Public Corporation Labor Relations Law
法令番号: 法律第257号
公布年月日: 昭和23年12月20日
法令の形式: 法律
I hereby promulgate the Public Corporation Labor Relations Law.
Signed:HIROHITO, Seal of the Emperor
This twentieth day of the twelfth month of the twenty-third year of Showa (December 20, 1948)
Prime Minister YOSHIDA Shigeru
Law No.257
Public Corporation Labor Relations Law
Contents
Chapter I. General Provisions1-3
Chapter II. Employees'Organizations4-7
Chapter III. Collective Bargaining and Designation of Bargaining Agencies8-16
Chapter IV. Acts of Dispute17-18
Chapter V. Adjustment and Mediation of Grievances and Disputes19-25
Chapter VI. Arbitration26-37
Chapter VII. Miscellaneous Provisions38
Supplementary Provisions
Chapter I. General Provisions
(Objective and Responsibility of Participants)
Article 1. This Law aims at securing the uninterrupted operation of the public corporation at maximum efficiency for the promotion and protection of the public welfare, by establishing the usages and procedures of collective bargaining in order to bring out an amicable and peaceful adjustment of grievances or disputes over wages and working conditions between labor and management.
2 In view of the importance of the public corporation to the national economy, health and welfare, all parties participating in the labor relations procedures established herein shall exert their utmost efforts to minimize industrial strife and secure the amicable adjustment of differences.
(Definitions)
Article 2. The term "public corporation" as used in this Law includes those designated below:
(1) The Japanese National Railways
(2) The Japan Monopoly Public Corporation
2 The term "employees" as used hereinafter in this Law includes those who work for the public corporation on a permanent basis and receive fixed remuneration, but it does not include executive officers or temporary employees who are employed for a period not exceeding two months.
(Scope of Application)
Article 3. Trade unions (hereafter called "union" ) and labor relations and their adjustment of the employees of the public corporations shall be treated by this Law, and matters not provided for by this Law shall be treated by the provisions of the Trade Union Law (Law No.51 of 1945) except Article 11, Article 12 and Articles 24 to 37 inclusive of the said Law.
Chapter II. Employees'Organizations
(Organizational Rights of Employees)
Article 4. Employees may organize or refrain from organizing trade unions, or may affiliate with or refrain from affiliating with such unions;provided that those holding managerial or supervisory positions and those employed in a confidential capacity shall not be permitted to organize or affiliate with unions.
2 The categories of employees rendered ineligible for union affiliation by the proviso to the preceding paragraph shall be designated by Cabinet Order.
3 Only the employees of the public corporation shall be eligible to become members of the employees'unions of the said public corporation or to be elected as officers of such unions.
(Prohibition of Discriminatory Treatment)
Article 5. No public corporation shall refuse to employ, discriminate against, or dismiss its employees on the ground of either membership in or proper activity on behalf of a union, and no employees shall suffer any such discrimination on the ground of failure to affiliate with a union.
2 The public corporation shall not be permitted to make it a condition of employment that its employees do not join a union or withdraw from it.
(Requirements for Union Constitution)
Article 6. No union shall be entitled to avail itself of the rights and procedures provided for by this Law unless its constitution provides for the election of officers by secret ballot and a periodic audit of its funds by an impartial, outside auditor for the purpose of rendering a financial accounting to the union membership. The union constitution shall further provide that members may request a financial accounting at reasonable intervals.
(Full-time Union Staffs)
Article 7. The public corporation shall be authorized to permit employees to engage exclusively in union activities as officials thereof, provided that the number of such employees shall be limited by designation of the said corporation. No compensation shall be paid by the corporation to such employees.
Chapter III. Collective Bargaining and Designation of Bargaining Agencies
(Scope of Collective Bargaining)
Article 8. Matters affecting the management and operation of the public corporation shall be excluded from collective bargaining.
2 With respect to the categories of employees not rendered ineligible for union affiliation under Article 4, the following matters may be subject to collective bargaining and, upon the insistence of either party, shall be appropriately provided for in all collective bargaining agreements:
(1) Wages, hours and working conditions;
(2) Working rules and regulations;
(3) Overtime pay;
(4) Holidays, vacations;
(5) Rules concerning disciplinary actions and standard of priority of promotions, demotions, transfers, discharges, lay-offs, suspension from office and seniority;
(6) Grievance machinery;
(7) Safety practices;
(8) Termination date of collective bargaining agreement, renewal and extention clauses.
(Agents for Collective Bargaining)
Article 9. Collective bargaining shall be carried out exclusively between a negotiations committee representing the public corporation and a negotiations committee representing the employees thereof.
2 The maximum number of persons who may serve on the negotiations committees and administrative rules governing their functioning shall be fixed by Cabinet Order.
