318:, claiming anti-union discrimination and that this violated the right to organize as stipulated in the ILO Convention No. 98 concerning freedom of association. They brought the case to the ILO Committee on the Freedom of Association for settlement. The committee wrote a report which was then approved by the ILO's ruling body. The ILO's view was that the dismissed workers "were not hired by the JR companies not because of discrimination against the labor unions but because their members had refused wide-area transfers to other regions."
263:. Kokuro sought compensation for the loss of union fees incurred when the JR companies did not hire the union members, but this was intended as leverage to encourage political parties to intervene and for the agency to settle the labor dispute. A Kokuro official stated: "This suit is for securing an option to solve problems through the court before the statute of limitations expires. We will consider dropping the suit when a political solution becomes feasible."
208:. Local labor relations commissions recognized discrimination in three prefectures, (Kanagawa, Tokyo, and Akita) and an order for redress was issued. The company appealed this to the Central Labour Relations Commission in Tokyo. The Central Labour Relations Commission brokered a deal, and in 2005, Kokuro withdrew the 23 cases claiming anti-union discrimination against its members. In return, the company paid compensation estimated at 360 million yen.
228:
were responsible for selecting personnel to start up their new entities, they were not obligated to compensate unhired JNR workers. He said that if there were unfair labor practices were committed in choosing employees, the JR companies are responsible, but the labor commission should only order the firms to repeat their employment process, not to rehire the workers. He said an order to rehire unionists was illegal.
215:, mostly related to the dismissal of the 1,047 JNR workers. In November 2006 the union and JR East struck an agreement to settle 61 related to discrimination against union members employed by JR. Kokuro agreed to withdraw the labor commission cases, and JR East agreed to pay compensation. This was considered to be a major step forward in reconciling Kokuro to JR.
117:
time bomb and by noon 48 people were arrested, including leaders of the Middle Core
Faction. Representatives of the larger Kokuro and Zendoro unions representing JNR workers condemned the "anti-social" attacks and apologized to commuters. According to sources inside the labor movement, Doro-Chiba was controlled by the Middle Core Faction.
242:
The first petty bench of the
Supreme Court gave a split decision. Presiding Justice Takehisa Fukazawa and Justice Niro Shimada said the JR firms bear this responsibility as employers and said the case should be sent back to the Tokyo High Court. However, the three other justices disagreed and stated
167:
Around 7,600 workers were transferred in this way, and around 2,000 of them were hired by JR firms, and 3,000 found work elsewhere. Mitomu
Yamaguchi, a former JNR employee from Tosu in Saga prefecture who had been transferred to the JNR Settlement Corporation, later stated that their help in finding
116:
in Tokyo around 7 a.m. by masked figures wearing helmets and throwing firebombs. No injuries were reported. Police raided offices of the Middle Core
Faction and Doro-Chiba, and damage to bullet trail lines near Hiroshima that delayed trains between Tokyo and Kyushu appeared to have been caused by a
389:
Pursuant to
Paragraph 1 of the settlement, Kokuro and Kenkoro (Zendoro) dropped all its lawsuits, including unfair labor practice litigation not directly related to the firing of the 1,047 workers. Pursuant to Paragraph 2 of the settlement, Kokuro and Kenkoro did not file any unfair labor practice
227:
over the 1987 Labor
Relations Commission ruling that the JR group was responsible for the non-hiring and that unfair labor practices had been committed. On May 28, 1998, rulings were handed down. In the case bought by the Honshu carriers, presiding Judge Saburo Takase said that while JR companies
99:
staged a 24-hour strike on
November 28, 1985, to protest against the plans to privatize JNR and lay off workers. The government strongly condemned the strike, as government workers in Japan are forbidden to strike. In addition there were a number of acts of sabotage and vandalism that stranded 10
349:
An attached document described the dismissal of the 1047 former JNR workers as "an unfair labor practice on an unprecedented scale." The proposed settlement package included a ¥28 billion financial component, and a request for the JR companies to hire around 230 former JNR workers aged up to 55.
401:
is a union which in 1979 split off from Doro (the
National Railway Motor Power Union). Doro merged with Tetsuro, a company union which had split off from Kokuro decades ago, and formed JR-Soren (Japan Confederation of Railway Workers' Unions—JRU) and actively promoted the privatization of JNR.
