this instance, the most compelling reason for the government to abandon the bill was anxiety about how it would negatively influence the Upper House election, scheduled for the summer of 2007. It was most significant, in this regard, that as the campaign against the bill intensified, the Komeito (the Clean Government Party, CGP), a member of the ruling coalition, was the first to vigorously oppose the bill. CGP was competing with the JCP, which had already joined the campaign, for the support of working and middle-class voters who suffer disproportionately from the deregulation of work rules. The LDP pressured the government to abandon the bill because it desperately needed CGP support.[16]

Growing popular interest in labor questions and concern with the “divided society” have provided politicians with a new rhetoric concerning the various issues involved, leading them to seek new bases of support. This shift certainly occurred within the LDP. The ruling party has been much more enthusiastic than the opposition Democratic Party, which Rengo had supported, in introducing new labor policies to ameliorate the status and working and living conditions of non-regular workers. In fact, one LDP leader with a strong neo-liberal disposition declared that the party should become the standard-bearer of part-time workers.[17] He believed that the LDP could promote equality of opportunity and “second chances” for underprivileged workers much more effectively than more radical schemes to improve working and living conditions. From the viewpoint of equality of opportunity, the LDP leader was also prone to attack the “vested interest” privileges of public employees. Similarly the policies of the Abe government aimed at giving non-regular workers equal opportunity, not directly through promotions or pay raises, but by removing legal impediments to advances in position or pay. By such policies, the LDP leadership expected to drive a wedge among workers, the mainstay of the opposition party, to divide Rengo, and to attract some working class support to the LDP. But as neo- liberalism has declined even in the LDP, this group’s influence over the government’s labor policy has been diminished.

While the debate over the white-collar exemption was heated, other LDP leaders formed a special committee on labor policy within the party to intervene in the policy making process. Their aim was to undermine the existing labor policy community, in which Rengo, Keidanren (the Japanese Federation of Economic Organizations), and MHLW have dominated.[18] This group’s policy tendency is more anti-deregulation, especially in labor policy. Having specialists of labor policy among its members, the committee has led the LDP’s labor policy development and implementation since the Abe government. While they have been very active in connecting with other labor policy networks, they have also sent their members as representatives of the LDP to symposiums and campaigns organized by Zenkoku Yunion. Their policy response to the working poor has been quick and flexible. Disappointed with lack of a clear labor policy among specialist groups within the Democratic Party, Rengo sometimes has consulted unofficially with the LDP committee.

Seeing the reverse tide of labor policy flowing from deregulation to reregulation, MHLW has tried to swim with the current to regain its status as a friend of workers, a position anticipated when the Ministry of Labor was founded immediately after World War II. Moving with public opinion also represented a chance to recover its honor, which had been severely damaged in the scandal of massive loss of pension records by one MHLW agency. The MHLW was not the only organization that had to persevere and endure for years in the face of the deregulation policy and anti-bureaucratic sentiment of the Koizumi government.[19] The Ministry of Finance is another bureaucratic organization that has tried to float on the stream of active government to help suffering workers. Both ministries are currently acceding to Rengo demands on labor policy; some of the programs, laws, and budget measures proposed by these ministries are products of joint work with Rengo.

In this fashion, the mainstreaming of labor politics on a complicated, competitive terrain has created a favorable political context and led the government to be supportive of Hakenmura.

A Critical Moment for Japanese Labor Politics

After the Dispatch Workers Village at Hibiya Part was closed, similar facilities were organized by local union groups and other non-profit organizations elsewhere, and several more are planned to open in other cities across Japan. Although the organizations responsible are not necessarily members of Zenkoku Yunion, they use the name of Hakenmura for their activities. There is no question that Hakenmura captured attention at a critical moment for labor, the labor movement, and labor politics in contemporary Japan. It is also certain that Hakenmura opens a window on the state of mind of people in Japan today: if some among us are suffering poverty, why don’t we help them? This is a habit of the heart which Japanese people have for some time lost. In this regard, the New Year Dispatch Workers Village might mark a cultural as well as a political tipping point.

http://www.zcommunications.org/znet/viewArticle/21137

DPJ slams strict bills on foreign residents

These cards, called “zairyu,” would replace alien registration cards if the bills now before the Diet are passed. Foreigners are currently required to carry their alien cards at all times, but unlike at present, a failure to carry the zairyu could draw a ¥200,000 fine. Also subject to the fine would be failure to promptly report changes in personal information, including residential address, place of employment or marital status.

“The control (over foreign residents) is too tight” in the bills, said Hosokawa, who is the justice minister in the DPJ’s shadow Cabinet. Under the proposed system, resident registrations would be handled by the Justice Ministry, not the municipalities where people live.

