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Volume
8 Number 2 Autumn 2002
Table
of Contents
Editor's
Note
General
Union Smashes Nishinomiya Board of Education Contract Limits
Update
to the Kumamoto Kenritsudai Case by Farrell Cleary
The
EWA Otemae Case by Michael "Rube " Redfield
Update
to the Kansai University Labor Dispute and Prosecution
by David P. Agnew
Editor's
Note
Welcome
to the latest issue of the PALE Journal of Professional Issues. This is
the second issue since the revamping of the site and we
hope readers have found it easier to navigate. Comments and suggestions
most welcome, please email us.
In
this issue, we start with good news on the term-limit front. The General
Union's struggle with the Nishinomiya Board of Education
(NBE) over arbitrary term limits is introduced. We then revisit the Prefectural
University of Kumamoto (PUK) case with an update provided by Farrell
Cleary. Following
this is a case well known in union circles but new to this journal,
The
EWA Otemae Case by Michael "Rube" Redfield, which illustrates
the power and place of unionism at colleges and universities. We end
with
an update to the Kansai University case by David P. Agnew and an important
development stemming from another EWA case that will impact labor relations
throughout the country. Background on most of these cases is, as always,
in our archive.
David
P. Agnew
PALE Journal Editor
General
Union Smashes Nishinomiya Board of Education Contract Limit
Courtesy the General Union
This
is a reproduction of an article originally published in The National Union
"Voice," Vol. 1, No. 6, October, 2002.
On
October 15, the General Union received a simple document bearing the seal
of the Nishinomiya Board of Education (NBE) stating that the five year
contract limits imposed on foreign teachers working at the board would
be lifted. Up to now, teachers employed by the board would only be allowed
four contract renewals, but with our new agreement, the contract renewal
limits are gone.
Sound simple? It was and it wasn't. It wasn't simple because it took the
courage of the teachers involved to stand up and say that they wouldn't
tolerate discriminatory limits on their employment terms any longer. The
union members' thinking was reasonable; why should they lose their jobs
once they're getting good at it, due to a unilateral policy which had
no logic to it, especially in terms of quality of education. The General
Union was preparing for a long fight over this issue, similar to the struggle
over contract limits at the Higashi Osaka Board of Education from 1997
to 2000 (Lessons of Our Past below).
The NBE must also have been aware of our battle in Higashi Osaka and probably
weren't prepared to have a similar problem at their school board. It was
simple because the board had only a guideline on this issue, not a formal
policy. Teachers were simply told that their employment would terminate
after five years.
Once we found out that it wasn't the board's formal policy we knew that
it could be changed without much of a fight, unless they made it a formal
policy, which they never did. NBE foreign teachers will be informed formally
on November 1st, in writing, stating that the policy in force up till
now regarding contract renewals has been withdrawn.
Teachers were simply told that their employment would terminate after
five years.
Nishinomiya teachers will now be able to work on improving their working
conditions and their workplaces through union activity without having
the five year limits hanging over their heads. The union now needs to
use the victory at the NBE to win the withdrawal of contract limits at
other workplaces, especially Kwansei Gakuin University, where we have
a strong branch, which is also located in Nishinomiya. If you are having
a similar problem with contract limits, and think that there is no way
to deal with the problem, maybe you should think again.
Lessons
from Our Past
Higashi Osaka Board of Education 1996-2000
On March 4, 1996, the Higashi Osaka Board of Education decided to introduce
three-year contract limits for native English teachers. The teachers'
first reaction was disbelief, since nobody could see any reasons for it.
The board had been touting this program as a model and there was talk
of other cities doing the same thing. It made no sense to turn out the
most experienced teachers after three years. The teachers felt that their
worth was not being recognized by bureaucrats who were not involved in
the day-to-day process of education.
A General Union branch was declared one week after the announcement of
the contract limits. Some teachers didn't join, mainly those who were
planning to leave and didn't care. However, a few veteran teachers who
were already planning to leave joined the union because the contract limits
were wrong.
Two
teachers went on hunger strike on March 15, 1999.