368:
finalized plans for a settlement. The JR group companies were reluctant to rehire the workers, so that part of the settlement was abandoned. The political parties had proposed ¥24 million yen per worker, the government had proposed ¥20 million. The figure was settled at ¥22 million. The total
299:, the trade union confederation that Kokuro belongs to. In January 2001, Kokuro voted to accept the plan, but there were various factions within the union with different viewpoints. In 2002, with the ruling block threatening to withdraw the deal, Kokuro voted again to withdraw their lawsuits.
258:
On
December 5, 2006, at the Tokyo District Court, more than 500 Kokuro members, the union itself, and relatives of workers who died since the privatization planned to launch a 30 million yen damages lawsuit over the refusal to rehire the workers, making a total of 540 plaintiffs suing the
369:
settlement amount was reduced to ¥20 billion, to be divided into payments of ¥22 million each for 910 households of "reconciliation money," making a total of ¥14.2 billion. Kokuro and other bodies were to receive ¥5.8 billion to be used to help the former workers find work.
157:). There was substantial pressure on union members to leave their unions, and within a year, Kokuro's membership fell from 200,000 to 44,000. Workers who had supported the privatization, or those who left Kokuro, were hired at substantially higher rates than Kokuro members.
171:
This period ended in April 1990, and 1,047 were dismissed. This included 64 Zendoro members and 966 Kokuro members. There were also 12 Doro-Chiba members who were not hired by the new companies, the reason given being that they had participated in the
November 1985 strike.
266:
On March 13, 2008, the Tokyo District Court turned down a case filed by 32 union members and three relatives of a deceased member which had been filed in November 2004. Judge Shigeru Nakanishi said the statute of limitations had expired, regardless of whether or not
1017:
Don't put off the fire of the struggle of 1,047 dismissed national railway workers! The Struggle against the Division and Privatization of National Railway is not yet finished. Doro-Chiba's opinion on the “Reconciliation Plan of the 1,047 workers’ issue” April 9,
402:
Doro-Chiba had nine members who were not employed by JR after the privatization in 1987 and the union refused to accept the 2010 settlement. The union vowed to continue the struggle against the dismissals and against the privatization of JNR.
291:) suggested a compromise where the lawsuits would be dropped in return for urging the JR groups to rehire the workers in return for Kokuro acknowledging that JR had no responsibility for originally failing to employ them. The opposition
109:
246:
In another case, of 283 plaintiffs in September 2005, the Tokyo District Court ruled that JNR had discriminated against union employees when recruiting for positions at the new JR companies. It was the first time a court had recognized
231:
Presiding Judge Yasushige Hagio, ruling on the Hokkaido and Kyushu carriers' case, said that the JR Group companies were not responsible for personnel decisions following the JNR privatization, so he nullified the commission's order.
36:(Kokuro), and two decades of lawsuits followed. The dispute was eventually settled in June 2010 for 20 billion yen (approximately US$ 225,155,500), or about 22 million yen (approximately US$ 250,000) per worker for 904 plaintiffs.
100:
million commuters in Tokyo and 200,000 in Osaka. The 24-hour strike caused 135 trains between Tokyo and Chiba prefecture to be cancelled, and JNR's management decided to fire more than 100 workers for staging the illegal walkout.
120:
Doro-Chiba Union Chairman Hiroshi Nakano later issued a statement saying that: "The attacks have nothing to do with the union." Of the 48 suspects arrested, 46 were from the Middle Core Faction and two were from the
112:, who claimed responsibility and said their actions were to support Doro-Chiba's strike. Communications lines were cut, fires were set at 27 locations in seven prefectures, and heavy damage was done to
150:
255:
should pay ¥5 million to each of the plaintiffs. Despite ruling that they had been discriminated against, he didn't order their re-hiring, stating that "There were reasonable causes for dismissal."
302:
In November 2002, the three ruling parties withdrew from the agreement. Kokuro had agreed to it but did not expel members who refused to accept it and had launched a separate lawsuit against the
587:
535:
383:
260:
252:
239:
rejected an appeal requesting that the former JNR employees in the labor unions that opposed the JNR privatization in 1987 be hired by the private Japan Railway companies that succeeded JNR.
386:. The agency said it would pay 20 billion yen, approximately 22 million yen per worker, to 904 plaintiffs. However, as the workers were not reinstated, it was not a full settlement.