(Determination of the Appropriate Units for Collective Bargaining)
Article 10. The public corporation and the employees or their union shall, by mutual deliberation, determine appropriate units (hereinafter called "unit" ) for collective bargaining.
2 The public corporation and the employees or their union shall submit the designation of the abovementioned units to the Minister of Labor by January 31 every year.
(Selection of Bargaining Agents Representing Employees)
Article 11. By February 25 of each year, the principal trade union organizations representing workers employed in the public corporation as well as any representatives of unaffiliated workers, if any, shall designate a committee (including alternates to replace any original member who is incapacitated), which shall be the exclusive representative of all workers employed by the public corporation for the purpose of negotiating with the negotiations committee representing the management, and submit it to the Minister of Labor. In the event of failure to select such representatives, the following provisions shall become applicable:
In the event that the union or other representatives fail to select a committee within the period prescribed above, because of disagreement as to the appropriate union representatives who shall take part in the designation or because of other reasons, the Minister of Labor shall intervene and take all necessary actions within thirty days, so that a committee may be selected in accordance with the basic standard set forth in this Law. To this end the Minister of Labor shall determine the following matters:
(1) What units of employees are appropriate for organizational and collective bargaining purposes.
(2) Which labor organization or other agent by virtue of representing a majority of the employees within designated units is entitled to participate in the final selection of the employee representatives, who shall constitute the negotiations committee.
(3) The voting procedures to be employed in the final selection by the union or other representatives of the employees. In prescribing such voting procedures, due consideration shall be given to the occupational character and numerical strength of the participating unions or other groups.
2 In arriving at the determination required by item 1 of the preceding paragraph, the Minister of Labor shall be guided by the basic consideration that the group of employees which constitutes unit appropriate for organization and collective bargaining purposes is grounded in a community of interest in their occupation more particularly in their qualifications, experience, duties, wages, hours and other working conditions.
3 In arriving at the determination required by item 2 of paragraph 1, the Minister of Labor may, when he deems that there exist unsual circumstances, order and conduct employee elections by secret ballot to ascertain the majority wishes of the employees. Administrative rulers for the conduct of such elections with respect to such matters as the designation of eligible voters, the decision of appropriate notice concerning polling day, the selection of proper polling-places, the appointment of election observers, and the guarantee of speedy, accurate and honest tally of ballots, etc. shall be prescribed by Cabinet Order.
(Protests)
Article 12. In the event the employees or their unions desire to raise objections relating to the designation-of bargaining agents pursuant to the preceding Article, they may file complaints with the Minister of Labor withiu five days after the designation has been announced.
2 Procedures for filing and disposing of the complaints provided for by the preceding Article shall be fixed by Cabinet Order.
(Selection of Bargaining Agents Representing the Public Corporation)
Article 13. The public corporation shall determine the composition of its negotiations committee (including alternates to replace any original member who is incapacitated) and notify the Minister of Labor thereof by February 25 of each year.
(Certification of Bargaining Agents and Term of Office)
Article 14. The Minister of Labor shall issue, at the request of those concerned, a certificate accrediting them as exclusive bargaining agents.
2 The term of office of the bargaining agents shall commence on April 1 of each year and end on March 31 of the following year;provided that any person who has filled a vacancy shall serve until his predecessor's remaining term of office expires.
(Frequency of Collective Bargaining Negotiations)
Article 15. Meetings between the negotiations committees representing the public corporation and the employees may be initiated at the request of either party but shall be held at least once each year for the purpose of consummating a written collective bargaining contract embodying terms as to wages and other basic conditions of employment.
(Requirement of Diet Approval for Additional Expenditure of Funds)
Article 16. Any agreement involving the expenditure of funds not available from the appropriated corporation budget or available corporation funds shall not be binding upon the Japanese Government and no funds shall be disbursed pursuant thereto until appropriate action has been taken by the Diet.
2 Such agreement shall be submitted to the Diet for ratification or disapproval within ten days of its conclusion;provided that if the Diet is not in session, such agreement shall be submitted to the Diet within five days after it convenes. Approval by the Diet shall render the terms of the agreement effective as of the date specified in such agreement.
Chapter TV. Acts of Dispute
(Banning on Acts of Disputes)
Article 17. The employee and their unions shall not engage in a strike, slowdown or any other acts of dispute hampering the normal course of operation of the public corporation, nor shall any employee conspire to effect instigate or insite such prohibited conduct.
2 The public corporation shall not engage in a lockout.
(Status of Employees Who Violate Article 17)
Article 18. Any employee found to have engaged in conduct violation of the provisions of the preceding Article shall forfeit all rights under this Law and shall be subjected to dismissal.