The demands included a pay rise and a teacher-training programme but may
the focus should have stayed more strongly on ending the contract limits
to make things less complicated. The demand for a training program was
a good one because it showed teachers wanted to be good teachers.
Originally the Board of Education rejected arbitration by the Osaka Labour
Commission, but later accepted it. The agreement that was reached was
that the teachers who were currently employed would be taken on for two
more years, and that this was a temporary measure which would be negotiated
again in the future. At some negotiations the board seemed to want to
settle the problem, but other times their attitude was, "No. No.
No." Maybe they hoped teachers would give up and go. Throughout the
dispute many demonstrations and leafletings were staged, including the
use of a loudspeaker truck at the Board of Education.
Originally the Board of Education rejected arbitration by the Osaka
Labour Commission, but later accepted it.
The mayor of Higashi Osaka was forced to resign in 1998 because of pension
fraud. During the subsequent mayoral election the union approached the
candidates, but only one, Mr. Nagao, was sympathetic and offered to meet
the union whether he won or not. He ended up winning, but when he met
with the teachers he said he would tell the board to negotiate but wouldn't
interfere with their jobs.
Two teachers went on hunger strike on March 15, 1999. We called it off
on doctor's advice after only two and a half days. We didn't receive as
much publicity as we expected.
"If
you think you're right, fight for it, and never give up."
March 31 was the last day of one of the member's contract, but it was
also the day that the superintendent of education was notified that his
contract would not be renewed. There were rumours that he had tried to
bribe the mayor into renewing his contract.
The members all fought hard, but in March 2000 it was accepted that our
dispute was lost.
We must learn from both our successes and our failures, but if you think
you're right, fight for it, and never give up. What happened at Higashi
Osaka may mean that other education authorities won't want to go through
the same thing. They know what we're capable of.
The
General Union is active in many centres in Japan and can be reached
at www.generalunion.org
TOP
Hostile
Verdict for Prefectural University of Kumamoto Teachers
by Farrell Cleary
On
October 31, 2002, the Kumamoto District Court gave its decision in the
suit for unfair dismissal brought by two teachers at the Prefectural University
of Kumamoto.(1) The dismissal of the two teachers followed a seven year
campaign by the two women and other foreign teachers at the PUK against
a discriminatory, nationality-based employment system. One of the two
plaintiffs, Dr. Cynthia Worthington, was in court to hear the judges dismiss
the suit which she and Ms. Sandra Mitchell had brought in July 2000. In
the words of the local newspaper, the Kumamoto NichiNichi Shinbun, in
its report the following day, the court had "left the suitors at
the gate", dismissing their arguments completely.

A negative verdict was always a probability. Dr. Worthington and Ms. Mitchell
were public servants. According to the lawyers who had been acting for
the plaintiffs and other foreign teachers at the PUK, no public servant
has ever won a case for unfair dismissal in the history of post-war Japan.
The teachers and their supporters had hoped though that the special features
of the case would ensure that the court gave it a proper hearing and that
there would be some comfort even in a negative decision. Accordingly,
in spite of the negative verdict, it was with intense interest then that
Dr. Worthington, other foreign teachers at the PUK, and members of the
support group, gathered in the offices of lawyer Mr. Matsuno, to hear
a reading of the verdict, along with a simultaneous English translation
provided by Aya Chinen. At the end of the reading, there was only the
cold comfort of knowing that the judgement was so bad that it could not
be left unchallenged.
The three judges (Matsumoto, Horibe and Kubushiro) found that there had
been no unfair dismissal because the teachers knew that their employment
was for one year terms of appointment as "part-time special employees"
and that they therefore could not complain when their appointments were
not renewed. Because they were public servants and had been appointed,
the judges found they could not acquire the right to continued employment
through a number of renewals of contract as workers in the private sector
might do. (However, as Gwen Gallagher, who was dismissed from a private
sector university after a number of renewals, has found to her cost, being
able to make the argument, by no means ensures that judges will listen
to it.)
The decision
whether to renew appointments was at the discretion of the university.
