Labor Board Orders Oberlin U to Talk to Union

Wednesday, May 26, the Tokyo Labor Relations Commission ordered Oberlin University to hold collective bargaining with Tozen Union. Oberlin University had refused negotiations since October 2019, demanding the union exclude rank and file members.   The university had also insisted on bargaining in Japanese even though the day to day language of labor relations at the workplace is English.

The union demanded collective bargaining after Oberlin University announced it would outsource classes to a private contractor, threatening the job and income security of our members. Oberlin claimed the outsourcing was not a legitimate topic for union negotiations, a claim firmly rejected by the commission.

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Bread & Roses: Covid, Not Olympics, Requires Our National Effort

SNA (Tokyo) — I teach a weekly class on social security theory at a nursing college. When I read comments from the aspiring nurses, I can see their passion for alleviating human suffering, as well as for the class, which is gratifying as a teacher.

The Covid pandemic that has spread over the globe over the past year has impacted medical facilities the most. Tokyo recently declared its third state of emergency, as the daily toll of new patients sometimes exceeds 1,000 people. Japan doesn’t restrict people’s movement as in a mandatory lockdown; the state of emergency means only that restaurants and department stores close an hour earlier than usual, and restaurants serve fewer alcoholic beverages.

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Tozen Union Opposes the Tokyo Olympics

As a labour union we fight for workers’ rights, and worker safety. And the Tokyo Olympics has had numerous counts of worker deaths and injuries, and workers have reported a “culture of fear” that discouraged them from making complaints about working conditions.

Another major reason that we do not support the Olympics is that the world is currently in the midst of a global pandemic. Corona cases in Japan have been constantly rising and dropping, and with no large-scale vaccination in sight, going ahead with the olympics would be an unnecessary risk to all.

Other reasons that we oppose the Tokyo Olympics are:

  • Financial costs
  • Loss of homes
  • Reports of corruption and bribery
  • The militarisation of the police
  • Unsafe temperatures.

Bread & Roses: Needless Death of a Sri Lankan Detainee

 

SNA (Tokyo) — “Japan is safer than other countries; the Japanese are kind; the streets are clean; and it’s easy to live here.” I hear foreigners say these things. But I also hear it from Japanese who have never lived abroad. The mainstream media’s Nippon Sugoi! campaign is working, perhaps, but it’s not far off from the nation’s general reputation. But read on: The current reality may blow your image of my country to smithereens. Can such a thing be happening in Japan in 2021?

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Bread & Roses: Osaka Court Overturns Welfare Cut

SNA (Tokyo) — A Japanese court overturned a welfare reduction for the first time ever on February 22, 2021. The Osaka District Court ruled against the government’s 2013 public assistance reduction of ¥67 billion (US$632 million), marking the first court win for the Inochi no Toride litigation campaign, involving more than 1,000 plaintiffs in 29 prefectures around Japan.

Attorney Tetsuro Kokubo, deputy head of the defense team, said, “This is the first time in my long career as a lawyer that I cried when I heard the verdict.” The comment poignantly conveys the challenges of fighting state power.

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ALC Press Workers Unionize

Employees of publisher and language training company ALC Press Inc. unionized last June after management pressured them to switch to part-time zero-hour contracts with no social benefits. 

Since May 2020, ALC placed employees on required furlough on certain days each month, paying them reduced wages as per Article 26 of the Labor Standards Act. Although the publisher continues to operate business as usual, it has targeted workers in its domestic language and other departments who had refused to downgrade their working conditions, including switching to non-fixed, zero-hour contracts. 

“I’m working exactly the same hours as I was in 2019, if not more, but management are still deducting my salary,” said one long-serving employee.

Required leave has been in effect since May 2020 and there is no foreseeable end. Management has also begun to refuse to renew certain fixed-term contracts.

ALC employees, some of whom served the company for over 25 years are, in their words, “shocked, disgusted, disturbed, and saddened” by what they once considered a family company. A union was formed in Tozen Union to stop to what they believe to be illegal forced furloughs. In some cases, certain employees have lost close to 1 million yen from their salaries since the forced furloughs began.