The bills to revise the immigration law, which were submitted to the Diet in March, have drawn fire from foreigners, lawyers and nonprofit organizations, who complain the proposed stricter monitoring is a violation of human rights.

The panel also rejected language in the bills to strip foreigners of their residency status for failing to report new addresses to the government after a move.

http://search.japantimes.co.jp/cgi-bin/nn20090417a1.html

English lessons on the cheap

So imagine my surprise when I found out a week from the end of the school year that I would not be returning to my school. The local Board of Education had changed the company that supplied assistant language teachers.

Supportive teachers advised me to talk to the BOE and ask for a direct hire — after all, they would not want to lose the only qualified foreign teacher they had, would they? This made sense, particularly since the current employment practice of the BOE was against the ministry of education’s advice. Therefore, I made my appointment with the local BOE, and clearly outlined the benefits for the BOE and school in my direct employment. Unfortunately none of this mattered: I received a response of “impossible” as soon as the words were out of my mouth. It was at this point I realized the truth: They were not the supporters of education I had imagined. The continuity of students’ learning was not important to them. The effort I had put in meant nothing. The fact that both the Japanese teacher of my class and myself were leaving did not matter, because they had a cheaper deal with their new company.

What expectations can Japan have from its English language programs when everything comes down to saving a few yen? The influx of “dispatch” companies, often breaking labor law by illegally dispatching temp workers to schools under the instruction of the BOE or principal, or breaking educational law if they are not, has created a situation where the pay is so low that those who will accept it are increasingly ill-equipped to teach, often with no experience, qualifications or even higher education, obtaining visas through marriage or working holidays. Many are from non-native English backgrounds with poor English ability and heavy accents.

It is time that the ministry of education opened its eyes to the practices of local boards of education. There are many qualified teachers who are willing to accept the amount paid to the third-party dispatch companies, but unless action is taken BOEs will continue to take the easy way out when hiring.

http://search.japantimes.co.jp/cgi-bin/fl20090414hn.html

Job firing launched labor activist on career

You may have seen him on TV, commenting on Nova teachers who lost their income and housing when the language school went bankrupt in November 2007. Or you may have seen him marching through Shibuya, leading a chant of “Tatakau zo! (We’ll fight!)” and calling for solidarity and action among workers. Or you may have seen him on the streets, handing out fliers he penned himself calling for an end to unfair dismissal.
 
On any of the above occasions, Louis Carlet, the vice secretary general of the 2,600-member-strong National Union of General Workers Tokyo Nambu (NUGW), of whom 15 percent are foreigners, is at ease with himself, pursuing his cause in flawless Japanese.

Carlet urges fellow foreigners to learn the Japanese language as best they can, and notes that he lives in a completely Japanese environment.

“I don’t support segregation,” said Carlet, who, despite often open and blatant discrimination against foreigners, plans to stay in Japan. “I want to be a normal part of society, separate my garbage properly and all that.

“And I think foreigners should learn Japanese, and I often pressure foreigners, ‘If you live here, learn Japanese. Even if you are here for two years, learn Japanese.’ “

http://search.japantimes.co.jp/cgi-bin/fl20090414ww.html

Immigration reforms spell Big Brother, JFBA warns

The Japan Federation of Bar Associations and nonprofit organizations voiced concern Wednesday that bills to revise immigration laws will violate the human rights of foreign residents.

The bills were submitted to the Diet earlier this month and will be deliberated on soon.

Critics of the bills also said punishments for violators of the revised laws, including a fine of up to ¥200,000 for those not carrying the new “zairyu” (residence) card that will replace the current alien registration cards, are too harsh.

The bills propose consolidating the management of foreign residents’ data under the Justice Ministry, replacing the current system in which local governments take charge of foreign resident registration, while the ministry handles immigration control.

“Overall, the revision greatly lacks consideration of foreigners’ privacy. The level of consideration is so much lower than that for Japanese,” Mitsuru Namba, a lawyer and member of the JFBA’s human rights protection committee, told reporters in Tokyo.

Social Democratic Party chief Mizuho Fukushima, who was at the briefing, is ready to oppose the government in the House of Councilors. “The bills suggest monitoring of foreigners will be strengthened. Management of information will lead to surveillance of foreigners,” she said.

Namba and Nobuyuki Sato of the Research-Action Institute for the Koreans in Japan urged lawmakers to amend the bills so the state can’t use the zairyu card code number as a “master key” to track every detail of foreigners’ lives.

“Such a thing would be unacceptable to Japanese, and (the government) must explain why it is necessary for foreigners,” Sato said.

http://search.japantimes.co.jp/cgi-bin/nn20090326a3.html