The court discounted the evidence that the plaintiffs, along with other
one-year foreign teachers, had believed that they had been promised regular
employment in documents they had signed before starting work at the new
university in 1994. Although the documents, in which the teachers accepted
regular employment and faculty affiliation, had been addressed to the
Governor of Kumamoto, the court echoed the prefecture's argument that
the documents signed were not relevant to employment and were exclusively
involved with the accreditation of the new university and faculty with
the Ministry. There was no recognition that these documents were at the
very least misleading, nor any hint of judicial reproach for what the
Ministry had seen as contradictory documents. There was no recognition
of the invidious position of the teachers who were asked to sign documents
clearly contradicting documents they had already signed months before.
The court was equally dismissive of the plaintiffs' arguments that the
employment of the foreign teachers on "one year, irregular part-time"
contracts was discriminatory as only the foreign teachers at the university
were given such appointments. Once more, the court merely repeated the
defence argument that the fact that Japanese administrative assistants
were employed on similar contracts showed that it was not discriminatory.
The university argument had appeared weak to the point of being ludicrous
when it had been advanced, first by administrators and later by the Prefecture's
lawyer. The fact that the judges repeated it without consideration is
a sad commentary on the quality of judicial reasoning.
The court chose to ignore persuasive evidence of the university's capacity
to discriminate against teachers on the basis of nationality, namely the
fact that the university, at the time of the court's decision, was still
applying three-year term limits to those of its regular teaching staff
who happened not to be Japanese nationals, while none of its Japanese
staff had such limits.
The above findings would have been enough to justify dismissing the case.
The judges went even further. They accepted the arguments of the university
that the teachers had been "not renewed" because of the "Review
of Foreign Language Education" which President Teshima ordered in
1998, before the six "Foreign Teachers" were given notice in
October of that year. The judges ignored the evidence that the President
had given different reasons when he announced the dismissal of the teachers
in October, 1998. At the time, committee charged with the review of English
education had still not completed its deliberations, and the President
knew that he could not use it to justify dismissal. Instead, he based
his decision to abolish the six remaining one-year posts and replace them
with a "few" regular posts on problems with the employment system,
problems which had nothing to do with the issues being considered in the
review of English education. When approached by a journalist at home after
announcing his decision, the President was candid and mentioned the teachers'
strike and the "confusion" this had caused in the university.
The judges found it easier to ignore this than to deal with it. They likewise
ignored the evidence of the confusion that followed the dismissal of the
teachers: the university had been unable to find suitable part-time replacements
for the dismissed teachers and, in desperation with the prospect of classes
without teachers looming, employed a physiotherapist with no professional
experience in the field to teach a full-time load of no less that six
English courses during the 2000-2001 academic year.
Ironically, the judgement did not merely parrot the case of the university.
It actually went further and dismissed even those of the plaintiffs' arguments
which the university and prefecture had conceded over the years. While
the prefecture had accepted that the teachers had been covered to some
extent by the Labour Laws and the Trade Union Laws, the court would not
concede even that. In other words, the right to form a union and the consequent
right to strike was not endorsed by the judgement. The implications of
this will not be lost on the millions of Japanese public employees on
similar contracts, who have believed that they had the same labour law
rights which were conceded by the prefecture to the foreign teachers.
Unfortunately, the zeitgeist appears to moving away from employee rights.
While there appears to be a growing recognition of the concept of human
rights by Japanese judges, where this concept clashes with the discretion
of employers to hire and fire at will, there seems little doubt that the
will be given priority.
The
dismissed teachers, lawyers, union officials and supporters have all agreed
with the decision to appeal against the decision. Politically though,
there appears little prospect that the Prefecture will soften its obdurate
stance to the two teachers. In her first public comment on the case, the
first woman governor of Kumamoto Prefecture, expressed satisfaction that
the verdict had vindicated official actions (Kumamoto NichiNichi Shinbun,
1 Nov. 2002). In the long run however, the verdict and the policies of
the Prefectural University will continue to harm Kumamoto and Japan's
reputation throughout the educational and legal worlds.
