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;
(5) Rules concerning disciplinary actions and standard of priority of promotions, demotions, transfers, discharges, lay-offs, suspension from office and seniority;
(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.