May 25th Mini-Koudou Demos

Rain or shine, Nambu members turn out when called, and more than 20 people participated throughout the day in the Mini-Koudou demos last Friday, May 25.

Action began with a multi-union demo in Kasumigaseki. Hundreds of unionists surrounded the Ministry buildings in support of dismissed JR workers who have been fighting for decades. Listening to the speakers, some of whom were on a hunger strike, suddenly the rain didn’t seem worth compaining about.

A highlight of the day was a visit to the offices of Universal Language Institute (ULI) where we declared a new branch. Management were more than a little surprised to find their office suddenly filled with a dozen union members, and demanded that we leave. Nambu President Hiraga refused, and insisted that ULI recognize the union and commit to negotiations with the new branch. After some debate, ULI management realized that it made more sense to recognize the union than to have a dozen activists occupying its offices and chatting about working conditions with other ULI staff, who in fact seemed to enjoy the diversion.

Later in the day, we returned again to the infamous [three lettered college in Shinjuku], where management has been trying to crush the union for two years now. Managers stood by scowling as students took our leaflets to read during their break. As for the non-union teachers who walked by the picket line, one of our members said it best by quoting Edmund Burke: “Evil triumphs when good men do nothing.”

Union-busting problems at a Berlitz franchise in Sapporo were brought home to Berlitz HQ in Aoyama, as leafletters informed passers-by about unfair labour practices going on under the Berlitz name. Demonstrations were also held in front of ELS, the Berlitz-affiliated company in Shinjuku that runs the Sapporo franchise. This demo was well-timed, just as ELS students and teachers were leaving the building, and all were curious to hear about what was happening up north.

By coordinating action, and working together to resolve disputes at other workplaces as well as our own, wemultiply our strength and solidarity. Watch for more Mini-Koudou in the future!

Reinstate the Sapporo Four!

The fight against union busting at the Berlitz-ELS Sapporo Language Centre continues, with two demonstrations held recently in Sapporo and Tokyo.

In Sapporo, union members leafletted in front of the Berlitz-ELS LC on March 12. The union continues to receive strong support, with a new member joining the original Four, and students as well as members of the local Sapporo Rentai union helping to hand out flyers. The public is obviously reading the flyers, as we have received phone calls to the office in Tokyo from students concerned about the situation.

In Tokyo, union members gathered in front of the ELS school in Shinjuku, and distributed about 300 leaflets. Even without a loudspeaker, the colourful placards and energetic chanting of the protestors convinced the passers-by that something was definitely amiss with the company on the 7th floor. More than half the participants were from Berlitz and Simul, who, along with ELS, are Benesse group companies.                                

Background:

Union members at the Berlitz-ELS Sapporo LC are fighting unfair dismissals and union-busting at ELS Japan. ELS denies that the dismissals targeted union members, but cannot explain why out of 17 teachers, only the four union members were fired, less than two months after their first collective bargaining to boot. Unsubstantiated claims of “poor performance” don’t stand up against years of experience, good evaluations, and petitions from students to bring these teachers back to work. 

The real reason may lie in changes to contracts introduced unilaterally this April, as teachers said good-bye to benefits such as paid national holidays and prep time for kids’s lessons.

This unfair labour practice is going on literally under the names of Berlitz and Benesse, which adorn the entrance to the school in Sapporo. ELS took over the Sapporo LC in 2006, but retained the Berlitz operation in a “double-branding” agreement with Berlitz Japan.

Court invalidates sacking of Japanese-Brazilian who called boss ‘idiot’

The Nagoya District Court on Wednesday invalidated a company’s sacking of a third-generation Japanese-Brazilian who called his boss an idiot, saying the company had abused its right of dismissal.Ruling in favor of the 35-year-old worker, the court said sacking the worker for calling his boss an idiot was unacceptable.