1. The full
Japanese text of the judgement can be found at:
http://www2.kumagaku.ac.jp/teacher/~masden/mamorukai/english/index.html
Farrell
Cleary
taught at the PUK for eight years and at its predecessor, Kumamoto Women's
University, for three years. He is at present in New Zealand pursuing
his interest in postcolonial culture and learning Maori.
TOP
The
EWA Otemae Case
by Michael "Rube" Redfield
(I took no
notes during the time this case unfolded, and so am not sure about the
accuracy of the dates. The facts, however, are as I state them). 9/16/02
Introduction
I
am writing this narrative in the hopes that it contains certain applicable
lessons for those with contract problems in Japanese academia. I detail
the actions of a union, an academic institution, and some of the people
in it. The names have not be changed, because the innocent require no
special protection. Although this is the story of a single, particular
case, I hope the lessons drawn from it will be helpful to others.
The beginning
In
the fall of 1988, I got a call from my friend and colleague, Professor
Otsugi of Baika Women's College. Otsugi had introduced me to all of my
current EFL jobs. He explained that Otemae Junior College was in a bind,
and needed my help. They were all set to begin a new secretarial faculty,
but needed someone with Ministry of Education recognition to fill the
final, part-time, slot in their faculty. Three foreign candidates had
already been rejected. The new facilities were already built, the other
teaching faculty lined up, the curriculum approved, entrance exam dates
set and the suisen (recommendation system) in place, but Otemae could
not go ahead without filling the final slot with a qualified person. (In
those days faculty at new departments, faculties, schools, etc. were strictly
scrutinized by the Ministry of Education, which at this writing is no
longer the case).
Knowing
that I was on the Ministry's 'approved list,' Otsugi, who had gotten his
academic start at Otemae, asked me to please help out by teaching two
sections of 'Japanese-American Business Communication.' I agreed, on the
condition that the classes be held on Saturday mornings, the only time
I had available. A Mr. Kuroda, from the Otemae Women's College English
department (Otemae is a 'Mom and Pop' institution, consisting of two colleges
and currently one semmon gakko, owned and operated by the Fukui Family),
called soon after to thank me, and to further inform me that they only
thing I really needed to do was to fill out the forms. As a busy academic,
I would not actually be required to teach the classes. They needed my
Ministry of Education recognition, and were offering to pay me for them,
without requiring that I actually show up for work!
Since
I live near the Otemae Itami campus, work in the neighborhood Saturday
afternoons (developing teaching materials for children), and actually
enjoy teaching EFL, I took the job, informing Mr. Kuroda (since deceased)
that I would indeed be showing up for classes. He promptly offered me
a third class, teaching 'conversation' to, as it turned out, a class of
over one hundred.
I
began work the following spring, and everything was great. Mine were the
only classes scheduled on Saturdays at first, and so I soon got to know
the skeleton staff on duty those days, Otemae grads and a couple of old
coots who only seemed to read the sports newspapers and watch the horse
races on the office TV. We got along great, and the staff was always receptive
to suggestions and requests that I may have had. I was even invited to
several formal staff parties and dinners. Although Otemae later changed
curriculum and eliminated my third class, my first ten years or so at
the school was a very positive experience. That all changed in the late
1990s.
My
colleague from Osaka University of Economics, Dave Bunday, worked at Otemae
Women's College, in Nishinomiya. He came to me at OUE one day in 1997
and explained how Otemae were making large changes at the women's college,
and how at least twenty part-time instructors were being terminated. Dave
found this outrageous, and had formed an Education Workers and Amalgamated
Union Osaka (EWA)
branch at the Nishinomiya campus. Otemae countered by hiring expensive
romuya (union busters). We exchanged notes (nothing so far had happened
at my Itami branch) and agreed to keep in touch. Initially, Otemae would
not budge, insisting that all instructors were on one-year contracts,
and offered nothing. Because of the excellent contacts I had developed
at the Itami branch, I was able to feed Dave and the EWA vital information
on the state of the case from the Otemae viewpoint. After a struggle of
almost one year, Otemae agreed to pay the dismissed EWA members (three
out of the twenty instructors fired) their entire salaries for the year
in dispute, and the equivalent of one year's additional salary as severance
pay. End of dispute, I mistakenly assumed.
