KANDAI BRANCH of EWA

Central Labor Relations Commission Ruled Not In Favor Of EWA

The Central Labor Relations Commission delivered its verdict on our Kansai University Case on July 4. The EWA had pending four unfair labor practice cases involving Kandai with the CLRC: a) the dismissal of D. Agnew as a Special Foreign Language Lecturer. b) not in good faith negotiations regarding three demands; withdrawal of the limitation of contract renewal for SFLL, SFLL's payment into social insurance, and all teachers' payment into employment insurance. c) non negotiation about the new work rule for part-time teachers. d) restriction of union activities by submitting an injunction case to a civil court for an entrance examination.

Verdict

CLRC decisions regarding the above cases: a) Not only union members but all SFLL are terminated every 3 years, so that the Agnew dismissal was not based on union membership. b) The CLRC accepted Kandai's explanation for refusing union demands concerning payment of insurance. Kandai maintained it was following the practice of other universities across Japan by not contributing to the mandatory insurances, further arguing that "Kandai was in a special situation at the time when the law entered into force," and therefore was acting in good faith. c) Kandai solicited opinions from three inside unions but not the EWA. This was because the Labor Standards Inspection Office made such a recommendation in the past. Therefore it can not be determined that Kandai discriminated against the EWA. d) The court found that Kandai was not discriminating against the EWA by filing a case against us. It was merely insuring that it's entrance exam went smoothly.

CLRC denied any unfair labor practice in the above. The CLRC did not accept any of the union demands.

The union, however, did win a moral victory.

a) It is true that Kandai was able to escape taking responsibility to get involved in employment insurance. However, the EWA accused Kandai to the public prosecution, and a Japanese Diet member questioned the Ministry of Labor about Kandai's illegal practices, among other activities. As a result, the Ministry of Labor managed to force all universities to register all teachers in employment insurance by the latest April 2006. One university owner was upset with Kandai, saying "we suffered by Kandai's stupid action." The EWA and Dave Agnew opened the door through which all Japanese universities teachers will participate in the employment insurance scheme. The net result was a significant social victory. It is most regrettable that the CLRC accepted Kandai's excuse of ignoring laws at this moment when corporate compliance is finally being encouraged.

b) The new work rule (legislation for part-time teachers employment) aimed to make it easy to terminate part-time teachers through the introduction of a contract system. This would even include those whose employment have become permanent. Ibaraki Labor Standards Inspection Office initially accepted Kandai's new work rule (the legislation for part-time teachers employment) but reversed itself when the EWA pointed out that Kandai illegally did not submit the work rule changes to the majority of Kandai employees. So far the legislation has not entered into force. The union has not agreed to the legislation because of its redundancy. Union members have renewed their employment without signing contracts. The CLRC agreed that Kandai had explained its intention to introduce the contract system to the EWA, but of course this assertion is not true. The CLRC must not have seen the transcription of the conversation taped at the negotiations.

End of the Kandai Dispute

EWA Kandai Branch is still active in recruiting new members, despite Dave Agnew's tragic death and the unfortunate CLRC verdict. The union has temporarily stopped its labor dispute against Kandai, reluctantly accepting the CLRC verdict.

We thank you all for your support to and wish continued solidarity to the Kandai Branch.

Finally, we give our sincere condolences to the Agnew family.

Konan University Branch of EWA

Here is something to consider if (or when), you ever have to take an extended period of leave from your part-time job, for sickness or any other reason:

According to the Labour Standards Law, a part-time teacher who works one day a week is entitled to take three days paid holiday after 4.5 years of service. And this three-day holiday is effective for two years. So, for example, if you work one day a week at a school, and have not taken days off (or you made up those days that you were absent ), you are entitled to up to six weeks (the six days) paid holiday.

Although the EWA did not need to cite this provision of the law, it was an important moral and legal support in a recent case concerning a union member working at Konan University.

Our colleague had to go into hospital, missing the last five weeks of the spring semester. However, Konan University asked her to sign a resignation form so that a replacement teacher could be hired and paid to teach her classes. (This, despite the fact that at other schools, full-timers are sometimes asked to cover.) She was told that when she returns in the fall, she would be 're-hired' and her resignation rescinded. There would, of course, be no salary for the period she was away.

Our colleague had been ready to sign that form. And why not? She was worried about her impending treatment in hospital. People can do without these extra pressures and worries at such a time, right? And since Konan University had generally treated their part-timers decently in the past, the easier way was to trust what they said.

But Konan University, like other schools, is seeking to make savings where they can. Recently, for example, they introduced new pay scales for new teachers. In their letter to our colleague, was there a promise to rehire at the same rate? No. (And why no salary over the summer months, when school is out anyway?) Our colleague was alarmed at the possibility of being rehired on a lower salary, and was advised not to sign the resignation form.

However, the main objection the EWA had to the communique from Konan University was this: when the Konan branch of the EWA was set up in 2003, the university had promised to consult with us whenever there was any plan to change the working conditions of union members.

No request for a meeting had been received by the union. For this reason alone, we expected the university to retract their request that our colleague resign.

Through an intermediary, we informed the Personnel Department of Konan University that the union had advised our member not to sign the resignation form, and that since the university had reneged on its promise to consult the union, we were expecting them to withdraw the request immediately. We further requested that our colleague be paid sick leave for the duration of her enforced absence from school.

We had faith that reminding the university of our 2003 meeting would be enough to secure both job and income for our colleague. However, if the request for sick leave were refused, our strategy was to mention the involvement of union headquarters. The union would have requested formal negotiations on the sick leave issue. And if THAT then failed, the trump card would be to remind them that paid holidays were guaranteed by the Labor Standards Law.

Our colleague had been absent at least twice last year (possibly three times), but had made up two of those classes. Which meant she had at least the possibility of five paid holidays, which was all she needed.

Unnecessary but additional support was in the meantime found in the university's own 'Part-time Instructor Employment Agreement,' the contract, where Article 6 stated that Konan "may [MAY!] withhold payment" if the employee was absent from school because of sickness for "three months or longer."

Our colleague required only five working days (five weeks), and then classes would end for the summer vacation anyway.

An iron-clad case then.

The first message back from the Personnel Department via the intermediary came on a Wednesday. They said that the policy of the university had always been to ask for a letter of resignation to avoid paying two teachers (the regular part-timer and a substitute) for the same class.

Nevertheless, the department said they would look into other ways to handle the situation, and asked for a meeting the following Monday with the EWA Konan branch chair to explain any new proposals they had.

At the meeting, which took place about 10 days after the resignation form had been sent to our colleague, the result was good.

The Personnel Director said that the request for resignation was retracted, that it should never have been posted, and that it could be torn up. They apologized unreservedly for the extra anxiety it caused our colleague and her family - at this time, when she most needed to be concentrating on her health. Furthermore, they said that our colleague would be paid, as per usual, for June, July and August.

(In September, however, if our colleague were still sick, or did not wish to return to Konan, the university wants to 'review' payment for that month. They explained that this was because being absent the first day back at school would mark the end of the 3-month absence allowed for in the contract. No question though that she would again be asked to resign.)

So a good result, and it is to the credit of Konan University that they so quickly backtracked, and tried to restore the status quo.

Nevertheless, what was interesting about the meeting was that the branch chair had barely opened her mouth before the Konan side were apologizing and themselves drawing attention to Article 6 in their Employment Agreement. So quick was the retraction, in fact, that we were left wondering why the letter had been sent in the first place. After all, the Director of the Personnel Department himself had attended the 2003 meeting with the union and knew that our colleague was a union member.

Had they forgotten the terms of Konan's employment agreement with part-timers? A contract that the Personnel Department itself draws up? And a contract which allows for up to three months absence for sickness?

Doesn't sound plausible, does it?

So perhaps the 2003 agreement with the union, and the fact that the teacher in question was a member of the EWA, had just been forgotten by the Personnel Department? It was really all just a mistake? Perhaps. That there could have been a breakdown in information retrieval after two years is not difficult to believe.

A cynic could easily come up with other reasons for their quick retraction, and we could speculate forever. But in view of the result, which is all that is important, it might be churlish not to accept that a simple mistake had been made.

We at EWA are glad to have helped the university make it good.

Lessons that were learned:

1) Join the EWA, and urge your friends and colleagues to do so too. As soon as the university was informed that the issue had come to the attention of the union, it was quickly resolved - and to our member's advantage on all counts.