Chapter V. Adjustment and Mediation of Grievances and Disputes
(Joint Grievance Adjustment Boards)
Article 19. A Grievance Joint Adjustment Board, consisting of two members representing the public corporation and two members representing the employees, shall be established for each appropriate unit as designated pursuant to Article 10 or 11. It shall be the function of the Board to settle properly the grievances of employees arising from daily working conditions.
2 The details of jurisdiction and operation of the Grievance Joint Adjustment Board shall be fixed in the negotiations between the public corporation and the bargaining agencies of its employees.
(Mediation Committee)
Article 20. Mediation of grievances and disputes between the Japanese National Railways and its employees shall be carried out by the National Railways Mediation Committee, and mediation of grievances and disputes between the Japan Monopoly Public Corporation and its employees shall be carried out by the Monopoly Public Corporation Mediation Committee.
2 The National Railway Mediation Committee and the Monopoly Public Corporation Mediation Committee shall respectively include a Central Mediation Committee established in the central area and Local Mediation Committees established in local districts.
3 The name, location and jurisdictional area of each Local Mediation Committee shall be designated by Cabinet Order based upon the recommendation of the Central Mediation Committee.
4 The Local Mediation Committee shall take charge of the business within its jurisdictional area, and the Central Mediation Committee shall assume jurisdiction over the business concerning two or more areas and of cases which the Local Mediation Committee cannot successfully settle.
5 The Central Mediation Committee may request to report and give necessary instructions to the Local Mediation Committees.
(Committeemen)
Article 21. Each mediation committee shall be composed of three committeemen.
2 The committeemen of the preceding paragraph shall be appointed by the Prime Minister from among the candidates for committeemen who have been selected according to the each following item:
(1) The bargaining agencies representing the public corporation and its employees shall make up a list of members to be recommended respectively as the candidates and exchange such lists with each other.
(2) The bargaining agency of a public corporation shall select one candidate from among those in the list submitted by the employees, while the bargaining agency of the employees shall select one candidate from among those in the list submitted by the public corporation.
(3) The two candidates selected by the provisions of the preceding item shall select the third candidate through their mutual deliberation.
(4) On the occasion of the decision of the candidates for membership on the mediation committee, provided by the preceding two items, a substitute candidate shall be concurrently selected.
(5) The bargaining agency of a public corporation and its employees shall present a list of candidates and substitute candidates selected according to the provisions of the preceding four items to the Prime Minister by March 25 every year.
3 The term of office of a member of the mediation committee shall be one year;provided that he may be redesignated.
4 The members of the mediation committee shall be compensated for their travelling and other actual functional expenses and can receive an allowance as provided for by Cabinet Order.
(Chairman of the Committee)
Article 22. The committee shall have a chairman, who shall be elected from among the members by mutual vote.
2 The chairman shall preside over the business of the committee and shall represent the committee.
(Executive Bureau)
Article 23. The Mediation Committee shall have an executive bureau to coordinate and administer its business.
(Opening of Mediation)
Article 24. The mediation committee shall undertake mediation in case the matter falls under one of the following items:
(1) When both of the parties concerned apply for mediation.
(2) When one or both of the parties apply for mediation on the basis of the provisions of the collective bargaining contract.
(3) When one of the parties applies for mediation and the committee decides upon the necessity of undertaking mediation.
(4) When the mediation committee decides upon the necessity of mediation upon its own initiative.
(5) When the Minister of Transportation or Labor in regard to the labor relations of the Japanese National Railways, and the Minister of Finance or Labor in regard to those of the Japan Monopoly Public Corporation requests the mediation committee to undertake mediation.
(Procedural and Administrative Matters)
Article 25. Necessary matters concerning the mediation committees other than those stipulated in this Chapter shall be provided for by Cabinet Order.
Chapter VI. Arbitration
(Public Corporation Arbitration Committee)
Article 26. The Public Corporation Arbitration Committee (hereinafter called the "Arbitration Committee" ) shall be composed of three members who shall be appointed by the Prime Minister.
2 The chairman of the Central Labor Relations Committee and that of the Maritime Labor Relations Committee (hereinafter called the "chairman" ) shall submit a slate of twelve candidates to the bargaining agencies representing the public corporation and the employees. The said bargaining agencies shall selectand mutually agree upon three candidates and three substituting candidates to constitute the Arbitration Committee and shall report their selection to the Prime Minister.
3 In case the agreements of the preceding paragraph is not made within thirty days, the chairman shall themselves designate the three candidates and their substituting candidates and report their designation to the Prime Minister.
4 The Prime Minister shall appoint the members of the Arbitration Committee in accordance with the report of the foregoing second or third paragraph.