Lies
In
the fall of '99 (I believe), I was called into a small conference room
by Mr. Hasegawa, one of the major deans at the school, and the number
two ranking officer at the junior college. He was very cordial, as opposed
to the Otemae people in the original case (according to Bunday, they were
invariably rude, overbearing, and verbally abusive). He simply said that
enrollments were going to be down, and that changes had to be made. One
of these changes would be no more part-time instructors. According to
Ichiro, only tenured instructors and office staff would be teaching in
the future.
Because
of my contacts in the office, I knew both of these claims to be false.
Otemae relies heavily on the suisen system, which in the past had accounted
for over 80% of enrollment. Future enrollment was insured, at least for
the next year. In fact, the school ended up over enrolled, with nearly
twice as many students as they were allotted for by the ministry. And
Hasegawa's son was already penciled in the faculty roll as a part-time
Spanish instructor!
Naturally,
I rejected resigning, and informed Otemae of my EWA affiliation. The meeting
ended with smiles and handshakes all around. We agreed to let the EWA
(in the form of Mr. Neo Yamashita) and Otemae (who brought in a retired
dean of the Doshisha Law Faculty) work things out. I went on teaching
Saturdays and things went smoothly until six weeks later that fall.
Intimidation
With
no formal notice, I was called into the conference room after class late
in the fall for a meeting with three Otemae administrators, to discuss
charges of sexual harassment. Luckily, my contacts in the office, who
were outraged by the whole affair, had emailed me in advance, so I was
well prepared. The long and the short of it was, one student, accompanied
by her mother, had gone to complain about me, for verbally abusing her
about her expensive brand name bag. She was new to the class, and didn't
know the routine. Otemae seized on this, and Mr. Yoshida of Student Affairs
interviewed each member of the class. He also interviewed the student
in question, twice. She had only gone to class once, so I don't even remember
her, but regardless of her attendance, she proved to be a stand up girl.
Yoshida wanted her to accuse me of sexual harassment, but she refused.
She didn't owe me anything, but I guess she didn't owe Otemae anything
either. Anyway, she was honest and refused to sign anything.
Otemae
apparently thought that even the threat of charges of sexual harassment
would be enough to cause me to resign. They must have hoped that the charges
would come as a surprise and that I would give up on the spot. They even
had their institution lawyer hiding (and listening in) from the adjacent
room. Their biggest mistake was holding all the student interviews in
the main office, in front of all the staff. Everyone could hear exactly
what was going on, and let me know of the frame up well ahead of time.
Still they had a long, detailed set of charges they wanted to quiz me
on, drawn up and distributed among the three of them (I did not get a
copy). Basically, I refused to talk to them, on the grounds that they
were not classroom teachers and therefore not qualified to interpret classroom
events. Since none of the students, who I met every week in class (and
who found my accounts of the episode in the conference room hilarious)
implicated me in sexual harassment, and the student in question had publicly
denied it in front of the office staff, I figured I was in the clear.
Neo said that he laughed at Otemae when they called him later to get my
resignation in exchange for dropping the sexual harassment charges. Their
guy then laughed, too.
The strike
Come
January we were still at an impasse. EWA passed a strike motion for the
25th. I personally recruited a large number of educators to be at the
strike, and of course EWA would get many more, along with their sound
truck. I was at EWA headquarters when we got the call the night before.
Otemae agreed not to fire me, promising me my same schedule for the next
year. We therefore called off the strike. In this case, the threat of
a strike, not the actual strike itself, was enough to cause capitulation.
The waiting
game
I
had finished my classes and turned in my grades by the time Otemae apparently
threw in the towel. I waited all spring, however, for Otemae to send me
the materials necessary to begin the next term. I need to make a book
order, write course descriptions, etc. Neo could get nothing from them
either, despite the fact that we were all seemingly in agreement. He was
not worried, however, because he had the verbal agreement of the ex-Doshisha
dean, a lawyer, and lawyers apparently do not lie about stuff like this
in Japan. (In fact, the EWA relied on the Doshisha dean throughout the
case, mainly because he was an honorable man and would not let Otemae
get away with whatever they wanted).
