Complaint to Osaka Labor Relations Commission against Kindai over its age limitation on part-time teachers
EWA has demanded from the beginning of its formation of the Kindai Branch that the University withdraw its work rule regulating the age limitation of 65 in the hiring of part-time teachers. In 2019 we engaged in a tense struggle because a union member has reached the age of 65. At our collective bargainings and dialogues, Kindai changed their reasons for the age limitation, but they would not change their policy. Therefore, on 9 March EWA submitted a complaint to Osaka Labor Relations Commission against Kindai’s unfair labor practices such as contract termination in a disadvantageous manner, negotiating not in good faith, and undermining the Union.
Kindai first dossier 2020.5.28
Union second dossier 2020.7. 6
Kindai second dossier 2020.7.15
Kindai third dossier 2020.10.2
Union fourth dossier 2020.11.6
The Osaka Labor Relations Commission has held the meeting of mediation since both union and university wanted to make good relationship. Kindai, however, replied they would pay union 50,000 yen as settlement charge though they would consider the extension of retirement age of 70. Union did not accept such small amount of settlement. The OLRC requested both parties to submit a final dossier and will issue a verdict in a six months.
Kindai final dossier 2021.10.4
Osaka Labor Relations Commission ruled out the Kindai case 28 March 2022. OLRC did not admit the Kindai’s unfair labor practices.
The verdict says that Kindai did not renew union member’s contract based on their work rules over retirement age for part-time teacher. In other word, it was not based on Kindai’s hostility against his union membership or his activities as a union member. It was sure Keizai department had offered him 4 komas in 2020, but Kindai administration canceled it and gave him the decision of non-renewal of his contract. That was why Keizai’s offer is no longer effective.
The verdict also says that Kindai told EWA their intension to extend age limitation beyond 65 at the negotiations but did not finalize it. That is why their attitude over negotiation is not regarded as of not in good faith. In other word, Kindai had no obligation to extend the age limitation regardless of their intention.
EWA does not want to accept the verdict, but we should concentrate on the next negotiation regarding the extension of retirement age of part-time teachers.
The 2021 annual collective bargaining with Kindai
January 13, 2022 the annual collective bargaining was held. EWA had submitted the request of the negotiation in November 2021.
At the negotiation promised Kindai to answer EWA during the first semester 2022 when and what age the retirement age increase. And April 2022 Kindai notified EWA that they made the amendment of work rule for part-time teacher of their retirement age to 66 from 2022 academic year. They had allegedly sent it all part-time teachers at the same time.
EWA will have an annual negotiation in 2022 with Kindai including requests as follows: the age limitation until 70; compensation for a union member for his 4 komas in 2020 offered by Keizai department.