Zenkoku Ippan Tokyo General Union ALC Union (全国一般東京ゼネラルユニオンALC 支部) was established with just three members in June 2020 but has since more than quintupled in less than six months. Management do not have the interests of their employees at heart and only care about making a big, fat profit, even at the cost of financially devastating their workers, many of whom have young families and mortgages and are desperately struggling to make ends meet.

The company management has changed ownership and management several times over the past few years.

ALC’s website states,
“ALC bring out the best in each employee, regardless of gender, age, or experience. We also endeavor to create an environment that makes it easy for everyone to work and continue working at each career stage. ALC also promotes the careers of its female employees.” 

It’s time to hold ALC to its pledge.

We, ALC Union, appeal to all ALC employees who feel isolated, worried and concerned to get in touch with us – regardless of your contract, experience, position/job or nationality. This union is for everyone. Our goal is solidarity and to unite all ALC employees to ‘continue working at each career stage’ without the fear of management taking away our livelihoods and driving us out of the company.

If ALC’s new management do not agree or at least compromise with union demands, industrial action may have to take place. 

To all ALC employees: We encourage you to get in touch with us before it is too late for you. Contact ALC Union case officer Gerome Rothman at tozen.rothman@gmail.com 

Tokyo Board of Education snubs Tozen ALTs

We don’t need to respond to you.

The Tokyo Board of Education told Tozen Union they will not meet its ALT union for collective bargaining (CB). They also refused to respond in writing to the union’s request to negotiate.

Tozen Union previously enjoyed productive relationship with the school board, including talks last year. Today, the union dropped by on routine business, filing a request for bargaining and informing management of two new union members.

Two board representatives said they wouldn’t take the document because a change in the law had stripped direct-hire ALTs of their trade union rights. They refused even to put their refusal in writing and tried to force the union to take the documents back.

“We knew about changes in the law but also understood that boards of education across the country still negotiate and sign agreements with labor unions,” said ALT organizer Gerome Rothman. “We were surprised a school board would hide behind an unconstitutional law and treat their employees like strangers.”

The union refused to take the documents back and demanded an official written response by 5pm, next Thursday August 6.

   “Our union has demands to protect the safety of ALTs working at schools during this pandemic. Board officials interrupted me when I explained the demands, saying ‘we don’t have to talk to you.’”

Shane Workers Union’s recent strikes

You might have thought the Shane Workers Union (SWU) had gone quiet, or weren’t doing much over the lockdown, but the members were all quite active. Meetings went from a monthly thing to an almost weekly activity, and the fire in the members hearts was burning and growing.

The members were angry at Shane’s lack of decent guidance during the pandemic and angry at management’s refusal of collective bargaining(CB). The anger increased further when – after two months of refusal – management eventually met the union for CB on 15th June 2020, and offered little in the way of negotiation. The company even claimed that they didn’t even know the legal classification of the pay they gave us during the April and May lockdown.

Shane had decided that during the lockdown they would pay the workers 100% of their salary (woohoo!) as an advance (boo!) on future work. This goes against Article 17 of the Labour Standards Act, “Pay shall not be made for advanced work” and against the government’s appeals to employers to pay workers a full furlough. The government is providing financial assistance to employers to cover the costs of furloughing employees.

As the lockdown ended, the company stated that workers would have to make up 30+ days of work for free. To do this, the company unilaterally changed the working calendar with no negotiation with, or consent from, the workers, changing both training days and paid leave days to working days. This meant most workers would lose most of their holidays.

Shane also decided that the company would reclaim wages from the counselors (receptionists), horrifying them and teachers.  The union did what we could to help counselors and want to do more.

As the new working days that were once training days and holidays approached, workers became agitated and angry at the exploitation.
The week leading up to one of the first new working days Saturday, June 27th was filled with discussion and talks of how teachers could stop their work being exploited, and ourthe main response was “withhold your labour.”
This must have hit a certain spot with people, as on Thursday 25th June, 9 people took strike action, with 3 people joining the union through the strike.

These new members and older ones continued to respond to other workers’ frustrations at the company’s changes to the work calendar, by suggesting that they also take action.

