(Labor Relations Commissions)
Article 19. Labor Relations Commissions shall be set up consisting of equal number of persons representing employers, workers and public interest.
2 The Labor Relations Commissions shall consist of the Central Labor Relations Commissions, the Mariner's Central Labor Relations Commission, Prefectural Labor Relations Commissions and Local Mariner's Labor Relations Commissions.
3 The members and the staffs of a Labor Relations Commission as provided in this Law shall be regarded as staffs engaged in official business under laws and ordinances.
4 Matters relating to Labor Relations Commission other than those laid down in this Law shall be fixed by a Cabinet Order.
5 The Central Labor Relations Commission shall be under the jurisdiction of the Labor Minister.
6 The Central Labor Relations Commission shall be composed of seven members representing employer (hereinafter referred to as "employer members" ), seven members representing labor (hereinafter referred to as "labor members" ) and seven members representing the public interest (hereinafter referred to as "public members" ).
7 The Labor Minister shall appoint the employer members in accordance with the recommendations of the employers'organizations, the labor members with the recommendations of trade unions and the public members with the agreement of the employer members and the labor members.
8 Incompetent and quasi-incompetent persons and one who has been sentenced to penal servitude or imprisonment and still under the execution of the sentence cannot be a member. When, a member shall become disqualified as a result of this provision, he shall automatically be retired.
9 As to appointment of the public members, three or more of them shall not belong to the same political party. When a public member shall have by his own actions disqualified himself as a result of this provision, he shall automatically be retired.
10 In case the Labor Minister recognizes that a member of the Central Labor Relations Commision cannot perform his duties by reason of mental and physical defects or that a member has violated his duties in performing his functions or is guilty of misconduct as a member, the Labor Minister may discharge the said member with the approval of the Central Labor Relations Commission.
11 The term of office of the members shall be one year, provided that substitute members filling a vacancy shall remain in office during the remaining term of the predecessor.
12 The members may be re-appointed.
13 The members shall continue to perform their duties until their successor has been appointed.
14 Members shall receive such salaries;allowances and other pays as are fixed separately by laws and compensation for expenses necessary to perform their duties as fixed by a Cabinet Order.
15 There shall be chairman in the Central Labor Relations Commission.
16 The chairman shall be elected by all members from among the public members.
17 The chairman shall preside over the businesses of the Central Labor Relations Commission.
18 When the chairman has been prevented from performing his duties, one who has been elected according to the provision of paragraph 16 shall perform the businesses of the chairman in lieu of the chairman, and when the chair has become vacant, a new chairman shall be elected in accordance with the provision of the same paragraph.
19 An Executive Office shall be established in the Central Labor Relations Commission to handle the administrative affairs of the Commission, and the Executive Office shall have a director and necessary staff appointed by the Labor Minister with approval of the chairman.
20 The provisions of this Article shall apply mutatis mutandis to the Prefectural Labor Relations Commissions;provided that the functions of the Labor Minister therein provided shall be performed by the Governor and the Commission shall be composed of five employer members, five labor members and five public members (in Tokyo Prefectural Labor Relations Commission, seven);and two or more of the public members shall not belong to the same political party (in Tokyo Prefectural Labor Relations Commission, three or more).
21 As regards the seamen covered by the Seamen's Law (Law No.100 of 1947), the functions of the Central Labor Relations Commission, the Prefectural Labor Relations Commission, and the Labor Minister or the Prefectural Governor as provided for in this Law shall be performed respectively by the Mariner's Central Labor Relations the Mariner's Local Labor Relations Commission and the Transportation Minister;and the provisions concerning the Central Labor Relations Commission and the Prefectural Labor Relations Commission shall apply mutatis mutandis to the Mariner's Central Labor Relations Commission and the Mariner's Local Labor Relations Commission;provided, however, that "Prefectures" shall read "Areas under the jurisdiction of the Maritime Transportation Bureau" .
(Function of the Labor Relations Commissions)
Article 20. In addition to provisions under Articles 5, 11, 18 and 27, the Labor Relations Commission shall have authority to perform conciliation, mediation and arbitration of labor disputes.
(Proceeding)
Article 21. When the Labor Relations Commission deems it necessary for the public welfare, the meeting of a Labor Relations Commission may be made public.
2 The meetings of the Labor Relations Commission shall be called by the chairman.
3 The Labor Relations Commission shall be disallowed to open a meeting and to make a decision unless at least one, employer member, one labor member and one public member be present.
4 Decisions shall be made by a majority of the members present, and in case of a tie the decision shall be made by the chairman.
(Authority of Compulsion)
Article 22. When the Labor Relations Commission deems it necessary for carrying out its work, the Labor Relations Commission may require the attendance or presentation of reports of the employer or the employers'organization or the trade union or others concerned or it may require the presentation of necessary books and documents or it may also have its members or staffs of the Labor Relations Commission (hereinafter simply called "staff" ) inspect factories and other working places concerned or inspect the conditions of business, books and papers and other objects.