2) Know the conditions that protect you in your contract, and do not be rushed into signing anything that contravenes them.

3) Check back with the school to be sure of their grounds for requesting resignation. If they genuinely made a mistake, it gives them an 'out,' and the mistake can be rectified at that point.

4) Make up the days you were absent. You never know when you might need them!

5) However well the unspoken or unofficial arrangements between you and your school have worked before (rehiring, for example), they are no guarantee of security in the future - especially not in this new climate of cutbacks and income reduction. Friendly faces in the administration change, rules change - it is too risky for part-timers to rely on the customs and habits of the past.

Again, join the union if you have not done so already. It will ensure that your rights are protected.

Labor Relations Commissions case for Amagasaki Branch has started

On Wednesday May 25th the initial hearing of the EWA Amagasaki Branch's complaint against the City of Amagasaki and the Board of Education was held with the Osaka Labour Relations Commission. The hearing was scheduled to begin at 1:00pm and several members from the Amagasaki Branch met with Mr. Yamashita at the EWA offices beforehand for a final strategy session and pep talk. We then all went across the street to the Labour Offices.

Once in the hearing room the Head Commissioner introduced himself and the other two commissioners and then took attendance. There were nine suits representing the City including their lawyer. (Wonder how much that is costing them!) The Commissioner then started to explain that we would have to reschedule this initial hearing until a later date because the City needed until June 10th to prepare and submit their arguments.

Unimpressed, Mr. Yamashita said 'Hold on a minute.' and then asked 'What do you mean the City needs until June 10?' 'Why aren't they prepared today?' Then he lit into the suits about how we had taken paid time off to be there and how we had had to reschedule and cancel classes in order to come. Wasn't it important to the Board of Education that we were missing class time to come to a hearing that could have been postponed with a phone call? Wasn't it important enough that they should have been prepared in the first place? To which they all just sat there sheepishly while their Lawyer mumbled that it couldn't be helped because he had been so busy being somehow involved in the recent JR train crash in Amagasaki. (Which sounded a little too convenient an excuse)

Anyway, their side is already off to a bad start. Hopefully the Commissioners were just as angry about having their time wasted as we were. The hearing has been rescheduled for July 8th and the City now has until Friday June 10th to submit their arguments attempting to justify why they consider what they have done to us doesn't violate labor rules.

Amagasaki Branch Went On Strike!

March has been a flurry of activity here in Amagasaki. Culminating with a strike in front of City Hall on Friday the 18th. We have been in weekly negotiations with the city concerning their plan to cut ALT salaries by 15% over three years. Last year we compromised and accepted their initial 5% with the understanding that we would not accept any further cuts. We felt that was fair considering that other municipal employees were also accepting cuts of about the same percentage. Unfortunately, that was not enough for Amagasaki.

In December they announced their intention to slash our salaries another 5% and reasserted their intention to take all 15%. Back and forth, negotiation after negotiation we fought and became more and more entrenched in our positions. Since there didn't seem to be any flexibility we decided to have a strike in conjunction with the March 11th Spring Labor Offensive 2005. Finally on March 10th we proposed another compromise. We would accept a further 2% cut in salary in exchange for an increase to 20 paid holidays/year and 10 paid sick days, making all school holidays true holidays with no responsibilities, and that the newest ALTs hired for 30 hours/week actually only work 30 hours/week. We also informed them of our intention to strike the following day. Wow! That got their attention. Suddenly they were all ears. They needed more time - they needed to discuss our proposal - we couldn't strike on such short notice! We calmly informed them that we didn't need to give them any notice and that they had had plenty of time to consider our situation more seriously. In the end we decided to give them some time to consider our 2% compromise and postpone our strike until they could respond.

A week later, their response - 4% salary cut (but still 15% total) and an increase in unpaid sick days (which after 15 years on the job, I didn't even know we had) from 10 to 30. No increase in paid holidays, no paid sick days, we'll think about school holidays, and the 30 hour ALT s are not affected by the salary cuts so it should be treated as a separate issue. Needless to say we were not satisfied with their response. Once again we decided to compromise. We would accept 3% but we are serious about an increase in paid holidays and sick days. Their response was unacceptable so we informed them we would go on strike the following day. Friday March 18th Strike Day - a cold and windy day in Amagasaki We decided to meet in front of City Hall at 8:30 to get set up and ready to start at 9:00. We soon realized that the city employees were all coming to work so we quickly started passing out leaflets as they busily shuffled into the City Hall. Even with the extremely short notice we were surprised and thankful that so many union members from other branches were able to come out and support us. After the initial rush of city workers settled down we were able to get set up with our banners, signs, and megaphones. We shouted slogans and explained our position and demands in English and in Japanese. Everyone coming and going from the City Hall took our leaflets and there were many "Gambatte ne" from citizens. Two city council members came over and took our leaflet and we were able to briefly explain to them what has been happening to us. At about 10:30 the city accepted our demand for a meeting so we all walked over to a nearby kouminkan to talk, waving to cars and passing out leaflets as we went. Again back and forth we went but with no progress. The meeting ended with no conclusion so we headed back to City Hall.

This time we chose a nice sunny entrance and set up again. More slogans and leafleting. I estimate we probably handed out over 800 leaflets! All in all it was a great day. We stood together and showed the City and the Board of Education that we were not afraid to take to the streets and stand up for our rights. They will have to think twice before arbitrarily trying to cut our salary again next year.

-----------------------------------------------------------------------------------------------------------------------

Kobe University Branch Made Labor Agreement

After 15 months of negotiation, the EWA Kobe Branch reached a labor agreement with Kobe University.

The agreement prevents Kobe from replacing current foreign teachers (Gaikokujin Kyoshi) for three years. All foreign teachers will also be provided with a settlement if they leave the university in three years. The Branch will report in more detail at a later date.

------------------------------------------------------------------------------------------------------------------

Kansai University offers a full-time staff job to a new Japanese member

In mid March a woman consulted EWA. She was employed by Kansai University in April 2004 as a contract employee and KU promised her a full-time staff job one year later. She started working as Gijutsuin, engineer, in the Engineering department.

But in February KU notified her that she would not after all be promoted to full-time, since the chairperson opposed it. She went to the Labor Standards Board, and was told that only a monetary settlement was possible. She discoverd the EWA webpage, which features a number of articles about KU. She joined EWA.

EWA wrote a letter requesting negotiations, which she personally handed to KU. When she handed out the letter, KU told her that KU regretted to hear she became a EWA member. The following day KU asked her to cancel the negotiation in return for the full-time staff job. EWA canceled the negotiation when KU gave EWA their answering letter, hiring her as full-time staff from April 2005 on.

 

 

 

Central Labor Relations Commission Acknowledges the EWA as a Real Trade Union Again

Verdicts From Labor Relations Commission: Recently the EWA has received two significant verdicts, one from the Central Labor Relations Commission (CLRC) and another from the Osaka Labor Relations Commission (OLRC).

CLRC has ruled on the Kobe Assistant Teachers of English (KATE) issue. The Kobe City Board of Education fired more than 20 KATEs in 1999 due to a financial crisis. Most of the fired teachers joined the EWA and we entered into a major conflict with the KCBE, including negotiations, demonstrations, a petition drive, and civil court and labor relations commission procedures. Six months later some of KATEs were reinstated through union activities, but there were still unemployed KATEs. We continued with the civil court case until the non-renewal of contracts was declared are legal one year later, due to the one-year-contract system. We still claimed unfair labor practices to the OLRC after it did not recognize the case two years later in 2002. We appealed the case to the CLRC.

The CLRC recognized the EWA as a real trade union again even though it is composed of both public sector and private sector workers (the OLRC had not recognized us, however). The CLRC ruled, however, against the union; 1) stating that KATEs joined EWA after they had been told of the non-renewal of their contracts, 2) non-renewal was not in conflict with their union membership nor union activities, 3) the Kobe City Board of Education had explained the reason of non-renewal to the union at negotiations, 4) therefore this is not a case of unfair labor practice. Most of KATEs have left Japan and one member whose contract was not renewed was reinstated at that time. Since then, the Kobe City Board of Education has not fired any more teachers and the EWA has not negotiated with them since there are no demands nor complain from union members. We have no intention to appeal CLRC verdict to a civil court at this time.