The company sent out an “Agreement on Planned Paid Leave Addendum” for workplace representatives to sign on Friday 26th June. This addendum stated that the company would be able to change the paid leave schedule with 7 days notice, and that the company and employees would have to comply with the changes.
It meant that the company wanted the ability to change annual paid leave with no negotiation. Teachers were furious. 

All day Friday, Orren (President of the SWU) and Mizuho (Case Officer for the SWU) received strike proposals, some from old members and some from new recruits.
This culminated in an action on Saturday 27th June 2020 with 23 people striking across the company, including 11 people joining the union through strike action.

On Monday 29th June 2020, the company sent out a message with two options from which each teacher must choose. This circumvented any negotiation with the union:

  1. Go back to the old calendar, but pay back over 40% of your wages, and count the previous pay as a furlough.
  2. Continue with the new calendar, and keep 100% of what has already been paid, however ½ of the make-up days would be cut.

The SWU’s #1 strike demand at the moment is that the company furlough its workers during the lockdown at 100% with no obligation to make up the days.
So we cannot accept either of these offers, and the fight will continue.

In the letter containing the 2 proposed options, the company acknowledges Article 17 and Article 26 of the Labour Standards Act. They mention that Article 17 states that salary cannot be paid in advance, but say nothing else about it. Despite this being the action that Shane took.

Shane misrepresents Article 26 and makes it sound like they would have had to pay only 60% as a furlough, not that they would have had to pay at least 60%. They also claimed that paying 60% might have caused “severe financial difficulties” for staff, never letting slip that 60% is the minimum, or that the government offered Payroll Protection Program assistance to companies that furloughed their employees.

On Tuesday 30th of June, we managed another large strike action of 19 people, with one teacher joining the union through strike action. More schools closed for the day.

Today, on Wednesday 1st of July, we had our 2nd largest strike yet, with 22 people striking, 4 of which joined through striking. Once again, the company was unable to cover all of the strikers.

These large strike actions have doubled the size of the union, and all new members seem very motivated about how they can help the union going forwards to realise the demands.

The hard work of everyone over the past week has been incredible to see. It amazes what people can do when they unite for a cause.

The Shane Workers Union is not anti-company. We are not anti-work. We love our work. We just want to make this a workplace that everyone can be proud of. We look forward to negotiating with the company in the future.

Shane Corporation and Covid 19

In March, April and May 2020, Shane Corp. took the decision to close schools in response to the novel coronavirus and the declaration of a state of emergency in Japan.

Under Japanese law and in line with social norms, companies across the country have been furloughing their employees and paying an allowance (kyugyou teate), or keeping their employees busy by implementing work from home policies.

Shane Corp. decided on an entirely different approach, and has not furloughed workers or had them work from home. Instead, Shane Corp. have paid an advance, and expects the workers to either pay back the wages received, or work unpaid overtime. In effect, Shane staff were paid nothing for the closures. The company took a position to change working hours and designated holidays without the consent of the workers. This unilateral imposition is most probably illegal.

The number of members in the Shane Workers Union continues to surge as many staff have finally lost patience, and are increasingly frustrated at what they see as poor treatment.

It is the position of SWU that Shane Corp. pay 100% furlough allowance for the school closures, without any obligation to pay back or work back the money. We are prepared to volunteer to work overtime as long as it’s paid as overtime.

We hope to negotiate a sensible outcome that is fair to the staff and allows the customers to make up the lessons they missed.

Bread & Roses: Workers of the World! Unite and Stay Home!

SNA (Tokyo) — May Day came into this world on May 1, 1886, with a general strike to win “eight hours for work, eight hours for rest, and eight hours for what you will.” Three days later, workers gathered in Haymarket Square, Chicago, and clashed with cops sent in to shut them down. At least four civilians and seven officers died. Four workers were later sentenced to death for conspiracy to riot, despite not a shred of evidence. May Day spread beyond the borders of the United States to Europe and elsewhere. Today, we see the eight-hour workday as a social norm, albeit observed more in the breech. But workers shed blood and tears to bequeath this right to us. We should devote one day a year to recognizing those heroes’ achievement and sacrifice.

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