“The firing is not acceptable under current social standards, and it was an abuse of the right of dismissal,” Judge Toshiro Tamiya said as the ruling was handed down.

http://mdn.mainichi-msn.co.jp/national/news/20070509p2a00m0na022000c.html

Overtime or the cure — which is worse?

According to the Health, Labor and Welfare Ministry, the average full-time employee worked 2,041.2 hours in 2006, compared with 2,028 hours the previous year. Another government survey shows that one out of every four male employees in their 30s worked more than 60 hours a week in 2005. No job category breakdown was provided.

In 2003, a worker in the manufacturing sector in Japan worked on average 1,975 hours, compared with 1,525 hours in Germany and 1,538 hours in France. Closer to Japan, but still lower, was the United States at 1,929 and Britain at 1,888.

To deal with the high overtime rate, the government prepared a revision to the Labor Standards Law to increase pay for such work.

However, it also wrote another bill to exclude senior white-collar employees from overtime pay, the so-called white-collar exclusion. Management ranks are already excluded from overtime pay.

Strong public opposition to the exclusion forced the ruling bloc — the Liberal Democratic Party and New Komeito — to shelve the bill. But labor experts and unions fear it is only being held back so it won’t affect the bloc’s chances in the July House of Councilors election, and that after the poll they will submit it to the Diet.

“The issue will definitely come up again,” labor lawyer Ichiro Natsume said. “We must work harder to make the government give up the bill completely.”

http://search.japantimes.co.jp/cgi-bin/nn20070406f1.html

Nova’s policy on cancellations illegal: top court

The Ministry of Economy Trace and Industry and the Tokyo Metropolitan Government inspected Nova’s Osaka head office and several schools in February for allegedly charging high contract cancellation fees and on suspicion that it had given the government false information about its cancellation policy.

At that time, the government warned Nova it could be forbidden from enrolling new students if officials found clear evidence of more legal violations.

At least eight lawsuits have been filed against Nova to get the company to pay refunds, and the rulings have all favored the plaintiffs, according to the plaintiff’s lawyer in Tuesday’s case.

In one of the cases, a woman argued that the information Nova provided about its cancellation policy was insufficient, claiming it was written in tiny characters in hard-to-understand language in the contract.

http://search.japantimes.co.jp/cgi-bin/nn20070404a1.html

Top court rules Nova policy illegal / School must fully refund cancelers

The Supreme Court ruled Tuesday that major English school Nova Corp.’s method of settling early cancellations of its courses by using a higher unit price than when the contract was signed is illegal and violated the Specified Commercial Transaction Law.

The ruling followed a case brought by a 39-year-old man from Kita Ward, Tokyo, who tried to cancel a contract and demanded the company refund the 310,000 yen he said he was owed for classes he had not taken.

Presiding Justice Kohei Nasu ruled it is illegal to settle a contract by charging more for each unit taken than was agreed on when the contract was signed. He dismissed the appeal by Nova, and upheld and finalized the first and second rulings ordering the return of all the money demanded.

http://www.yomiuri.co.jp/dy/national/20070404TDY01004.htm

Top court: Nova’s refund tactic illegal

The Supreme Court on Tuesday rejected an appeal filed by Nova Corp., saying the refund system of the nation’s largest English conversation school is invalid and violates the specified commercial transaction law.

The decision finalized the rulings of two lower courts that ordered Nova to refund about 310,000 yen to a former student, the full amount he was seeking.

http://www.asahi.com/english/Herald-asahi/TKY200704040097.html

NOVA ordered to repay English tuition fees to man who cancelled contract

The top court on Tuesday dismissed an appeal by prominent English language school NOVA and ordered the group to return about 300,000 yen in prepaid tuition fees to a student who cancelled a contract.

NOVA’s tuition policy of selling classes on a point basis, with lessons becoming cheaper the more students buy, was at the center of the lawsuit.

The school had a policy of raising the price of lessons above the previously agreed fee should a student cancel a contract, thus reducing the amount it had to repay.