By
early April my patience had run out, and so I paid a visit to Otemae.
They were in a panic, but finally Mrs. Fukui, wife of the school president,
and Mr. Nagai, bagman (kabanmochi) to the president, agreed to meet with
me. The office had been redecorated, and so I was lead to a new partition,
open on the top to the rest of the office (where everyone was listening).
I of course asked for the my schedule, anxious to get to work. Fukui and
Nagai admitted that they had not included me among the teaching staff
for the coming year (something I already knew) but asked me to work as
a 'research professor,' with no hours, duties, or obligations. I accepted.
It was as Neo had predicted. Otemae was going to pay me for not even showing
up.
More
shenanigans
When
I was teaching at Otemae, I would get a formal pay slip in the mail from
the school every month. But now that I was a research professor, things
had somehow changed. April went by with nothing from the school. I called
Neo, and he looked into it. Somehow Otemae had neglected to pay me for
April, but promised to pay two-months salary the next time around. The
next month came and went, and still nothing. My informant in the office
swore that Otemae was paying, so I went to the bank to check. Yes, there
was two-months worth of salary paid into my account (which I only use
for Otemae) but it did not come in as salary, and no taxes had been taken
out.
The
next Saturday, I went in to check. Saturdays are best for this, since
there is only a skeleton staff there, and no muckitymucks. The only person
in accounting was a low level guy (also a Fukui Family member, but then
they all were). He didn't know what was going on, but he showed me books,
and there it was, payment from Otemae to me, labeled 'union payoff.'
I
guess the poor guy got into a bit of trouble for showing me the books,
but Neo got everything settled right away after that, and I was once again
getting regular salary pay slips.
Research
professor
I
didn't hear anything else whatsoever from Otemae the rest of that year,
so I decided to show them how much work I had done for them. I sent the
college president an e-mail, with a list of all the papers I had written
for the past year (fifteen, but I included three from the year before),
and all the presentations (five, including one overseas). I signed it
'Otemae Research Professor.' A couple of weeks later, I came home to a
registered letter from the president's mother, Director of the Board of
Regents (and owner of the school). She informed me that I was merely a
part-time lecturer, and was never to refer to myself as an Otemae Research
Professor again. She signed it with a strong 'chui.' Mrs. Fukui Sr. had
never answered any of my other letters, but I guess she felt pretty strongly
about me taking the title her daughter-in-law and her personal bagman
had offered me.
The final
scene
In
April of 2001, my second year as research professor, I met with Mrs. Fukui
Jr. and Mr. Nagai for the final time. They had called me earlier to find
out when I could come in and meet them. It was a late Monday afternoon,
after I had finished four classes elsewhere. When I got to the school,
the office was closed, and there were guards out. Otemae had never had
security before. I found out later that they had shut the office at three,
sent everybody home, and contracted with a security firm for guards for
the entire day, just for me. Can never be too sure how a non-Japanese
might act when you try to fool him on your home turf.
Mrs. Fukui met me at the door, and tried to stir me to a back hall conference
room, but I brushed past her, intent not on mayhem, but simply on greeting
the staff. She went into full panic mode, but recovered when she realized
that most of the staff had already been sent home. Anyway, we went to
a conference room, where I was presented with a contract to sign. Told
it was a mere formality, I said that I couldn't sign what I didn't understand,
and would bring it home. They wanted me to sign that day, as it was of
extreme importance (to them). When I politely refused, they got out a
stamp to attach to the envelope (I guess they figured they would save
the price of a stamp if I signed as initially expected), and said to have
my wife look it over before signing and returning it as soon as possible.
When I said I would have my union lawyer look it over instead, they knew
the game was over.
The contract basically said that I would be employed for one more year
maximum, and would then be terminated. There was also a list of eight
conditions for termination before the end of the year. I guess they figured
on paying me nothing. After all, look at how much money they had already
spent on the stamp, the guards, and the ex-Doshisha Dean. At any rate,
I didn't sign, and had no more contact with Otemae. They had their big
50th (or something) anniversary parties (two of them), inviting everyone
who had ever taught at Otemae, plus a number of luminaries, but not me.
