Last Updated: 2008-10-23
To Kwangaku Teachers
October 16, 2008
According to a letter of June 17 from the "Full-time English Faculty, Sociology Department", "all teachers now presently teaching 4 or more classes in the English education portion of the curriculum will have a one-class decrease to a maximum of three", and "some people will also not have their one-year contract renewed". The letter also mentions that "these changes have been agreed to by the Academic Affairs and Administration Office in Sociology, and are supported by all full-time English faculty."
You may already know this, but you are employed by the University, not by the School of Sociology, so that any changes in working conditions have to be approved by the administration of Kangaku. If you want to contest these proposed changes in your teaching load, you should therefore deal directly with the University. To do this effectively, support from an active and effective labor union is essential.
The Education Workers and Amalgamated Union Osaka (EWA) is such a union and has a chapter here on campus. They have helped me and others to have several proposed changes (salary cuts, termination of contract, and reduction in teaching load) cancelled through a series of successful negotiations. If you want the EWA to support your cause, please join as soon as possible because after the change has been formally approved by the university and agree to by you, there is little or nothing the union can do.
If you need more information or would like to discuss your situation, please mail me at the address below.
To protect your working conditions, join the EWA right now!
Sincerely,
Jan K. Visscher
Head Kwansei Gakuin University Branch Education Workers and Amalgamated Union Osaka
visscher@kcc.zaq.ne.jp
EWA Needs Your Support for The STRIKE on 15 July
As you may know, Mr. Hashimoto, Governor of Osaka Prefecture, has proposed a major restructuring plan which will worsen the daily lives of Osaka inhabitants and adversely effect salaries of teachers and other governmental officials. Another disastrous proposal will result in the burning of tens of thousand of books and documents now stored at the Social Labor Library.
Teacher and staff salaries will be cut by 10 %, and 330 part-time staff working at high-schools will be fired at the end of March 2009. Among the 330 staff are EWA members.
The EWA has negotiated with the Osaka Prefecture Government against the plan. Needed revenues can be found by stopping interests payments on prefecture bonds to banks and the central government. But the Prefecture Government refused to discuss revenue issues with us, claiming it is solely the domain of government. As a result EWA has no choice but to go on strike.
We have decided, therefore, for a strike action on 15 July. Some EWA members have the right to strike while others are prohibited by the law because of their status as public servants. These latter members, however, will use annual leave to join the strike action.
Now, we need your support for this strike action. All members are urged to assemble at 9:00 am on 15 July at the main entrance of the Osaka Prefecture Office. You can check the status of the strike action in the evening on 14 July by calling EWA headquarter at 06-4793-0633 or through e-mail (info@ewaosaka.org).
Thank you for your efforts to join us.
Hiromichi Takei
Chair, EWA
Neo Yamashita
Vice Chair, EWA
The main entrance of Osaka Prefecture Office is located on the Osaka Castle side.
Kobe Shoin and the Use of Law
In January of 2007, the EWA began negotiations with Kobe Shoin, concerning the replacement of EWA educators with dispatch teachers from the private companies ECC and OTC. Our Chairman (incho) Neo Yamashita pointed out that the use of dispatch personnel went contrary to MEXT guidelines, but was ignored. Shoin claimed that since the Metropolitan University of Tokyo used dispatch teachers, Shoin was free to do so as well.
In a further negotiating session, EWA declared willingness to go to the Hyogo Labor Board, disclosing the dubious practice of using dispatch personnel to replace qualified EWA members. We were begged not to carry out our threat, but since Shoin was unwilling to negotiate on this point (or any other), we went ahead and reported directly to the Labor Board. Some of you may have seen the news clips of us doing so on TV.
MEXT changed their 'guidance' strategy later in the year, by passing "Article 19 of Daigaku Sechi Kijun," making the use of dispatched teachers at the college and university level illegal. The new law comes in to effect April 1, 2008.
In negotiations with Shoin this past January (2008) we inquired if Shoin were now going to obey the new law and no longer bring in people from dispatch companies. They assured us that this was the case, and that no teachers from ECC or OTC (or any other jobber) would be employed at Shoin.
Kobe Shoin changed their employment practice as a direct result of EWA pressure. This once again shows the power of unionism. If any reader knows of cases where colleges or universities are still disobeying the law, please contact us. The new law should be a powerful tool in stopping the use of dispatch teachers in higher education in Japan.
Ashiya City Negotiation on 27 Feb., 2008
This has been the second round for negotiations for ALT's in Ashiya for better conditions in 2008. We along with union have been trying to get a much better wage increase for the past number of years now. At the time just before union was made 3 full time ALT's worked in Ashiya City. Now there are only two. Over the past number of years, we have tried hard, claiming 3 ALT's are needed. Ashiya cites budget costs and restrictions making it very difficult to employ 3 ALT's. ALT's in Ashiya have received almost no rise in salary over the past 8-10 years. We again this year tried for a better rise in salary. We did get a slight increase however, it wasn't what we had hoped for. On a brighter point, ALT's will have better sick leave conditions of up to 90 days per year. In case of special illness, the above 90 days can be followed by another 90 days.
Thanks again to EWA and the support of its members (Neo, Greg, Rube, Jan and Mike) we hope other cities will take notice and improve better conditions for their ALT's.
Anthony
Newsletter ‚November, 2007 (published semi-occasionally)
TransNational Caucus Meeting
The Transnational Caucus Meeting was held on September 29 and topics below were discussed.