The Supreme Court ruled that NOVA should calculate the price of its classes on its initial rates.

The man, whose name is being withheld, paid 750,000 yen to NOVA in advance to buy points for 600 classes in 2001. The tuition fee per class was 1,200 yen.

He cancelled the contract in 2004 after finishing 386 classes. NOVA officials then said that the price of one class would come to 1,700 yen. The student claimed that NOVA should repay some 300,000 yen by calculating the price of the 386 classes at the rate set when he signed the contract.

The Supreme Court cited a law regulating commercial practices. The law provides that companies must not demand customers pay higher fees than previously agreed on if their clients cancel contracts midterm.

The National Consumer Affairs Center of Japan says it received some 7,600 complaints or inquiries about NOVA’s contract and cancellation policies from 1996 to March this year.

http://mdn.mainichi-msn.co.jp/national/news/20070403p2a00m0na018000c.html

Strike and Nationwide Protest against Union-Busting at ELS-Berlitz in Sapporo

Demonstrators gathered in front of ELS-Berlitz schools in Sapporo, Fukuoka, and Tokyo last Saturday to protest dismissals of four union members at the Sapporo ELS-Berlitz school.

Friends and students joined union members to hand out over 600 leaflets during a strike at the Sapporo school, while in Tokyo, Berlitz teachers and other union members called for reinstatement of the Sapporo Four, and in Fukuoka, the Fukuoka General Union delivered a letter of protest during a demonstration at the ELS-Berlitz school there.

ELS bought the Berlitz school in Sapporo last April, and many teachers continued working for the new owner, teaching exactly the same Berlitz lessons, albeit under contract to a new employer. Teachers who had been unionized at Berlitz soon formed a new branch to protect their working conditions at ELS, and started negotiating with the company. ELS responded by firing one member in February, and announcing the dismissal of the other three as of March 31. Out of 17 teachers, only the union members were fired – ELS calls this “coincidence”. The union calls it unfair labour practice and a violation of Trade Union Law.

The company gives “poor performance” as the reason for dismissal, yet the teachers are all experienced instructors, ranging in seniority from 6 years to 27 years, and have held positions of responsibility such as Instructional Supervisor and Assistant Instructional Supervisor at the school. One of the dismissed members is still being asked to do assessments and demo lessons for prospective customers, hardly a job one would assign to a poor teacher.

Strikes and demonstrations will continue until the company retracts these unfair dismissals.

Education boards hit for using contract staff as ALTs

Twenty-three municipal boards of education in Osaka Prefecture are suspected of using native English-speaking contract workers as assistant language teachers and placing them under the control of schools, a possible violation of the Temporary Staffing Services Law, an Osaka-based union announced Thursday.

The Osaka Labor Bureau has instructed six municipal boards of education, including those in Takatsuki, Sakai, Hirakata and Higashi-Osaka, to reconsider the practices, The Yomiuri Shimbun has learned.

A union spokesman said it was legal for the boards to use the contract workers as ALTs as long as they worked at the public schools under the direction of the staffing agencies. But he added that the boards of education had used the temporary workers like dispatch workers, who are under the direct control of schools.

According to the union comprising 550 Japanese and non-Japanese workers, which also provides consultation services for those workers, the 23 municipal boards said they received the contract workers from staffing agencies and let them work at public schools as ALTs, who are required to follow school curriculums and policies.

In January, the union sent questionnaires to all 43 municipal boards of education in the prefecture. Twenty-three said they had used contract workers sent from the agencies as ALTs, the union said.

A 27-year-old teacher who was dispatched to the Hashimoto Municipal Board of Education in Wakayama Prefecture by Zenken said he was given a general orientation about ALTs by the firm before he began working at public schools in the city, adding that he was usually instructed what to do in class by Japanese teachers.

http://www.yomiuri.co.jp/dy/national/20070323TDY02008.htm