But I was still being paid.
To cut this short, Otemae fired me in January 2002 and replaced me with
contract 'teachers' from the commercial language school, ECC (which was
the whole plan from the beginning). I refused to be fired, we went through
this whole legal kabuki, and it finally got down to money. Neo advised
that if we went to court we might not win, since by that time my original
faculty no longer existed. We decided to settle, which Otemae wanted all
along. They offered 1,500,000 Yen initially, 1,000,000 Yen to the union
(for decertifying Otemae, even though I was the only union member) and
500,000 Yen to me. When I told Neo that we were unionists, not merchants,
he asked me what I wanted. Five years severance for me (3,500,000 Yen)
and whatever we could get for the union. We got 4,000,000 Yen in total.
The moral
of the story
The
first moral of the story is easy. Join an effective union, preferably
before trouble occurs. I was in the EWA, and they made my two years as
research professor (with no duties or obligations) and five years of severance
pay possible. The second is schools are not always honest. They lie (about
enrollment, faculty makeup), coerce (bogus sexual harassment accusations),
and try cheating (salary pay slips labeled 'union payoff') and trickery
(producing 'unfavorable' documents you can't read for immediate signature).
In other words, they play games. I didn't take any of them as personal,
and I believe they really didn't either. And finally, it helps to have
friends. I had excellent relations with the Otemae junior staff, and they
made sure to keep me informed every step of the way. Just because they
are in the 'enemy camp' does not make them 'the enemy.'
In a sentence, join an active union, don't believe what the institution
tells you (but listen to your friends, and don't sign anything), and you
too might be asked to write up your positive experience for PALE.
Rube
Redfield
has taught in the Kansai area for more than twenty years. He is also an
under appreciated pro football commentator on cable TV.
TOP
Update
to the Kansai University Labor Dispute and Prosecution
by David P. Agnew
The
Osaka Labor Relations Commission (OLRC) meeting in September saw EWA
and KU rest their cases after a year of deliberations. OLRC had given
both parties a list of questions to help them reach a decision on the
case. Written responses were submitted and another hearing was held on
November 26, 2002. The next meeting will take place at the end of January
when the final written submissions for the commission will be handed in
and OLRC will be in a position to make a decision. Background to this
case can be found in the Summer 2002 issue
of the PALE Journal.
The
prosecution of KU continues but I am not permitted at this time to give
any details about the case.
November
also saw the Central Labor Relations Commission (CLRC) recognize EWA as
a true trade union. This historic decision allows for a joint union for
public servants and private sector workers. The EWA received a decision
from the Central Labor Relations Commission on October 30 regarding the
Suita Board of Education case. It ruled that amalgamated unions such
as EWA (composed of both public servants and private sector workers) are
true trade unions protected completely by the Trade Union Law. This
decision strikes down the OLRC's contention that EWA is a public servant
organization and is only protected by Trade Union Law in cases where its
members are unfairly discharged or otherwise treated in a disadvantageous
manner by reason of such worker being a member of a trade union, having
tried to join or organize a trade union, or having performed proper acts
of a trade union (Trade
Union Law Article 7-1). Thus, the OLRC has lost face and will be forced
to consider seriously the unfair labor practice cases caused by Kansai
University and other universities against EWA. The CLRC decision will
also have far reaching ramifications for foreign teachers that have found
themselves in legal limbo. (Korst)
On
a disappointing note, supporters of the KU dispute have found themselves
under pressure to cut their ties to EWA or else face dire consequences.
It has been brought to our attention that senior foreign teachers and
others at schools in the Kinki region are using their role in assigning
classes and the hiring process to intimidate teachers. Yet another example
of unfair labor practices. Teachers in the Kinki region should stand their
ground as should we all!
David
P. Agnew
has taught in the Kansai area for more than a decade and is actively pursuing
employment equality for foreign teachers in Japan.
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