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Effect given to the recommendations of the Committee and the Governing Body
Effect given to the recommendations of the Committee and the Governing Body
- 40. The Committee last examined this case concerning allegations of anti-union discrimination arising out of the privatization of the Japanese National Railways (JNR), at its November 2000 meeting [see 323rd Report, paras. 327-383]. The Committee had urged all parties concerned to accept the Four Party Agreement, which set out conditions aimed at encouraging negotiations between the Japan Railway companies (JR companies) and the complainants with a view to reaching a satisfactory solution rapidly which would ensure that the workers concerned who were dismissed as a consequence of the privatization were fairly compensated. Noting that the issue of the non-recruitment of KOKURO members was pending before the Tokyo High Court, the Committee had also requested the Government to keep it informed of the outcome of the decision in this regard.
- 41. In a communication dated 17 January 2001, the Government indicates that the Tokyo High Court dismissed the appeals concerning the issue of the non-recruitment of KOKURO members. Since the list of candidates was prepared by the JNR, a separate legal entity, the High Court found that the “JR” companies could not be considered as “employers” with respect to the trade union members concerned, and thus had not committed an unfair labour practice in their recruitment practices. The Government states that the decisions have been further appealed to the Supreme Court. The Committee requests the Government to keep it informed of the outcome of the decision of the Supreme Court in this regard.
- 42. In a more recent communication dated 23 April 2001, the Government provides follow-up information concerning the outcome of KOKURO’s 67th National Periodic Conference, where the Four Party Agreement and activity guidelines for its implementation were discussed. The activity guidelines were adopted by the Conference on 27 January 2001 and included the following:
- (i) KOKURO would recognize that the JRs bear no legal responsibility and;
- (ii) in negotiations towards a resolution of the dispute, KOKURO would seek to ensure hiring by the JRs of its members, payment of compensation, employment security, the eradication of all unfair labour practices and the establishment of sound labour management relations.
- The Government adds that on 15 March 2001, the members of the Four Party Agreement (the Ruling Parties and the Social Democratic Party) convened the Four Party Consultation Committee in order to hear of the results of KOKURO’s National Conference from its Executive Committee.
- 43. Noting that KOKURO has finally accepted the Four Party Agreement of 30 May 2000 which offers a real possibility of speedily resolving the issue of non-hiring by the JRs, the Committee urges all parties concerned to continue serious and meaningful negotiations with a view to reaching a satisfactory solution rapidly which would ensure that the dismissed workers concerned are fairly compensated. The Committee requests the Government to keep it informed of any progress in this regard.