2 In case the Labor Relations Commission shall have the members or staffs inspect or investigate under the preceding paragraph, the Labor Relations Commission shall make them carry a certificate certifying their position and show it to a person concerned.
(Duty to keep Secret)
Article 23. The members and those who were members as well as the staffs or those who were on the staff of a Labor Relations Commission shall be disallowed to disclose any secret information obtained in performing their functions.
(Functions which are carried out only by the Public Members)
Article 24. Only the public members of the Labor Relations Commission shall participate in the adjudication of cases arising under Articles 5, 7, 11 and 27 and Article 42 of the Labor Relations Adjustment Law;provided, however, that this shall not preclude labor members and employer members from participating in hearings held prior to a decision.
(Functions of the Central Labor Relations Commission)
Article 25. The Central Labor Relations Commission shall have authority to perform the functions prescribed under the provisions of Articles 18, 20, 26, and 27. The Central Labor Relations Commission may assume initial jurisdiction in all cases of conciliation, mediation, arbitration, and adjudication of cases which cover two or more prefectures or which present issues of national import.
2 The Central Labor Relations Commission may review the adjudications of the Prefectural Labor Relations Commission pursuant to the provisions of Articles 5, 7 and 27 with full authority to reverse, accept, or modify such adjudications, or it may reject appeal for review. Such review shall be initiated by the Central Labor Relations Commission or by appeal of either party from the adjudication of the Prefectural Labor Relations Commission.
(Authority of establishing Rules)
Article 26. The Central Labor Relations Commission shall have authority to formulate and promulgate rules of procedures for the Prefectural Labor Relations Commission, as well as rules of procedures for its own proceedings.
(Orders, etc. of the Labor Relations Commission)
Article 27. Whenever a complaint is field that an employer has violated the provision of Article 7 with a Labor Relations Commission, the Labor Relations Commission shall make an immediate investigation and if it is deemed necessary shall have a hearing of the issues on the merits of the complaint. Such investigation and hearing shall follow the Rules of Procedures prescribed by the Central Labor Relations Commission in accordance with the provision of the preceding Article, and at such hearing, sufficient opportunity to present evidence and cross-examine the withnesses shall be given to the employer concerned as well as the complainants.
2 At the conclusion of the hearing provided for in the preceding paragraph, the Labor Relations Commission shall make a finding of fact and issue its order in accordance therewith either granting in full or in part the relief sought by the complainants or dismissing the complaint. Such findings of facts and such order shall be in writing, and a copy thereof shall be served on the employer concerned and the complainants. Such order shall be in full force and effect from the date of service. Proceeding under the provisions of this paragraph shall be in accordance with the Rules of Procedures prescribed by the Central Labor Relations Commission as provided for in the preceding Article.
3 In case the employer received the order of the Prefectural Labor Relations Commission according to the provision of the preceding paragraph, he may within a period of 15 days file a request for review by the Central Labor Relations Commission. However, such request shall not have the effect of staying the order and it shall lose its force and effect only when the Central Labor Relations Commission reverses or modifies it as a result of review in accordance with the provision of Article 25.
4 In case the employer elects not to request a review by the Central Labor Relations Commission or in case the Central Labor Relations Commission issues the order, he may within a period of 30 days from the date of service of the order file his petition according to the provision of the Exceptional Law for Administrative Suit Cases (Law No.81 of 1948).
5 In the event the employer files his petition with the court according to the provision of the preceding paragraph, the court with which the petition is filed may, on appeal from the Labor Relations Commission concerned, issue Order by its decision requiring the employer concerned to comply in full or in a part with the order of the said Labor Relation Commission pending final judgement by the Court, or it may reverse or modify the decision on application from the parties concerned or by its own initiative.
6 In the event the employer requests a review by the Central Labor Relations Commission according to the provisions of paragraph 3, the period granted for recourse to the court under the provision of paragraph 4 shall commence to run from the day on which the Central Labor Relations Commission either refused to accept the appeal concerned or otherwise made final action in accordance with the provisions of Article 25.
7 In the event employer does not file his petition within the period under paragraph 4, the order of the Labor Relations Commission concerned shall be fixed. In this case, if the employer does not comply with the order of the Labor Relations Commission, the Labor Relations Commission shall inform of it to the District Court in the place where his domicile is located. The worker may also inform of it.
8 In case all or a part of the order of the Labor Relations Commission is sustained by the fixed judgement of the Court based on the petition under paragraph 4, the Central Labor Relations Commission cannot review the order of the Prefectural Labor Relations Commission.
9 The provisions of this Article shall not preclude a trade union or a worker from requesting a review by the Central Labor Relations Commission according to the provision of Article 25 or from filing petition with the Court.
10 The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the procedures of review by the Central Labor Relations Commission.