(Ineligibility as Committeemen)
Article 27. Those who come under one of the following items shall be ineligible to serve on the Arbitration Committee:
(1) An incompetent person or a quasi-incompetent person or a bankrupt who has not been rehabilitated.
(2) A person who has been condemned to a penalty heavier than imprisonment.
(3) Diet members or members of the assemblies of the local public entity.
(4) Officials of political parties (including those who have served in such a capacity within a year prior to the date of appointment).
(5) Persons who are in the business of supplying materials to the public corporation or of contracting construction work for the public corporation (including those who have engaged in such activity within a year prior to the date of appointment.)
(6) Officials and staff of public corporations.
(Term of Office of Committeemen)
Article 28. The term of office of the members of the Arbitration Committee shall be three years. The substituting members, if called upon to serve, shall continue to do their duties for the remaining term of office of their predecessors. The members may be redesignated.
(Dismissal of Committeemen)
Article 29. The Minister of Labor, Transportation or Finance, when he recognizes that a committeeman is not equal to his duties because of mental or physical disorder or that a committeeman has violated his functional duties or engaged in conduct not becoming his office, may request the dismissal of that committeeman to the Prime Minister.
2 In the event that the abovementioned request is mitted to the Prime Minister, he may dismiss that committeeman and appoint a substitute when he recognizes that such request is justifiable. The Prime Minister may also take the same step when a committeeman is incapacitated for other reasons.
(Chairman of the Arbitration Committee)
Article 30. The Committee shall have a chairman, who shall be elected from among the members by mutual vote.
2 The chairman shall control the business of the Committee and shall represent the Committee.
(Executive Bureau of the Arbitration Committee)
Article 31. The Committee shall have an executive bureau, which shall arrange the business of the Committee.
(Authority to Establish Regulations)
Article 32. The Committee may establish regulations with respect to its operation such as the procedure of arbitratiou, and other business management.
(Scope of Arbitration)
Article 33. The arbitration procedures established by this Chapter shall be applicable to all issues which are the subject of collective bargaining as itemized in Article 8 of this Law and which cannot be resolved by the collective bargaining procedures established by Chapter III or the mediation procedures established by Chapter V thereof. Arbitration shall also apply to disputes arising over conflicting interpretations of the terms of the collective bargaining contract entered into by the parties and disputes arising over the agreement prescribed in Article 36 of the Labor Standard Law (Law No.49 of 1947).
(Opening of Arbitration)
Article 34. The Arbitration Committee shall undertake arbitration when the matter falls under one of the following items:
(1) When both of the parties apply for arbitration to the Committee.
(2) When one or both of the parties apply for arbitration to the Committee according to the provisions of the collective bargaining contract.
(3) When the majority of the members of the mediation committee decide to request arbitration for the pending dispute.
(4) When the mediation falls to resolve the dispute within two months.
(5) When the Minister of Transportation, Finance or Labor requests arbitration to the Committee.
(Decisions of the Arbitration Committee)
Article 35. Decisions of the Arbitration Committee shall be final and binding upon both the public corporation and the employees, except that the provisions of Article 16 of this Law shall be invoked whenever the said provisions are applicable to a decision of the Arbitration Committee.
(Direction of the Arbitration Committee)
Article 36. In the event it is adjudged that Article 5 has been violated, the Arbitration Committee may direct the public corporation to reverse its action.
(Applicable Provisions of Other Laws)
Article 37. Provisions of Articles 28 to 31 inclusive and Articles 34 to 37 inclusive of the Trade Union Law and Articles 32, 33 and 43 of the Labor Relations Adjustment Law (Law No.25 of 1946) shall apply mutatis mutandis to the Arbitration Committee.
2 Necessary matters concerning the Arbitration Committee other than those stipulated in this Chapter shall be provided for by Cabinet Order.
Chapter VII. Miscellaneous Provisions
(Administrative Authority)
Article 38. Unless otherwise specified in this Law, responsibility for administration and enforcement thereof shall be vested in the Labor Ministry.
Supplementary Provisions:
1. This Law shall come into force as from April 1, 1949.
2. The term of office of the members of the Arbitration Committee, appointed initially after the establishment of a public corporation, shall be fixed at one, two and three years respectively, according to the determination of the Prime Minister.
3. The authorities of administrative offices provided for by Articles 5, 6 and 8 and Article 19, paragraph 2 of the Trade Union Law and those of the Labor Relations Committee provided for by Article 15 of the same Law shall be vested in the Minister of Labor. In this case, the resolution of the Labor Relations Committee provided for by Articles 6 and 8 of the same Law shall not be required.
Minister of Finance pro tempore Minister of State OYA Shinzo
Minister of Transportation OZAWA Saeki
Minister of Labor MASUDA Kaneshichi
Prime Minister YOSHIDA Shigeru