Another verdict was issued by the OLRC over the dismissal case at Seian/Seikei College. On November 1st the Osaka Labor Relations Commission delivered its verdict on the Seian/Seikei case. The EWA brought the case to OLRC in 2002, claiming unfair labor practice, protesting against the unfair dismissal of a union member, a part-time teacher, when Kyoto Seian sold its Seian College of Art and Design to Osaka Seikei. The EWA proved discrimination by the employer to the OLRC, after contending: 1) Seian/Seikei dismissed a union member because of his union membership and union activities since a recently-hired, non-union part-time teacher had his contract renewed -- and with more classes than before; 2) they did not comply with the agreement signed between the EWA and Seian, which requires consent of the union when changes of working conditions of union members are made; 3) Seikei is formally responsibility for the dismissal and the agreement because it inherited all rights and duties of Seian when it bought all of Seian College, including relations pertaining to its teachers.

OLRC passed the following verdict; A) When Seian did not renew a union member's contract against a signed agreement concerning consent to changed working conditions, this constituted an unfair labor practice violating Trade Union Law Article 7-3, so that Seian must submit an apology letter to EWA. B) The dismissal (non-renewal of contract) may be (or may be not) unfair and arbitrary, but Seian intended to get rid of him before his joining EWA and he was not actively involved in union activities at Seian such as distributing union leaflets so that the dismissal was not made due to his union membership or union activities. C) Seikei did not inherit labor relation with Seian teachers since teachers who retired from Seian received their retirement allowance. Furthermore, Seikei did not get involved in the selection of teachers who would continue to work at Seian College; this was done by the Seian College Faculty. This verdict means victory for the EWA since the Labor Commission has explicitly recognized the unfair labor practice of Seian. There are still, however, many problems left to solve such as the unfair dismissal and Seikei's responsibility. The EWA will solve them by taking advantage of this verdict.

Osaka Gakuin University OGU has not complied with the order from the Ministry of Labor that requires revision of the contract between OGU and Fruede Co., which has been dispatching teachers to the college. OGU has not accepted the advise from the Ibaraki Labor Standards Inspection Office, which requires an explicit announcement about the renewability of part-time teachers contracts, based on Notification 357. The Union Branch distributed its newsletter to part-time teachers last week. We will bring their new unfair labor practice case to OLRC again soon after the consultation with Ibaraki Office.

Seikei College Although the OLRC did not admit the responsibility of Seikei over the dismissal case at Seian College, we negotiated with them to rehire our member. Not surprisingly, they refused our request. But we will negotiate again in January or February when they will answer our request of pay increases to other EWA members since the Ministry of Education had increased its subsidy, and will inform the universities as to the amount at that time.

Amagasaki City Board of Education On December 2, Amagasaki told the union that they wanted to decrease ALTs salaries 5% next year because of a financial crisis. Our union members resented this, since they accepted a 5 % cut this year. No more cuts will be acceptable. We will negotiate with them again in January indicating our members intention of going on strike.

Besides the above mentioned cases, negotiations are/will be conducted at Baika University, Kansai University and the Ashiya City Board of Education.

We welcome new members at Kyoto Pharmaceutical University, Osaka International University, Aoyama Jr College among others.

Osaka Labor Relations Commission Has Ruled in Favor of EWA

On November 1st Osaka Labor Relations Commission delivered its verdict about the Seian/Seikei case.

EWA had brought the case to OLRC in 2002 claiming an unfair labor practice against dismissal of a union member, a part-time teacher, when Kyoto Seian sold its Seian College of Art and Design to Osaka Seikei.

EWA has proved discrimination by the employer at OLRC, after contending:

1) they dismissed a union member because of his union membership and union activities since a recently-hired, non-union part-time teacher had his contract renewed -- and with more classes than before;

2) they did not comply with the agreement signed between EWA and Seian which requires consent of union when changes of working condition of union members are made;

3) Seikei has responsibility for the dismissal and the agreement because it has inherited all rights and duties of Seian when it bought whole of Seian College, including those pertaining to its teachers.

OLRC passed its verdict as follows.

A) When Seian did not renew a union member's contract against a signed agreement about consent to changed working conditions, this constiuted an unfair labor practice violating Trade Union Law Article 7-3, so that Seian must give an apology letter to EWA.

B) The dismissal (non-renewal of contract) may be (may be not) unfair and arbitrary, but Seian had intended to get rid of him before his joining EWA and he was not actively involved in union activities at Seian so that the dismissal was not made due to his union membership or union activities.

C) Seikei does not inherit labor relation with Seian teachers since teachers who retired from Seian received its retirement allowance. Furthermore, Seikei did not get involved in the selection of teachers who would continue to work at Seian College since the Seian College Faculty did so.

This verdict means victory for EWA since the Labor Commission has explicitly admitted the unfair labor practice of Seian.

There are still, however, many problems left to solve such as unfairness of the dismissal and Seikei's responsibility. EWA will solve them by taking advantage of this verdict.

Eichi University

The second negotiation with Eichi University was held on 31st May. EWA requested their answer about the pay system. Eichi replied that they will maintain the current pay system for union members although they want to adapt the new system for all part-time teachers. The current pay system provides a teacher monthly basis salary while the new system uses a pay-per-lesson taught lesson basis with no pay during vacation periods. Those who are teaching Mondays lose a lot of money due to "Happy Monday" holidays.

EWA have agreed to their answer and promised to give them an updated list of union members. Both parties have also agreed to have salary negotiations next year in January 2005.

We ask Eichi branch members to make their requests, including pay raises in the fall of this year in preparation for the negotiation.

Representing Eichi University, Tanaka, Murata and Yamaguchi

For EWA Yamashita, Jose and Serrano

This was a short but sharp meeting – we began by stating our total opposition to the new salary system. Eichi in turn said they were determined to stick with the new scheme. We showed them how the new system hurts teachers and reduces take home pay.

Neo Yamashita then reminded the Eichi representatives that the Ministry of Education recently raised the subsidy it pays to private universities from 3400 yen per koma to 5100 yen. He told them that they would report this matter to the Ministry. How can Eichi cut the pay for part-time teachers at the same time the MofE is raising the subsidy? This got the attention of the Eichi representatives. They said they would put our demands before a meeting of the Eichi Board of Trustees on May 20. A second meeting with EWA and Eichi will then take place on May 31.

Sven Serrano
EWA Eichi branch chair

 

Ashiya City Reinstates 2 Union Members	Kyoto Seian and Union Member Renew Contract
Baika made an agreement with the union	OCC Dismisses All Part-time Foreign Teachers
Lecture Series: "Exodus from National Education"	Seikei Union Members Keep Same Koma
Himeji Dokkyo University restores union member's classes	Tennoji-Keiri- Senmon-Gakko
Kandai Insurance Scam / Term-limited Contracts	Tezukayama Gakuin
KATE Case	Tezukayama University, Nara
Kwansei Gakuin University Case	Toyonaka Board of Education

Lecture Series: "Exodus from National Education"
Presented by Education Workers and Amalgamated Union Osaka

Prof.Tatsuo Okamura,Educational Program,Kansai University will attend each presentation as commentator.All welcome.For further information contact us at info@ewaosaka.org

Date	Theme	Presenter
May 11 13:00	Education for Nation-Building: Theory of Nation-Building by State (basis of presentation here)	Presenter: Neo Yamashita, Chair, EWA
July 13 13:00	History of National Education in Japan National Education by Japanese State	Takashi Takebayashi, Deputy Secretary, EWA
Sept.14 13:00	Buraku Liberation Education As a Part of National Education: Differences and Similarities between National Education and Liberation Education	Masao Shimada, Special Executive Officer, EWA and Seiko Jose, Vice Chair, EWA
Nov.9 13:00	Comparison on National Education - The West and Japan: Strangeness in Japanese Education	Panelists at the Symposium
Jan.11 13:00	Exodus from National Education - Replacing National Education	Undecided

Preface

It has been asserted that the existence base of the Japanese nation-state has been undermined by the progress of globalization. From this, the state has set about making plans for educational reorganization. In the case of the Ministry of Education, Culture, Sports, Science and Technology (MEXT), questions were put to the Central Council for Education and explanations were offered regarding the "Educational Promotion Master Plan" decision and the "Fundamental Laws of Education Suitable in the New Age." This "exodus" from postwar education policy will be discussed in the scheduled lecture series. A brief introduction is found below.

