EWA News

For the past ten years one of my jobs has been teaching four classes on Fridays at Himeji Dokkyo University.

As is customary, I was asked in June 2001 about continuing in 2002, and as per my request I received my schedule for four classes at the beginning of November.

Then, without warning I was suddenly summoned to see the Dean [a Mr. Shioji] on 7th December. He wrung his hands apologetically, sucked in his breath, then told me that due to Dokkyo's 2002 intake of new students being 30% down they'd be no Friday classes at all for me from April. Since in fact my scheduled classes were second- and third-year students, his argument was irrelevant - he had some ulterior motive obviously. I was, of course, extremely annoyed, told him I was going to call in the union and tried to terminate the interview. As I was about to leave his room he called me back, saying he had an offer to make. Knowing already that I could only work on Fridays (and, of course, being early December too late to change schedules elsewhere) he said, 'If I offer you classes on another day, do you refuse my offer?' This transparent trick question, in effect asking me to dismiss myself, made me even more annoyed. I refused to answer, walked out of the room and immediately phoned the union. EWA's Mr. Yamashita contacted Shioji the following week, outlining the illegality of what he'd done and making it clear that my four classes had to be reinstated. In the meantime I was able to find out more about the reasons behind my attempted sacking: the new Jimukyokucho (Head of Administration), a Mr. Ohara, was bringing in several full-time teachers from Kobe University (where he was previously employed). I saw Shioji again on December 14th, and he changed his tune somewhat - he said he'd try to give me some Friday classes, but couldn't guarantee the number - and in any case it would be for one year only. I deemed this offer unacceptable, informing the union. Over the following weeks, Mr. Yamashita applied more pressure on Shioji, and I'm pleased to report that I had my four classes restored, with the unresolved matter of 2003 onwards being a matter for negotiation between Dokkyo and the E.W.A.

Now to the matter of employment from April 2003. Once more, the story begins unpromisingly: on 12th July 2002 I was again asked to go to Shioji's office. This time the interview was even shorter but with a similar outcome: after the customary wringing of hands and sucking in of breath he informed me that Dokkyo would be terminating my contract at the end of the academic year. Unlike before no reason was given; perhaps Shioji had at least learnt the dangers of uttering transparent falsehoods.

Obviously neither the EWA nor myself would accept this loss of work, but due to the intervening summer vacation negotiations were unable to begin until the end of September. After a series of meetings, matters were finally successfully resolved in December: Dokkyo offered me three classes on Fridays for the year 2003-2004. The loss of one class was unavoidable, since the university has decided that no teacher shall have more than three classes in any one day; even the EWA was unable to force a concession on this.

There can be no doubt whatsoever that without the union it would have been impossible for me to have continued teaching at Dokkyo. There is a very clear lesson to be learnt: employers who like to bully and behave badly will only toe the line when confronted by the union. Readers of this article who are already members will need no convincing of this; non-members seeking job protection should lose no time in joining.

A couple of months ago the English language teachers at Osaka University of Economics were informed that the Faculty of Business Administration was reducing the number English language classes. Therefore teachers would have fewer classes to teach.

This arbitrary decision was arrived at to quote one staff member 'because English is too hard.' So rather than debate the short sightedness of this policy, the response of the English teachers was form a union at the college. So seven members discussed the situation and unanimously elected Mr. David Bunday as the Chairman of the branch union of EWA at Osaka University of Economics.

He contacted our Chairman, Mr. Neo Yamashita and through his guidance we declared a branch union at Osaka University of Economics. The relevant papers being passed to the chief of Administration. He accepted the papers and said he would pass them on to the college president. No rancor, he was just doing his job. He put his seal on to the paper to show it had been accepted by the university.

Then on December 16 the teachers' schedules and contracts were handed out. Significantly, NO union member lost any classes. The status quo was maintained. However, most of the Japanese teachers lost one or two classes. They had been invited to join the union but prevaricated and were incensed when they lost classes but the foreign teachers did not. These Japanese teachers were told that it was not a foreign issue but the fact that we were members of a union and the college did not want a dispute so simply picked on non-union labor.

