Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 376, Octubre 2015

Effect given to the recommendations of the Committee and the Governing Body

1. 47. The Committee last examined this case at its October 2013 meeting [see 370th Report, paras 58–61]. On that occasion the Committee requested the Government to keep it informed of the decision of the Tokyo High Court on the complainant organization’s appeal concerning the status of four union members who were dismissed by the company and whose dismissal with prejudice was recognized in the decision of Tokyo District Court dated 17 October 2012. With regard to Tomio Yatsuda and Kakunori Oguro, the two dismissed union members on whose case the Tokyo District Court decided to recognize their status as employees, the Committee requested the Government to indicate whether the company has reinstated them with payment of unpaid wages following the court decision.
2. 48. In communications dated 7 October 2014, 5 February and 5 October 2015, the Japan Confederation of Railway Workers’ Unions (JRU) provided follow-up information. In its October 2014 communication, the complainant indicated that the Tokyo High Court concluded its hearings on the appeal case of six dismissed trade union members on 20 May 2013. The judge announced that the sentence could be delivered on 27 November and recommended the parties to seek a settlement through mediation in the meantime. Three mediation sessions were scheduled that ended in failure as the positions of the parties could not be reconciled: the dismissed workers insisted on their request for reinstatement while the company wished to settle the dispute through payment of monetary compensation. Finally the High Court delivered its decision on 11 December 2013, rejecting the reinstatement claims of all six workers dismissed as a result of their involvement in the JR Urawa electric train depot incident. The plaintiffs remained dissatisfied with this decision and initiated the procedure to take the case before the Supreme Court for final appeal. In its communication of February 2015, the complainant provided further information, indicating that by a ruling dated 3 October 2014, the Supreme Court confirmed the validity of punitive dismissal of the six workers involved in the JR Urawa electric train depot case and rejected their claims to reinstatement. This decision marks the end of all judicial proceedings related to the Urawa incident.
3. 49. In its communications of February and October 2015, the complainant organization further indicates that government organs and agents keep affirming that Kakumaru faction activists have infiltrated and exercise influence on the JRU and its affiliates such as the East Japan Railway Workers’ Union (JREU) and the Hokkaido Railway Workers’ Union (JRHU), and that mass media as well as other trade unions cite and misuse those declarations. In this regard the complainant refers to similar statements in the Diet, as well as to the fact that the assertions of the police in this regard have been deemed reasonable and relied upon during the judicial proceedings. The JRU qualifies these statements as untrue and as libellous slander, complains that they have a negative effect on the activities and social standing of the union and its affiliates and considers that they amount to oppression.
4. 50. In a communication dated 28 January 2015, the Government indicated that following the appeal lodged by both the dismissed workers and the company against the decision of the Tokyo District Court annulling the punitive dismissal of two out of six plaintiff workers, the Tokyo High Court quashed the decision of the District Court and issued a ruling that rejected the plaintiffs’ claims for recognition of their employment and unpaid wages. The Government presents a summary of the grounds adduced for the judgment, according to which the Court states that the acts of the six dismissed union members corresponded to the crime of coercion as found in criminal proceedings and therefore the grounds for disciplinary measures existed. The Court then proceeds to examine whether the company has abused its disciplinary power. Considering that the six union members engaged several times in acts of coercion against the victim, which left him with no choice but to resign from his work and so caused him significant damage; and considering that the union members’ acts constituted criminal actions committed within the company’s worksite while on duty, significantly disturbing the order and going against the rules at the workplace; the Court concluded that the JR East company did not abuse its disciplinary power in dismissing the six workers. The Government indicates that the plaintiffs filed an objection to the ruling of the High Court and appealed the case to the Supreme Court. The Supreme Court dismissed their appeal on 3 October 2014 and thus the decision validating the punitive dismissals of the six became final. The Government has attached copies of both judgments to its communication.
5. 51. The Committee takes note of the information provided by the complainant and the Government. The Committee notes that all the judicial proceedings related to the JR Urawa electric train depot incident have now ended and rulings have been finalized in the Supreme Court. The Committee takes note of the judgments communicated by the Government and the grounds adduced therefore. With regard to the public assertions of authorities as to the infiltration of the complainant union by Kakumaru faction, the Committee recalls that the police should abstain from any declaration which might damage the reputation of a trade union as long as the matters in question have not been confirmed by the judicial authorities [see 335th Report, para. 1018]. While observing that the complainant and Government have contradictory views in relation to the motivation for the dismissals in this case, the Committee considers that there are no remaining elements calling for further examination.