The education of the postwar period in our state improved with the spread and quantitative expansion of high educational standards under the premise of equal opportunity education. It has greatly contributed to the economic success and social development of our state. While mega-competition on a world scale intensifies after the collapse of the cold war structure of East versus West, the economy of our state and society are standing at a fundamental turning point. In such a severe situation, in order for our state to boldly challenge the new age and to develop in international society towards the 21st century, the education for the base of the state should be reformed and talented people should be nurtured in the new age. On the other hand, when the present educational condition is observed, serious problems remain such as delinquency and truancy, decreased consciousness of society and morality, and the neglect of education based on individuality and capability under equalization of education. Moreover, with the globalization of the economy and society, development of science and technology, the importance of global environmental problems, fewer children, the aging of the populace, and the emergence of a man-and-woman joint participation society and information network society, an education suitable to fundamental change of society is surely called for.

In order for our state to carve out a bright, rich future in the 21st century, it is most important that the education which is the existence base of society be revisited in this new age, and steadily reformed and promoted. For this reason, it is necessary to indicate the target of future education, and make the Educational Promotion Master Plan for implementation of various policies towards this end, and consider the existence of Fundamental Law of Education and all laws and regulations pertaining to education synthetically.

The Japanese state feels the necessity of fundamentally converting the "national education" advanced after the war. However, it can be said that the "postwar period democratic education," which was advanced by asserting that educational rights reside in "nation," is stranded by globalization. Regarding education corresponding to the fundamental change of society, the "postwar period democratic education" side cannot be left out any positive proposal, either. In light of recent debate and discussion, EWA will make arguments/proposals about the analysis of the educational situation and "the education corresponding to a fundamental change of society" as a labor union involved in education.

Research and discussion are making "Exodus from National Education" into a subject. The EWA sponsored lecture series will take place over the next 9 months. The rationale is based on questions such as:

Kansai University Struggle Begins

November 27, 2000 -

Letter to Kandai

November 27, 2000
Keiko Harada
Chair, EWA
David Agnew
Chair, EWA Kandai Branch
To Akio Onishi
Chair, The Education Foundation Kandai

We are willing to declare that employees of Kandai joined the EWA and formed EWA Kandai Branch. We also inform you that David Agnew was elected as the chair of the Kandai Branch. Accordingly, we request collective bargaining with regard to the demands below. We expect that your written answer about the collective bargaining will be delivered to the union office addressed to Yamashita, an executive officer, no later than December 7.

Date; December 14, 2000 at 13:30
Place; Kandai
Matter; Demands below
others concerned

Demands

a) that the Tokunin regulations should be shown to the union and Tokunin teachers
b) that the limited term of contracts for Tokunin should be eliminated
c) that Tokunin teachers are got involved in the Benefit Society for Private School Teachers as well as unemployment insurance.
d) that Tokunin and part-time teachers need not make up lessons.
e) that Tokunin and part-time teachers should be informed of the number of their paid holidays.
f) that any changes in working conditions affecting EWA Kandai Branch members require the consent of the EWA prior to implementation.
g) that Kandai abide by labor laws such as the Labor Standards Law and Trade Union Law.

Kandai Negotiations

The first session of collective bargaining with Kansai University was held on December 21. Four delegates including Mr. Ikeuchi, University General Manager and a member of the Kandai Foundation, and Mr. Konishi, Secretary of University, represented Kandai and five Union members including Mr. Agnew, chair of the EWA Kandai Branch, represented the union.

At the beginning, the union exposed that a full-time teacher intimidated the union saying new contracts for Tokunin teachers are delayed due to union organizing. The union condemned it as unfair labor practice. Kandai replied that they believed it had not happened after hearing from a staff who had supposedly attended the meeting where such statements were given. The union did not accept their answer because a union member had heard the statements. The union requested Kandai to investigate the teacher when she comes back to school. Kandai promised to do so in January. Both parties then discussed about the union demands. The demands and Kandai's answers are as follows:

a) that the Tokunin regulations should be shown to the union and Tokunin teachers
Kandai; Yes. (They gave the union and branch members it there)

b) that the limited term of contracts for Tokunin should be eliminated
Kandai; The system started in 1992 and we have no intention of changing it right now.
Union; The three years limited term of contract is not acceptable from an educational point of view and for the lives of Tokunin teachers. There are union members who will enter the third year of their contracts next year. The union strongly demand the successful resolution of this issue.
Kandai; We realize what the union is demanding.

c) that Tokunin teachers are got involved in the Benefit Society for Private School Teachers as well as unemployment insurance.
Kandai; Although Japanese Private Schools Association had agreed with the Ministry of Labor that private schools teachers were not required to join the unemployment insurance nor health/pension scheme, Kandai is going to consider this issue consulting with the JPSA and other universities because the union pointed it out.

d) that Tokunin and part-time teachers need not make up lessons.
Kandai; All teachers are encouraged to make up lessons.

e) that Tokunin and part-time teachers should be informed the number of their paid holidays.
Kandai; We are very sorry not inform the paid holidays. We will soon do it.

f) that any changes in working conditions affecting EWA Kandai Branch members require the consent of the EWA prior to implementation.
Kandai; We will make good communication with part-time teachers so that the consent of the EWA is not necessary.
Union; This is a subject to discuss again. Two union members were notified that their classes will be cut. This is the very matter Kandai discuss with the union.
Kandai; We did not know they are union members. We will probably reinstate their classes to the current numbers of classes.

g) that Kandai abide by labor laws such has Labor Standards law and Trade Union Law.
Kandai; Absolutely sure.

As shown above, the urgent matters were solved at the first negotiation. The union will strengthen its activities and organization for the rest of the demands.

Kandai reneges on collective bargaining

15 April 2001

In a surprise move, Kansai University threatened a union member with termination unless he agreed to the section of the work contract that states that the contract is not renewable. The union member had signed the contract but had also signified that the article pertaining to term limits was a matter of ongoing negotiation between Kandai and the EWA as established in the first collective bargaining session held on 21 December 2000.

In the letter, Heian Hazama , Chairman, Board of Trustees, Kansai University, clearly marks a departure from collective bargaining when he writes, "you will be prohibited from teaching at our institution unless you agree to the term limit." Term limited contracts are often used only for foreign teachers in Japan's universities and colleges.

The second meeting for collective bargaining is expected in May. The threatening letter and the coercion and intimidation of the union member will certainly top the agenda.

Collective Bargaining Over 3-Year Limited Term Contract Starts At Kandai

In December 2000, collective bargaining between EWA and Kandai over three-year contract limit for Tokunin-teachers resulted in negotiations being carried over to 2001 by mutual agreement but Kandai coerced a union member to sign a contract in April which will not be renewable. EWA protested heavily against Kandai at the negotiation on July 7, 2001. Kandai, however, did not apologize to the union. The negotiation on July 7 is as follows:

EWA - The three-year contract was introduced for the teachers from sister schools abroad but no one is hired from abroad now. The salary of teachers being replaced is the same as current teachers so that it is not a good system both economically and educationally.

KU - We will see various types of workers here in Kandai so that the three-year contract should not be eliminated. This is, we want fresh teachers.

EWA - We can understand that immediate elimination of the contract is difficult, but KU should understand what EWA is demanding.

KU - We are aware of the point EWA is suggesting, but we can not give you an answer right now.

EWA - We expect it at the next negotiation.

Kandai also replied to the EWA's demands about health insurance and unemployment insurance

Kandai admitted it is necessary to get involved in both types of insurance, but that it will cost a lot.

EWA - We expect a good answer regarding these insurance related three-year contracts at the next negotiation.

The next negotiation will be held September 26, 2001.

Kandai

2001-10-01 21:34

The union had the third session of collective bargaining about the three-year limited term contract issue with Kandai on September 26. Kandai answered that they could not eliminate the limitation of the three-year contract for Tokunin teachers even though they have been considering it. They also stated that the Tokunin teachers would be "tenured" if the three year limitation is eliminated.

The union demanded the contract of union members should be renewed even in another type of contract, but they did not accept it at all.