The moral of this story is two fold. First, the necessity of joining a union. John F. Kennedy once said that if the New York Times had confronted this administration about the Bay of Pigs he would not have embarked on such a foolhardy and illegal expedition. His famous quote being 'You guys keep us honest.'

So too with a union. There are many egregious practices in education. Some have the imprimatur of custom; others simply have been a matter of practice. The union is not an adversary but a means to keep those guys honest. The second lesson is this. By knowing there was a union branch, the college decided to respect the law and honor their pledge and not cut the number of classes. So there was no needless confrontation. There was no concern about loss of face or prevarication to cover egregious practices. Simply, the college realized that people1s livelihood was being affected by a whimsical decision and that a union was keeping the college honest.

There has been no hostility at all and if anything, some respect shown to Mr. Bunday for his knowledge and application of Japanese labor law.

Others factors about forming a branch union were that many of the office staff as well as teaching staff are pleased there is an active union branch at the college because it means foolish decisions can be more easily debated with the calming concern... I wonder how the union would view that...

Osaka Gakuin University

EWA started negotiation with Osaka Gakuin University (private) on November 28 in order to halt the decrease of classes for a part-time teacher. Details from wronged teacher follows:

I enlisted EWA's help for negotiations with Osaka Gakuin University (private). I started 7 years ago at OGU with 6 koma per semester (OGU has a 2 semester system). Then, after 2 years, they asked me to switch programs. At first I refused, but after much insisting on OGU's part and since they promised me the same 6-6 koma, I eventually gave in. And that's where all the trouble started. Only 2 years after switching programs, they cut my classes down to 4-2 koma (which means my yearly income was halved!!!). I tried reasoning with them, but nothing would do. So I gave in, again, thinking there was nothing I could do about it (at the time I consulted with another union and they dismissed with a similar answer!). Then, a few weeks ago, I got a letter from OGU with my schedule for next year: they're offering me 4-0! The first time they cut me down I didn't know better. But this time I'm not giving in, no way! I am the only part-time foreign teacher in that program and OGU has found the perfect way to get rid of me: they hired a full-time foreign teacher! And since a F.T. teacher has a minimum number of classes to teach, I can get the "left-overs". With EWA we went in for a negotiation (asking for 4-4 koma) but there wasn't much positive response from OGU's side. They said they had made their decision and that they couldn't change next year's schedule. So we asked to be switched to the former program again (preferably with 6-6 koma) and we are waiting for an answer now. There's one thing I can tell you: this school has no scruples!

Shiga University of Medicine

Shiga University of Medicine (SUM, prefectural) put a classified ad for a full-time teacher on the JALT webpage last September. The current full-time teacher was informed of this by a friend. He asked his supervisor and it was confirmed that SUM had indeed been looking for a new teacher. He had not been told about this at all. He joined EWA and requested a negotiation with SUM. The first negotiation was held on November 25.

SUM representatives replied the reason for recruiting a new teacher is that they need a 'better' teacher. EWA questioned what's wrong with the current teacher, but SUM did not indicate any reasons and said they wanted to hire a new teacher from among a lot of applicants. EWA, of course, questioned their way of thinking and pointed out that a labor contract is different from a goods contract even though he made a one-year contract renewed. The first negotiation resulted in SUM stating that they would rethink the case. EWA, however, was not satisfied with the first negotiation and is considering a strategy for the renewal of his contract.

Osaka Seikei Junior College

Osaka Seikei Junior College merged with Seian Zokei Junior College last April. But Seikei did not accept a part-time teacher. When EWA negotiated with them, they claimed that it was because Seian did not give them his name on the list. According to the Seikei story, Seian is responsible for this glaring omission. So EWA will first hold talks with Seian, and get back to Seikei in case Seian cannot solve the problem. Seikei has also notified part-time teachers about reducing their classes for the next year. Union members have reluctantly accepted the decrease of classes as they are aware of the bad economic conditions plaguing Seikei, but EWA requested that Seikei keep union members' classes and they should not have less than non-union members. Seikei will respond to the request at the second negotiation session.