Osaka Shoin: Shoin unilaterally changed working conditions for teachers. This was challenged by EWA members and negotiations were held. An agreement between the school and union was reached. However, when the branch chair sent out information about the agreement, the school claimed the union member had lied. A further check revealed a mistranslation from Japanese into English. To avoid similar probems in the future, it is advised that everyone should take notes and/or request permission to record negotiation sessions with schools.
Leafletting
for the entrance examination at the front gate of Osaka Shoin
Kansai University High School #1: A teacher became ill and was hospitalized. During his stay in the hospital, the school terminated his employment and hired a replacement. EWA took-up the case and the Labor Relations Commission awarded the union member satisfactory compensation. See his own report following this article.
Takarazuka Zokei: A union member was told his contract had been terminated. When requesting the reason, the school claimed the teacher caused a problem with a student. As the member disagreed with this assessment, EWA recommended that he take the case to the new Osaka Labor Tribunal. Although winning the case, less-than-average compensation was awarded. One reason for this outcome was that the member had not previously declared membership in the union. The lesson learned here is that all union members should declare membership at all their schools. Keep in mind that it is illegal for a school to dismiss or harass an employee for union membership. It is also illegal for a school to refuse to negotiate with a union.
Also discussed at this meeting was the difference between a "jirei" (a roll-over contract that requires no signature) and a "keiyaku" which is a signed contract. Remember also that if a contract is unsigned, it technically cannot expire. If you are newly told to sign the contract after several renewal sof your "jirei", you should not sign the new contract and consult with us.
Victory at CLRC for Kandai 1 Chu Case (with M L)
In January 2005 I was hospitalized after suffering a stroke. At that time I was working at Kandai 1Chu Junior High. During my four month stay in hospital I was visited several times by my boss at Kandai 1Chu who was also the vice principal. We had a good working relationship and this extended to his hospital visits.
One day I was visited by my foreign colleague and as he was leaving he told me that he would be meeting the new teacher the following day. After he had gone I telephoned my other colleague and I was told that I had lost my job. I was shocked as I had not been told this by my boss. When my boss realized that I was unaware that I would lose my job he came to see me in the hospital. Including myself, there were three foreign teachers teaching English and in the past when one teacher was away the other two teachers shared the absent teacher's students. I naturally thought that would happen this time. It seemed from Kandai 1Chu`s point of view that it was obvious that I would lose my job because I was still in hospital when my yearly contract expired. At that time I had been working there for six years, I had never been late, I had never missed a class and I was shocked that I didn't receive any appreciation or loyalty at all. It would have been so easy for Kandai 1Chu to take care of my students until I returned from hospital.
After leaving the hospital I reported the matter to a union that I was a member of at that time and they drafted a letter for me to send to the principal of Kandai 1Chu saying that I was ready to start work again.
I did not receive a reply and when I told this to the other union they told me to, "Forget about it" and look for another job. I was not happy with this state of affairs and a friend advised me to join EWA, which I did in November 2005. EWA took up my case immediately and, although it wasn't easy, the case has been brought to a successful conclusion.
EWA requested to have collective bargaining with Kansai University since it owned Kandai 1chu. But KU refused the collective bargaining because KU thought that the contract had expired and I had not opposed the expiration of the contract. EWA warned KU that it was the unfair labor practice consisting of the refusal of the collective bargaining. But it was not effective.
EWA took the case to the Osaka Labor Relations Commission in March 2006. The OLRC started the hearing meeting. As of July 25 2006, OLRC had a trial meeting. I and the vice-principal were witnesses at the meeting.
KU insisted that it was not required to have collective bargaining with EWA as my contract had expired. EWA made a counter-argument that I did not accept the expiration of contract and that KU had to have collective bargaining in which EWA requested the reinstatement.
On March 5 2007 OLRC ruled in favor of EWA and ordered KU to have collective bargaining with EWA. But KU appealed the case to the Central Labor Relations Commission. CLRC had 4 hearing meetings in that CLRC recommended both parties to mediate.
On 16 October 2007, EWA and KU reached an agreement on the conditions; a) Kandai and EWA recognize that I had retired from Kadai 1 chu on March 31, 2005 without problems. b) Kandai and EWA hereafter endeavor to keep good industrial relationship each other. c) Kandai pays EWA **yen as a settlement charge of this case by the end of October 2007 through the EWA's bank account. d) EWA and Kandai recognize each other that there is neither credit nor liability between EWA and Kandai except clauses of this agreement.
I did not get my job back but I did get my second choice which was satisfactory financial compensation. Kandai 1Chu didn`t want to do anything for me but thanks to EWA I got something out of the situation.
ALTs Met for Collective Bargaining
EWA branches met last October to discuss about collective bargaining for ALTs. Amagasaki, Ashiya and Kobe Branches have organized ALTs in their cities respectively. The Amagasaki City Board of Education reduced ALT salaries, claiming their salaries were higher than ALTs in other Hanshin area cities. Because of EWA protests, including two cases brought to the Central Labor Relations Commission, Amagasaki gave up the final salary cut, which was initially pegged at 15%.
EWA and the Amagasaki Branch came to the conclusion that we have to increase the ALT salary in other cities in Hanshin area in order to reinstate the salary cut. ALTs in Ashiya and Kobe have not enjoyed a pay raise for several years, instead receiving announcements of financial difficulties in their cities.
The three branches chairs have agreed that it is a time to start collective bargaining with the respective cites. The collective bargaining will be held late November and the three branches will support each others by attending the collective bargaining sessions.