The union also insisted that Kandai must get involved in the Benefit Society for Private School Teachers for Tokunin teachers and Unemployment Insurance for all full-time teachers in order to obey Japanese Laws. They replied that it costs a lot if all full-time teachers get involved in the Insurance.

The union insisted that it is their obligation and that no school can opt out of this insurance requirement. The union also told them that we will disclose their illegal matters in public if they do not accept the union's demands.

However, Kandai did not change their minds. So the union announced that it will start a labor dispute because there is no possibility to solve the problems through negotiation given Kandai's stance and coercive tactics used against union members.

The union needs all Kandai teachers' and students' support for this struggle.

Kandai Strike Action

November 15, 2001

The main gate of Kandai was occupied by union strikers and supporters from 10 sister unions and Kandai students. There were also many Kandai staff who tried to break the strike with violence but this was unsuccessful.

Kandai had refused to accept the union demands to abolish the dismissal system of Tokunin teachers and to obey Japanese laws such as the health insurance law and unemployment insurance law which all employers in Japan have to get involved in for workers regardless of nationality. EWA organized the demonstration to support the strike and many who had classes at other schools as part-time teachers had canceled them to participate in the demonstration.

Kandai tries to violently break the strike

When the union started to distribute fliers and speak to students and teachers, Kandai deployed its staff and disturbed the union activities. Heading the barrage were Mr. Ikeuchi and Mr. Konishi. Some of the Kandai staff hit union members who were handing fliers to students. Mr. Konishi refused to receive the strike notice which the EWA chair had read out and then tried to give him. He said that Kandai had no dismissal system so he wouldn't receive such a paper. Mr. Konishi, then, went to a union member who went on strike and told him that, "your students were waiting for you at the class why did you not go to teach?" It goes without saying that the union member implemented the strike in the face of this intimidation.

Kandai then encouraged a "battle-jacketed" guy to take pictures of demonstration participants. When union members protested to him, Kandai staff once again prevented union members from demonstrating by using violence against the union supporters. The battle guy yelled at a union member who had a mask on because of a cold and told him to take off the mask and show your face. The union member replied that he has a cold but the guy did not accept his opinion and said the union member was a liar. The battle guy looked and acted like a Yakuza (gang) thug. Kandai managed to temporarily break the strike with coercion and violence.

The strike demonstration, however, continued and students and teachers gave their speeches to support the strike. Students said that Kandai has behaved badly in that they did not disclose the employment discrimination until a criticism was directed at them. They also said that students continue to support the strike which aimed to abolish the discrimination against foreigners and Kandai's disobedience of laws. EWA evaluated the strike as successful and it was just the start of the labor dispute. The next steps are unknown to Kandai.

Osaka Labor Board confirms Kandai lied in negotiations

January 2, 2002

Osaka Union Network (OUN), a union network organization based in Osaka, had a meeting with the Osaka Labor Board (OLB) on November 19, 2001. It sought clarification for several ongoing labor issues including the Kandai problem.

OUN asked the OLB who had advised Kandai to make the "Tokunin Teachers Working Rules" which have a three-year-term-limited contract and why they would advise Kandai on this matter. During union negotiations, Kandai had claimed that they were advised to make the rule by a Labor Standards Inspector in 1992. If there was no advice given from the Labor Standards Inspector's office, it would demonstrate without doubt that Kandai lied in negotiations and this would constitute an unfair labor practice and unfaithful negotiation. The OLB investigated and delivered their answer to OUN on December 17, 2001.

OLB responded that in matters of contract renewal it would not have advised Kandai regarding term limits in the Tokunin Teachers Working Rules in 1992 as it is not within their jurisdiction to enforce such a rule. Furthermore, the OLB emphasized that contracts may not exceed one year in length as mandated by law, there are no provisions for limiting renewal in any case, and they did not guide Kandai in imposing term limits.

The EWA has therefore proven that Kandai was clearly giving false and misleading information to the union during negotiations.

Kansai University shamelessly lies and breaks the Japanese laws they promised to abide by, but Kandai will be brought into line by the authorities very soon.

Part-time teachers once again under attack by Kandai

Kandai has moved against part-time teachers with a new system of detrimental work rules that are due to come into effect in April 2002. The validity of these new rules is now being challenged by the union as proper procedures were not followed. Kandai continues to defy Japanese laws, as outlined in the petition, and has once again attempted to cut classes from union members. The university is also acting against union members it has negotiated with since the latter part of 2000.

Kandai's fledgling Institute of Foreign Language Education and Research (IFLER) is at the heart of the problem as it has been given the task of deciding schedules for part-time "language" teachers and it also supports the punitive work rules for part-time teachers now being contested. It is a complete mystery why Kansai University would allow a novice institute, composed of ineligible posers such as Stephen Gibbs, Morris Augustine and Scott Johnson, to make decisions concerning schedules for several hundred truly qualified language professionals. Other incompetent members of IFLER such as Yutaka Kitamura, Dean, Osamu Takeuchi, Assistant Dean and Kiyomi Yoshizawa, Educational Affairs (Scheduling), have targeted veteran union members for class cuts although the same members had their classes reinstated the previous year as a result of collective bargaining.

Kansai University must uphold the agreement reached with EWA and maintain the teaching load for union members at four classes. IFLER does not have the right to unilaterally change the working conditions of instructors, particularly when an agreement exists between EWA and Kansai University. This irregularity must be investigated and Kitamura and the other members of IFLER involved in this scandal must be held accountable and should resign if they continue to act against union members. Yutaka Kitamura in particular has a very infamous and questionable track record throughout Japan. IFLER also underwrites the illegal Tokunin term-limited contract and has enacted punitive measures against non-unionized Tokunin teachers in an attempt to discredit the EWA and keep the Tokunin from exercising their right to unionize.

Tokunin teachers have played a part in making their schedules for several years and have done so successfully until this autumn when, under the direction of Michio Kuroiwa, Chief Secretary, IFLER quashed the schedules decided for next year. IFLER forces Tokunin to teach their 10 classes over four days when only 3 days are really required for most schedule slots; several 3-day schedules had been chosen. Kuroiwa and Kitamura had no problem letting two Tokunin teach their classes on 3 days in 2001-2002 as they had agreed to take part in teaching classes from 8 am in connection with the new Dual Degree Program with Webster University (strongly opposed by union members). Those teachers had been very "dedicated" to this much touted elitist program until they were told they would have to teach 4 days and there would be no 3-day schedules for any Tokunin. They pulled out of the program almost immediately and scabs hired to replace union members this April are now slated to teach most of these classes. Kitamura had initially tried to force Tokunin to teach these ridiculous 8 am classes but strong opposition from union members forced him to make a deal with non-union teachers which he has now rescinded.

Kansai University needs to pull the plug on IFLER and have each faculty provide scheduling arrangements on an individual basis with the teachers who will teach for them as was the case before IFLER's coup d'etat. IFLER simply acts as a pimp, sending out teachers to the faculties regardless of seniority or the preferences of the teachers involved.

Kansai University Dismissal Dispute Accepted by Labor Commission - Kandai Case Set As First Trial of 2002

On January 7, 2002, EWA submitted the Kansai University case to the Labor Commission listing several instances of Kandai's unfair labor practices. The Kandai case is slated as the first trial of 2002.

Naturally, Kandai's violation of Japanese Labor Law, the Health Insurance Act, Welfare Annuity Insurance Act and Unemployment Insurance Act will figure prominently in the upcoming trial.

Feb. 3, 2002 Demonstration at Kandai Entrance Exam Successful

More than 50 union members and supporters peacefully demonstrated at Kandai-mae station on the morning of Feb. 3. The demonstration was held to bring attention to Kandai's discriminatory dismissal system and violation of Japanese law. The target audience were students coming to take the entrance examination at Kandai.

Earlier in the week, Kandai submitted a document to the civil court to prevent union members and supporters from demonstrating at Kandai even though the union had no intention of entering the university. The court accepted Kandai's request and thus Kandai was better able to attract students since members and supporters had to gather at the train station instead of the main gate at Kandai; however, as most students came by train, the demonstration was effective.

Some students talked to their former teachers from junior and senior high school who were leafleting at the station and recognized what Kandai is doing is against the law.

EWA will focus on criticizing Kandai's unfair dismissal and illegal matters through various means which are not familiar to them. This is the latest action in a dispute that started in November 2000.