EWA Union Member Meets with Ibaraki Labor Standards Inspection Office

On March 18, 2003, EWA member Ralph Famularo, met with representatives of the Ibaraki Labor Standards Inspection Office to discuss the Tokunin 3-year contract conditions at Kansai University. Mr. Famularo worked under the contract between 1997-2000. He informed the interviewers that he had been asked several times by coordinators of the English I Communication program to reapply after his one-year mandatory termination. He said he declined the job for several reasons. First, he said the Tokunin system made it impossible to continue a stable life in Japan as members of the teaching staff are forced out of their jobs and are potentially unemployed every fourth year.

Mr. Famularo and other former instructors, as well as the EWA union, believe this is a racist policy being applied by Kansai University since such a contract is only given to non-Japanese nationals who are requested to work as Tokunin instructors. The Labor Standards Inspection Office said they were aware of Kansai University's attempt to play semantics in attempting to deny racist hiring policies. In the University's jargon, the 3-year limitation isn't applied to teachers on the basis of nationality because they are using the criteria of "native English speakers." Mr. Famularo's comment that there are very few "native English-speaking Japanese nationals" -- most likely, not enough to fill the staff of a communication program, was understood by the interviewers.

He went on to point out that such discriminatory hiring policies additionally discriminated against the spouses of non-Japanese instructors (more often, a Japanese national) and the mixed-race children of the instructor and spouse because of the economic hardships that are placed upon long-term resident instructors.

Referring to a statement written by former Tokunin instructor, David Agnew, Mr. Famularo agreed that the 3-year contract is in direct conflict with the Ministry of Education's goal of improving English language education at all levels. He said that qualified and capable teachers with long-term experience and cultural knowledge of both their original home country and of Japan were essential to the continuity of a language program, and that awareness of the linguistic idiosyncrasies of the Japanese students was greatly beneficial in targeting potential and real language needs of the Japanese students. He said he hoped that Kansai University and other universities would abolish the 3-year Tokunin contract and provide long-term positions for foreign language teachers based on qualification, experience and need.

KU moves to block possible demonstrations against its illegal activities as last-gasp damage control

At the end of January, Kansai University, in an effort to put a gag on EWA's voice in the long-lasting labor dispute with the union, sought an injunction from the Osaka District Court to prevent EWA from publicizing the university's illegal activities at upcoming university entrance exams. The move shows KU is trying to hide its illegal behavior from prospective students. As the injunction is an attempt to restrict the activities of the union, it is an unfair labor practice.

On February 27, 2003, EWA submitted an unfair labor practice case against Kansai University to the Osaka Labor Relations Commission. There is an impression that the KU labor dispute is entering a quagmire as the university tries to lick its wounds and escape without obeying the law. Basic work rights take priority over citizenship and this will be substantiated.

Kansai University Labor Dispute

Formal protest made to Ibaraki Labor Inspection Office over KU's violation of Labor Standards Law

EWA made a formal protest against Kansai University on 20 December 2002 for discriminatory treatment of a foreign employee. In April 1999, Kansai University employed David Agnew, a 36-year-old Canadian, as a special foreign language lecturer, but unlike his Japanese colleagues his tenure is limited to three years. Agnew petitioned the university to eliminate the restriction, but it refused. KU continues to violate the Labor Standards Law.

According to Article 3 of the Labor Standards Law, an employer shall not engage in discriminatory treatment with respect to wages, working hours or other working conditions by reason of the nationality, creed or social status of any worker. A person who has violated the provisions of Article 3 shall be sentenced to penal servitude of not more than 6 months or to a fine of not more than 300, 000 Yen. (Article 119)

KU routinely rotates foreign teachers out of employment every year because of the discriminatory 3-year limit. The Japanese press, including the Asahi, Mainichi, and Japan Times newspapers have reported on this case.

EWA receives Central Labor Relations Commission decision deeming EWA a true trade union --historic decision allows joint union for public servants and private sector workers

EWA received a decision from the Central Labor Relations Commission on October 30 regarding the Suita Board of Education case. It ruled that amalgamated unions such as EWA (composed of both public servants and private sector workers) are true trade unions protected completely by the Trade Union Law. This decision strikes down the Osaka Labor Relations Commission's contention that EWA is a public servant organization and is just protected by the Trade Union Law in cases where its members are unfairly discharged or otherwise treated in a disadvantageous manner by reason of such worker being a member of a trade union, having tried to join or organize a trade union, or having performed proper acts of a trade union (Trade Union Law Article 7-1). Thus, Osaka Labor Relations Commission has lost face and will be forced to consider seriously the unfair labor practice cases caused by Kansai University and other universities against EWA.