160:
There was a government pledge that no one would be "Thrown out onto the street", so unhired workers were classified as "needing to be employed" and were transferred to the
133:
JNR unions were opposed to the privatization, and when it occurred, around 7,600 workers were not rehired by the privatized companies. Many of these were members of the
142:
718:
Statement on the legal settlement of 23 year lawsuit over Japan Railway Company's discrimination in employment against members of particular unions June 29, 2010
458:
Statement on the legal settlement of 23 year lawsuit over Japan Railway Company’s discrimination in employment against members of particular unions June 29, 2010
204:
A group of 23 petitions filed after 1991 alleged that 1,800 union members in six prefectures had been discriminated against in violation of article seven of the
251:
by the now-defunct JNR or its affiliates and ordered compensation over the JR firms' refusal to hire JNR employees. Presiding judge Koichi Nanba ruled that the
496:
84:(Doro), which had split off from Kokuro in 1951, had 38,000 members. Zendoro, which had been expelled from Doro in 1974, had 3,000 members.
296:
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60:
decided to privatize the organization. Around this time other government bodies were also either wholly or partially privatized, such as
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In addition to the Doro-Chiba strike, a substantial amount of sabotage was done by the then-1,300 member strong radical leftist group
77:
33:
223:
The post-privatization dismissals resulted in a number of lawsuits. In 1994 and 1995, six JR Group companies brought lawsuits in the
315:
76:
The 326,000 workforce of JNR was highly unionized, with workers represented by a number of unions. By far the largest union was the
1080:
362:
280:
193:
had to either rehire or compensate workers who were not hired when JNR was privatized. The Labor Commission ruled that it was an
53:
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23 years after the original privatization, on June 28, 2010, the Supreme Court settled the dispute between the workers and the
335:
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functioned as an intermediary between the union and the ruling parties. the Social Democratic Party is affiliated to the
1055:
197:
as the members of Kokuro had been targeted, and anti-union discrimination is illegal under article seven of Japan's
303:
161:
21:
331:
346:
drafted a settlement package. In the settlement plan the former JR workers were to receive ¥29.5 million each.
52:, organized as a public corporation in 1949, had become unprofitable over subsequent decades. In the 1980s the
562:
Rail attack shakes Japan unions. Sabotage by extremists within ranks puts unions on the spot December 2, 1985
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had occurred. He did not state an opinion on whether or not such discrimination had occurred.
57:
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243:
that JR bore no responsibility for any unfair labor practices that may have been committed.
1004:
Millions Stalled as Japanese Radicals Sabotage Government-Owned Rail Lines November 29 1985
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ILO Recommendation concerning the Hiring of Former JNR Workers Vol.40-No.2 February 1, 2001
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201:. It also ruled that the JR Group companies, not the defunct JNR, were responsible.
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work consisted of giving him photocopies of recruitment ads from newspapers.
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Two Railway Employees Among 48 Arrested on Sabotage Charges December 5, 1985
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Two Railway Employees Among 48 Arrested on Sabotage Charges December 5, 1985
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Two Railway Employees Among 48 Arrested on Sabotage Charges December 5, 1985
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991:
2012 Annual Survey of Violations of Trade Union Rights - Japan, 6 June 2012
549:
Millions Stalled as Japanese Radicals Sabotage Government-Owned Rail Lines
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The Central Labor Relations Commission appealed and in December 2003, the
190:
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145:(Zendoro), now affiliated to the National Confederation of Trade Unions (
483:
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Kokuro threatens lawsuit over JNR privatization row November 30, 2006
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Kokuro threatens lawsuit over JNR privatization row November 30, 2006
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Kokuro threatens lawsuit over JNR privatization row November 30, 2006
627:
Kokuro threatens lawsuit over JNR privatization row November 30, 2006
926:
900 axed JNR unionists may get ¥29.5 million each February 25, 2010
861:
JNR unionists' suit over lost jobs foiled by statute March 14, 2008
679:
JNR unionists' suit over lost jobs foiled by statute March 14, 2008
822:
Damages awarded over nonhiring of JNR unionists September 16, 2005
757:
JR East settles Kokuro wage discrimination row November 9, 2005
731:
Japanese labor movement and Doro-Chiba's Struggle July 14, 2003
49:
939:'Unfair' '87 dismissal of JNR unionists slammed March 4, 2010
913:'Unfair' '87 dismissal of JNR unionists slammed March 4, 2010
653:'Unfair' '87 dismissal of JNR unionists slammed March 4, 2010
211:
From 1987 to 2006, Kokuro filed 340 complaints with various
151:
All Japan Construction, Transport and General Workers' Union
874:
Kokuro to drop lawsuits against Japan Railways May 28, 2002
384:
Japan Railway Construction, Transport and Technology Agency
261:
Japan Railway Construction, Transport and Technology Agency
253:
Japan Railway Construction, Transport and Technology Agency
887:
Ruling parties to pull out of JNR accord November 30, 2002
176:
Legal, administrative, and political campaign for rehiring
952:
Ministers mull settlement for JNR unionists April 7, 2010
705:
Top court settles 23-year JNR unionist suit June 29, 2010
432:
Top court settles 23-year JNR unionist suit June 29, 2010
978:
EDITORIAL: Justice for former JNR workers April 15, 2010
809:
Top court rules against ex-JNR workers December 23, 2003
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Top court rules against ex-JNR workers December 23, 2003
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Top court rules against ex-JNR workers December 23, 2003
640:
Top court rules against ex-JNR workers December 23, 2003
614:
Japan radicals jam radios in rail attack December 2 1985
88:, which broke off from Doro in 1979, had 1,100 members.