 

Sign the petition to eliminate term limits at Kandai

Kansai University Trial at Labor Commission February 25

KU went on trial Feb. 25 and their rampant unfair labor and other illegal practices were addressed. The first witness was the Kandai branch chair who confirmed what has transpired from the beginning.

These transgressions have been documented on this site since November 2000. Check the Archives. The man in charge, Heian Hazama, Chairman, Board of Trustees, Kansai University.

Employment Insurance Law Article 83 to Punish Kandai

March 13, 2002 - Osaka Union Network negotiated with the Osaka Labor Board regarding various demands including the Kandai issue as part of the Spring Labor Offensive. The union demanded that Kandai be punished leading to 6 months imprisonment or paying the penalty of less than 300,000 yen according to the Employment Insurance Law, Article 83. The authorities must prosecute all offenders of this law.

There are several other universities around the Kansai and other regions in Japan that routinely cheat their employees by not paying the mandatory premiums stipulated in the law. This precedent will be followed by the systematic exposure and prosecution of all remaining offenders in Japan.

Ibaraki Labor Inspection Office Rejects Work Rules Submitted by Kandai
3-19-2002

In December 2001, EWA informed the Osaka Labor Board that Kansai University had submitted new work rules, including a contract system for part-time teachers, without a signature representing the majority of Kandai employees. Ibaraki Labor Inspection Office has officially rejected this submission from Kansai University. The work rules and contract are invalid:

DO NOT SIGN ANY CONTRACT YOU RECEIVE FROM KANSAI UNIVERSITY

If in doubt, please don't hesitate to contact EWA for assistance.

Tokyo Meeting with Monbukagakusho Successful
3-25-2002

A meeting with the Monbukagakusho, the Ministry of Education, Culture, Sports, Science and Technology, was held on March 25, 2002. EWA members from the Kansai and Kanto areas as well as members from sister unions in the Tokyo area and the Secretary of Zenrokyo were in attendance. Several issues were covered including the ongoing debate of the use of "national" anthems and flags in schools, private university employment and insurance scams such as those found at Kandai, and a wide range of topics relevant to this ministry. The Kandai issue in particular was given considerable attention by both sides and a national level investigation is sure to follow.

Labor Relations Commission Hearing for Kansai University

The EWA Kandai branch chair was a witness at the LRC on April 2. Kandai's lawyer asked superfluous and completely irrelevant questions trying to weaken the union's case but this strategy was utterly unsuccessful. Another meeting is scheduled in a few weeks time and the LRC ruling should be announced very soon.

The case against Kandai's unfair labor practices and other illegal activities is very strong.

Osaka Public Prosecutor to take action against Kansai University

April 4, 2002. The Osaka Public Prosecutor was informed and must take action against Kansai University for its infringement of the the Employment Insurance Act. Later, EWA held a press conference with NHK, MBS, ABS and journalists from the Ashahi Shinbun, Kyodo News and other Japanese media.

PRESS CONFERENCE HELD - EXTENSIVE COVERAGE BY JAPANESE MEDIA

Asahi Shimbun article 2002.4.5 (Japanese)
"The law is the law." - Canadian Kandai Employee

This case received excellent coverage by the Japanese media and has been deemed a precedent setting case by all involved. We appreciate support from other unions and teachers associations across Japan in upholding the law and dignity of all teachers in Japan. Do not let your school violate the law. Let us know about violators. Contact the EWA!

Osaka Labour Relations Commission Recognises Kansai University's Unfair Labour Practices
December 11, 2003

OLRC handed down its decision regarding KU's unfair dismissal of a foreign teacher and illegal blocking of constitutionally guaranteed rights to protest. In its decision, OLRC did not protect the foreign teacher from being dismissed although no Japanese teachers were hired under the same working conditions.

OLRC did admit that EWA is a true trade union, keeping in line with an earlier Central Labour Relations Commission ruling.

 

EWA sends request for appeal to Central Labour Relations Commission--KanDai continues to flaunt the law

December 25, 2003

On December 11, the Osaka Labour Relations Commission ruled on two cases involving Kansai University’s unfair labour practices. The decision stated that what KanDai is doing may be illegal, but because the university has never denied what it is doing is wrong, KanDai was not being unfaithful in negotiations.

Furthermore, OLRC failed to acknowledge that the discriminatory 3-year cap on foreign teachers was part of negotiations between EWA and KanDai even though a statement to that effect was written on the contract signed by the foreign teacher. The teacher later received a letter from KanDai threatening him with immediate dismissal and prohibiting him from even stepping on the KanDai campus grounds unless he agreed to the term-limit.

KanDai also set a bad precedent when it was awarded a civil injunction barring the union from legally demonstrating at the front gate of the university. OLRC accepted this action.

Needless to say, this preposterousness is unacceptable and a request for CLRC to re-examine the case has been submitted.

 

Kangaku Branch Demands

Kangaku Branch requested the negotiation with the school and its demands are listed below. Kangaku agreed to have a negotiation at 3:00 PM on 16 November at the Doso-kaikana.

To: Mr. Ken Takeda, Chairperson
Board of Educational Foundation
Kwansei Gakuin University
From: Keiko Harada
Chair, EWA
Jan Visscher
Chair, EWA Kangaku Branch
Date:October 26, 2000
Request for Collective Bargaining

Dear Mr. Takeda:

We request a meeting on either Thursday, November 9th or November 16th , 2000, from 3 to 5 p.m.,at Kwansei Gakuin University, to negotiate the following demands related to working conditions of members of the Kangaku Branch of the Education Workers and Amalgamated Union, Osaka. We look forward to receiving your answer by October 31st, 2000.

1. That, except for differences arising from the classification into "Graduate School", "University" and "Junior and senior high school", as well as into "toku". "A", "B" and "C" for the first two and "a", "b" and "c" for the last group, as listed in the explanation of part-time teachers?f salaries of March 28th, 2000, all part-time teachers receive equal pay regardless of date of employment;

2. that the hourly payment per "koma" for university part-time teachers be increased to \17,500;

3. that the reduction in the teaching load of EWA Kangaku Branch members imposed without consultation or consent, be annulled, and their previous number of "koma" be restored;

4. that any changes in working conditions affecting EWA Kangaku Branch members require the consent of the EWA prior to implementation.

 

Report on the second round of meetings of the EWA Kangaku Branch with Kwansei Gakuin University representatives.

The first round of meetings held in the spring of 2000 was successful in that the announced salary cut for part-timers was annulled by the university. As reported in the December 16 issue of this newsletter, the first meeting of the second round of negotiations related to the 2001-2002 academic year was held on November 16. There were four items on the agenda, the details of which are listed in the same newsletter. The main points were:

1. Equal pay for all part-time teachers regardless of date of employment (teachers hired after 1997 get less).
2. A 3% salary increase effective April 1, 2001.
3. Restoration of original number of "koma" for two union members.
4. Union consent required for changes in working conditions affecting union members.

This first meeting was mostly devoted to stating the union’s position on the four items on the agenda.

1. The demand for equal pay is based on human rights resolutions adopted by the ILO and on the principles of labor agreements concluded in Germany and other EU countries. It was pointed out by our side that these principles imply an extension of the stated demand, that is, that all teachers, whether full- or part-time, receive the same pay for the same teaching load with additional payment for extra full-time duties. Needless to say, this concept did not receive a very understanding response, but the important point is that it was presented and noted. If implemented, it would revolutionize employment conditions and accountability at the university level. Equally needless to say, we will keep fighting for this principle of equality.

2. As expected, the demand for a salary increase was met with some incredulity since the university had agreed, in response to our previous demand, not to cut salaries. The fact that the latter was simply the undoing of an unjust and unjustified proposal, and thus had nothing to do with our demand for a long overdue pay increase, was pointed out but countered with lengthy jeremiads about unfavorable economic and demographic conditions. Neither the massive outlays by the university on some grandiose projects nor the steadily increasing student population seems to support such arguments against an extremely modest pay increase. As with the first item, the point is that our demand was not rejected out of hand, but taken into consideration for future negotiations.

3. The reduction in the teaching load of two of our members led to a lively discussion during which it became clear to both sides that the university representatives had received misinformation because of an appalling lack of intra- and inter-departmental communication. The consternation at the other side of the negotiating table was obvious. A few weeks later, both of our members had received letters telling them that their original teaching load had been restored.