This decision is a historic victory for the Japanese trade union movement since both public servants and private sector workers can jointly form one union whose private sector workers are protected by the Trade Union Law. It is even more significant in this present era where many private sector workers are employed by governments or dispatched to government offices by private corporations.

EWA also attended the second meeting of the hearing for the Kobe Shinwa case today and saw their lawyer turn pale when we mentioned the decision by CLRC. He had asserted in a paper submitted to the OLRC that EWA was not a trade union and had no right to bring a case to the Labor Relations Commission even though Shinwa committed unfair labor practices. We will see the same attitude in KU's lawyer soon.

No university can hide behind unfair labor practices against EWA such as bad faith negotiations, ignoring the EWA's existence, talking to union members directly about weakening working conditions and so on. We view the decision as a lethal weapon to use against nasty employers.

KOBE SHINWA

Kobe Shinwa failed to make an agreement with EWA and went before the Osaka Labor Relations Commission on 9/25. Background below:

Restructuring Blitz for Foreign Teachers at Kobe Shinwa Women's College Results in Collective Bargaining Action

--Misapplied questionnaire used to cut classes

Shinwa Women's College, located near Suzurandai in Kobe, collected a questionnaire from foreign teachers which asked them to indicate their intention to teach at the college the following fiscal year. The questionnaire had only one column to respond for teachers teaching 2 classes but no column for those teachers having 3 or 4 classes at the college, in effect cutting classes from those teaching more than 2 classes because they were unable to reply and indicate an intention to teach.

It was at this point that EWA got involved and collective bargaining was pursued. The first session was held on June 27 and EWA demanded that union teachers must have the same number of classes or more in the next fiscal year. Bonuses were also a concern as they have always been paid and they needed assurances that bonuses would continue as usual. EWA sought an agreement regarding these points and expected any further actions affecting union members to require the consent of the union before implementation. Shinwa agreed to talk again this autumn to clarify the whole matter and they claim that there is no reason to worry about the bonuses. EWA asked Shinwa to officially declare what they have agreed to do so far in the collective bargaining process but Shinwa has unfortunately refused.

Shinwa continues to take this attitude even after EWA pointed out that refusing to officially declare this agreement reached in the collective bargaining process constitutes an unfair labor practice regardless of their ignorance of Trade Union Law, particularly as EWA has educated them about the law. EWA announced that the case must be presented to the courts if a case can't be settled between an employer and the employees.

The union is patiently watching to see if Kobe Shinwa Women's College has a law abiding spirit but won't wait indefinitely. Although unlawful acts by universities and entities in the commercial world have permeated society recently, perhaps Kobe Shinwa Women's College will be an exception.

Kobe University of Foreign Studies

Kobe University of Foreign Studies responded to EWA and said that part-time teachers will receive the salary in the same way as last year back to April 2002. This is a result of two negotiations between EWA and KUF. In the second negotiation session, EWA just mentioned that teachers will take paid holidays after setting make up lessons which are for the lessons cancelled due to national holidays, school events and unavoidable accidents. The university did not know part-time teachers were eligible to take paid holidays regulated in the Labor Standards Law. EWA recommended them to consult with the Labor Standards Inspection Office. The university might prefer the old pay system to the paid holiday in order to save money. This is the background for their decision to go back to the old pay system. EWA evaluates this as a victory.

"That's incredible! What great news!! Thank you for your help. I'll certainly encourage others to join the union. Cheers" Denis

Background: Dissatisfaction with New Wage System at Kobe University of Foreign Studies

Kobe University of Foreign Studies introduced a system of new wages to a foreigner part-time instructor from the current fiscal year. Whereas the teacher had received a salary every month, the new system would see the teacher be paid a daily wage based only on hours actually worked regardless of a class being cancelled due to a school event, a traffic accident, or some other uncontrollable happening. No class means no salary.

Moreover, teachers were not informed of this system until the last second leaving them with no choice but to accept it for now. There was no time to look for new work. Discontent was swirling and EWA soon demanded improvement through collective bargaining.

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