164:, where they could be assigned for up to three years.
20:
is a lawsuit that resulted from the privatization of
770:
JR East, Kokuro strike blanket deal October 30, 2006
279:
In 2000, the ruling political bloc at the time (the
965:
Axed JNR ranks OK ¥22 million apiece April 10, 2010
357:, announced that he and then-deputy prime minister
898:The Japan Institute for Labor Policy and Training
32:workers were laid off, 966 of whom were from the
588:Paralyzes Tokyo Rail Network. November 29, 1985
783:Court nullifies JR rehiring order May 28, 1998
744:Court nullifies JR rehiring order May 28, 1998
536:Paralyzes Tokyo Rail Network. November 29 1985
419:Court nullifies JR rehiring order May 28, 1998
334:, the government coalition including the DPJ,
104:Middle Core Faction November 28, 1985 sabotage
24:(JNR) in 1987, and its breakup into the seven
8:
143:National Railway Locomotive Engineers' Union
125:. Two of the suspects were later released.
314:Kokuro and Zendoro bought the case to the
410:
393:
353:In April 2010, then-transport minister
297:National Trade Union Council (Zenrokyo)
28:companies. In March 1990, 1,047 mostly
310:International Labour Organization view
445:Privatization and Beyond: The JR Case
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394:Doro-Chiba's rejection of settlement
275:First attempted political settlement
443:Japan Railway and Transport Review
82:National Railway Motive Power Union
187:Central Labor Relations Commission
14:
316:International Labour Organization
137:(Kokuro), now affiliated to the
80:(Kokuro), with 200,000 members.
135:National Railway Workers' Union
123:National Railway Workers' Union
78:National Railway Workers' Union
34:National Railway Workers' Union
497:Japan: Paralysis on the Tracks
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56:government of prime minister
733:Retrieved on August 15, 2012
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499:Retrieved August 15, 2012.
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460:Retrieved on July 25, 2012
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342:plus the opposition party
322:Towards a final settlement
304:JNR Settlement Corporation
162:JNR Settlement Corporation
22:Japanese National Railways
599:Associated Press website
586:Associated Press website
534:Associated Press website
521:Associated Press website
508:Associated Press website
332:Democratic Party of Japan
281:Liberal Democratic Party
189:in Tokyo ruled that the
92:November 28, 1985 strike
54:Liberal Democratic Party
1081:Labor disputes in Japan
363:Chief Cabinet Secretary
336:Social Democratic Party
293:Social Democratic Party
206:Trade Union Act of 1949
45:Plans for privatization
1086:Rail transport strikes
1076:Privatization in Japan
612:The Houston Chronicle
469:Japan Tobacco website
289:New Conservative Party
287:, and the now-defunct
269:unfair labor practices
249:unfair labor practices
181:Labor Commission cases
328:2009 election victory
195:Unfair Labor Practice
155:Kenkoro-Tetsudo Honbu
18:JNR dismissal lawsuit
390:lawsuit thereafter.
225:Tokyo District Court
141:(Zenrokyo), and the
114:Asakusabashi Station
26:Japan Railways Group
1056:Japanese labour law
1015:Doro-Chiba website
729:Doro-Chiba website
110:Middle Core Faction
378:Settlement details
716:Zenroren website
575:November 30, 1985
456:Zenroren website
306:in January 2002.
149:) as part of the
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