4. This action as a direct result of our negotiations represents a tacit acknowledgement of the need for union consent for changes in members’ working conditions.

The second meeting of this round of negotiations was held on December 19. Considerable time was spent on clarifications concerning the status of a third member who was told by the Science Faulty that his services would be no longer required as of April 2001. All three part-time teachers will be replaced by two short-term contract teachers from the IEFL (Intensive EFL, pronounced "evil") program. There was a lengthy but inconclusive discussion as to who had said what and to whom. This included the justification for firing the part-timers that an M.A. is required for these part-time positions, a requirement never mentioned at the time of hiring! We are confident that his case will be concluded in the same manner as others.An important assertion during this discussion was that the replacement of part-time ("hijoukin") teachers with contract ("tokunin") teachers will not be introduced by other faculties.

All other points, including equal pay and salary increases, will be the subject of further negotiations. This first year of union action at Kangaku has been very successful with two clear victories and the full recognition of the union and the rights of its members. It is equally important that these successes were achieved without excessive confrontation or acrimony. The next step is a membership drive to strengthen our bargaining position even more. We are looking confidently forward to further improvements in working conditions in the new year.

Kangaku sent part-time teachers contracts-- EWA protested

Kangaku sent all foreign part-time teachers new contracts and regulations which will come into effect on April 1, 2001. There had been no contract system at KG which the union views as having a permanent employment system for part-time teachers. The union protested the move by KG because this employment system will be introduced without the consent of the union and the regulation cannot be accepted at all. One regulation, for example, says in Article 2 that The employment term for the Teachers shall be a maximum of 1 year and on the termination of the employment agreement the Teachers shall retire without notification.

The union protested to KG and requested the cancellation of the documents sent to union members and part-time teachers since these issues must be decided through negotiation between the union and KG. They said they will respond to us later. The union also suggested that all union members not sign the contract and wait for information about the negotiation.

Contract and Work Rules Just a Draft for the Union - Kangaku Claims

KG notified part-time teachers about a change in working conditions without the consent of the EWA and they neglected to even contact the union about such changes.The union protested against KG management practices. The union also recommended that part-time teachers not answer KG's unilateral contract requests individually, but instead allow the union to represent them. The Union had collective bargaining regarding this problem with KG on June 20, 2001.

Firstly, the Union condemned KG for their unfair management practice and demanded an apology. KG explained that the notice was sent to part-time teachers to inform part-time teachers of their working conditions. That it was just a written document of working conditions verbally inparted previously and that they did not change their stand in which they negotiate with the EWA over union members' working conditions.

The Union, however, asked for an apology again because several union members have suffered, due to the notice, for past 3 months.

KG replied that the regulation shown to the part-time teachers is just a draft in relation to the union and they think it was regrettable to have sent it.

The Union accepted their attitude as an apology.

The Union pointed out that a change in working conditions requires the agreement of the representative of the majority of workers in KG and that KG cannot proceed with changes in working conditions unless such agreement has been obtained. The Union told KG that it will propose an idea about the procedure for changes at the next negotiation.

The Union also argued that those who have worked many years at KG as part-time teachers are entitled to have a permanent contract and do not accept one year written contracts nor will they sign them. The Union also pointed that the regulation explicitly expresses that the contract will expire in one year and that part-time teachers will automatically resign without notice is unacceptable.

KG stated that the contract of part-time teachers is limited to one year but that it is very same as previous contracts.

The collective bargaining finished at this point and the Union will propose the procedure of electing the representative of majority of workers and provide an alternative of the draft of the regulations and contract at the next negotiation.

The Union encourages part-time teachers to join the Union in order to eliminate the suspect regulations and contract.

Kangaku

2001-10-01 21:33

Kangaku asked EWA in July for an opinion regarding the changing the part-time teachers working rule which supposed to be submitted the labor standard inspection office. The working rule is very bad for part-time teachers because they would be fired unilaterally at the end of the contract based on it.

The union replied to them as follows:

In July, you asked for comments from the EWA about the working rules regarding part-time teachers which you are planning to submit to the Labor Standards Inspection Office. Your request was based on the Labor Standards
Law, Articles 89 and 90.

As you undoubtedly know, an employer must attach to its submission to the Labor Standards Inspection Office a comment or comments from the union which organizes the majority of the employees or from a person who represents the majority of the employees. Since we have not organized the majority of employees at Kwansei Gakuin yet, the EWA is not qualified to make any comments regarding the working rules when they are submitted to the Labor Standards Inspection Office. As far as we know, however, no other union has organized the majority of Kangaku employees, either. Accordingly, you need to attach a comment or comments from of a person who represents the majority of Kangaku employees. However, no procedures have been initiated to elect a person who represents the majority of Kangaku employees. Therefore, you are not in a position to submit the working rules. Our comments in response to your request are thus as follows:

1. We cannot comment on the working rules which are supposed to be submitted to the Labor Standards Inspection Office because we have not yet organized the majority of Kangaku employees.

2. We are willing and able to discuss with you the procedures for election of a person who represents the majority of Kangaku employees and who can thus provide the required comment or comments on the proposed working rules.

 

Osaka Labor Relation Committee did not reinstate the fired KATEs

The Osaka Labor Relation Commission made a decision about the KATE case Wednesday 29 November 2000. The decision says that KEC notified the non-renewal of your contract before you joined the union so that it is not unfair labor practice against the union regardless of that the non-renewal means unfair dismissal or not. This is the main point of the decision. It did not emphasize the negotiation whether it was good in faith or not.

This decision is not acceptable from the union point of view. Even the OLRC suggests the unfair dismissal. The union appealed the case to the Central Court.

 

Kyoto Seian made an agreement: Union Member Renews Contract

The EWA union had a negotiation with Kyoto Seian High School on 31 October because a union member had felt the insecurity in his job. The union submitted the demands; a) job security, b) pay increase for next year, c) requirement of the consent of union for the change of working conditions, d) abidance by labor laws.After 2 hours peaceful negotiation, the school answered the demands and an agreement was made with both parties signatures.

The agreement says: a) the school makes every endeavor to secure the union members job, b) the school needs some time to think about the increase paymenocct for next year, c) the school agreed that any changes in educational/working conditions affecting EWA member require the consent of the EWA prior to implementation, d) the school abides by labor laws.

In November, the school replied to the union that they will renew the member's contract for the next year.

 

Osaka Christian College Dismisses All Part-time Foreign Teachers

Osaka Christian College, owned by Japan Free-Methodist, notified all part-time foreign teachers that they won't renew their contracts. The union had a negotiation with the school on November 30 for renewal of members' contracts. But the school replied that they will invite full-time teachers from US replacing all part-timers. The union exposed the fact that a professor had suggested one union member to quit the union saying he would not find any class at OCC nor any school in this area. The union strongly demanded the renewal of the contracts, otherwise it will start labor dispute and bring the case to the court. The OCC replied they investigate the professor and answer the union at the next negotiation.

Strike Against Osaka Christian College A Great Victory

On the morning of January 29th, the EWA held a very successful strike before the gates of Osaka Christian College (OCC), much to their surprise. Both Japanese and foreign union members protested using a sound truck and by handing out flyers to passers-by, many of whom expressed their support for our efforts. OCC Director Motoyoshi looked sadly bewildered as he arrived at the gate to accept a strike notice from Mr. Neo Yamashita. OCC Principal Kashiwagi (who told an instructor he would be fired for joining a union) and Professor Hasegawa (whose previous harassment of an OCC union member led to failure) sheepishly walked through the gate with their heads held down in shame as the union protested. The strike came as a great shock to OCC, which has been trying to delay involvement with the union in hopes we will simply go away. How completely mistaken they are! Thanks to all union members for making this a great victory against OCC!

Osaka Christian College Shames Itself Again

Osaka Christian College once again shamelessly embarrassed themselves by being a no-show at the Labor Board Meeting on February 22nd. OCC’s silly stalling tactics have not in the slightest dampened the union’s resolve for total victory in this case! The next meeting with the Labor Board is on March 16th at 1:00. We hope both sides will attend this time. Please continue your strong support for our final victory over OCC!

Direct Action Against Osaka Christian College Taken

The EWA held a second meeting with Osaka Christian College (OCC) on 21 December to renew 3 foreign part-time instructors’ contracts. OCC once again stated they had invited a former OCC professor now residing in North America to take over the classes currently being taught by the part-timers. When it was suggested this one professor could not alone teach all of the classes of the present three, the school revealed that it would have Japanese instructors teach any remaining classes, despite many of them being conversation classes. Moreover, OCC denied that a professor told an instructor to quit the union or face being blacklisted, despite contradictory evidence presented by the union. As it became evident OCC had no intention of negotiating in good faith, the union decided it would begin an immediate labor dispute and bring the case to court. We look forward to your support in helping us win a successful outcome to this case!

Osaka Christian College to Fight the EWA

The Osaka Labor Relation Commission had a meeting about the OCC's unfair labor practice case on March 16. The lawyer for OCC, Yoichi Ogawa, attended the meeting for the first time but he refused to mediate the case even though the Committee person recommended it. He also denied the fact that the school secretary voiced a desire for mediation on January 29 when big strike action was taken against OCC.

Ogawa had cases against the EWA in the past and is characterized as having little experience and for being stubborn in labor cases. The Committee decided to proceed to trial, the first one will be held May 18, where Mr. Summers will be a witness with English interpreter.

 

OCC refused mediation by offering a small amount of money

Osaka Christian College fired all part-time teachers last March. EWA brought the case to Labor Relation Commission (LRC) which recommended both parties to mediate.

On October 24, the second session of mediation was held. OCC reported to the LRC that they will offer just a million yen for the compensation of dismissal because OCC is a small school. Of course, the union members have demanded reinstatement so they could not agree to money only. The LRC gave up proceeding the mediation and decided to go back to trial again.

The next trial will be held at 10:00 pm on November 19 and Kashiwagi, principal, will be a witness. We expect her to show the advantage of hiring an expensive full-time teacher by firing all part-time teachers.

OCC update 11/20/2001

On November 19, OCC principal Kashiwagi showed up at Osaka Labor Relations Committee as a witness of the trial. The OCC lawyer asked many questions to prove the dismissals are not related to union busting, but they failed because they could not make it clear why all part-time teachers were fired even though a full-time teacher named Don Perry was rehired.

The next trial will be held on December 21 and the union will cross-examine Ms. Kashiwagi. No one believes she will endure the union's hard questioning. Come to see the trial at 3:00 pm.

Union makes agreement with OCC 12-27- 2001

The EWA met with Labour mediators and OCC officials on December 27, 2001 and made the following agreement:

1. OCC apologized for causing this dispute.
2. The union members and OCC terminated their employment relationship on March 31, 2001.
3. OCC will pay settlement to union.
4. OCC won't employ foreign part-time English teachers in the 2002 academic year.
5. The union will withdraw its case against OCC at the Labor Commission.
6. No other obligations exist between OCC and the union regarding this case except as outlined in this agreement.

 

EWA Branch formed at Osaka Seikei Jr. College

Foreign part-time teachers formed the EWA Seikei Branch in March and requested collective bargaining with the school. The demands are as follows

March 2, 2001
Keiko Harada
Chair, EWA
Edo Lastiri
Chair, Osaka Seikei branch
To: Mr. Akio Naka
Chairperson, Educational Foundation Osaka Seikei Gakuen

Declaration of the union existence and Request of collective bargaining

We announce the existence of the Education Workers and Amalgamate Union
Osaka Osaka Seikei Branch composed by the employee of the Osaka Seikei
Gakuen.
We hope you will accept our request of collective bargaining as follows,

Date; March 13, 2001
Time; 2:00 p.m.
Place; Osaka Seikei Gakuen
Negotiation Matter; Demands as follows,
Related matters
Demands That make union members' employment stable
That the number of part-time union members' classes for the next year
should not be less than this year
That require the consent of the union when any changes to
working/educational conditions of union members are made.

The first negotiation was held on March 13 as the union requested. The school replied the demands that they will cut the teachers classes for the next year is because of the declining prospective students. The union pointed out that the school has accepted dispatch teachers from a private company and it is impossible to do it exceeding one year since the law was changed a year before. The school confessed that they did not know the law. The school will check the law and answer the union demands at the next meeting on March 23.

SEIKEI UNION MEMBERS KEEP THE SAME KOMA

The Seikei Branch has negotiated with the school three times after declaring the branch over the school's proposal that they would reduce the part-timers teaching koma from 6 to 3 for next year. While the union has requested the same koma for the union members, the union disclosed the school's illegal practices such as accepting dispatch teachers from a private company for more than one year. Seikei had insisted that it had not broken the any laws. The union has insisted how wrong this dispatching was.

On March 26, the school suggested a compromise in which the school would give 4 koma. The union, however, did not agree to compromise and gave them a counter proposal in which the union members would disclose illegal matters to the authorities unless getting 6 koma. The school gave up their proposal and accepted the union one after the break. The union members will have as same koma as previous year.

 

UNION MEMBER REINSTATED

A union member was fired at the end of March 2000 from Tennoji-Keiri- Senmon-Gakko (a technical school of accounting). Since then the EWA has fought against the school; demonstrations with many unions, Labor Relations Commission case, Spring Labor Offensive (Shunto) and newsletters/ webpage information. These activities have affected the school very much. The school finally accepted the union demand for an apology, reinstatement and compensation.

On June 7, 2001 the school and EWA made an agreement. The union member was paid for the whole period of dismissal and will be paid as before. She was also paid compensation.

Agreement

EWA, a member and Tennoji School agreed to solve the dispute about her dismissal case and made the following agreement:

1. The school apologizes about the case.
2. The school will reinstate her.
3. The school pays her unpaid salary and compensation.
4. The school will pay her on the 25 of every month from June 2001 on.
5. The school will endeavor to find her classes to teach in the academic year 2002.
6. This agreement should not be opened the public except if union related.
7. The union will drop the case at Labor Relations Commission.
8. No other obligation exists except that stated in this agreement between EWA, a member and the school.

 @

1. TGU regrets that this problem was caused because TGU did not fully explain its intention to the union.
   
2. TGU will make employment contracts with two union members for the year 2001. Both members will be paid for 6 koma respectively but will only have to teach 3 koma each. These agreed contracts are for one year only. If both members renew their contracts for the year 2002, the number of classes and salary are to be reduced to 3 koma respectively.
   
3. TGU will offer union members any new English communication classes that become available in the future.
   
4. TGU will pay the union an agreed amount of money in settlement charges.
   
5. This agreement between TGU and the union members settles all disputes concerning this issue and no other obligation exists except that stated in this agreement.
6. The Union agrees to this settlement and withdraws the labor relations case against TGU.

Tezukayama University, Nara, Promises to Reinstate Union Member's Classes

Tezukayama University, Nara, unilaterally cut classes from several veteran part-time teachers for the 2002-2003 academic year. The university shamelessly cut classes from union members and others while at the same time hired new teachers. This is unacceptable.

A formal protest was made and the union member's classes were almost reinstated after negotiation with the school who had cut his teaching load in half. The union member was promised that the classes will be reinstated in 2003. Other teachers were treated badly during this process and EWA is now monitoring Tezukayama very closely.

All Tezukayama University teachers are urged to join other EWA members at Tezukayama University immediately. Don't be the next teacher to have classes cut. 2003-2004 is just around the corner...

Union Member Charged with Obstruction of Operations by the Toyonaka Board of Education

28 April 2001

The secretary of EWA Toyonaka branch, an elementary school teacher, protested against the Japanese National Flag and Anthem at the graduation ceremony on March 18, 2001. He publicly stated to those in attendance, "I oppose the Japanese National Flag and Anthem," through the microphone. He opposed them on the basis that the Japanese National Flag and Anthem are symbols of Japanese invasion of Asian countries during World War II. They played the very same role as the Swastika of Nazi Germany in Europe.

Toyonaka City Board of Education charged him with obstruction of operations on April 18. They did not talk to the union regarding this matter, although they had promised the union they would negotiate over it in a couple of days. EWA and its sister unions across the country started protesting against Toyonaka City Board of Education by sending protests by fax and email. Please send letters of protest to the following person; your support will be greatly appreciated.

Letters can be sent to the following fax or email, attention of:

Mr. Takabatake (superintendent) and Mr. Asari (secretary)

Fax number; 81-6-6846-9649

e-mail; koe@city.toyonaka.osaka.jp

Copyright © 2000-2003 EWA | Legal Notice