Each commission has three kinds of members in equal numbers: public interest members, usually lawyers and academics, members recommended by unions, and members recommended by employers. Only the public interest members decide unfair labour practice cases, but the other two sides take part in hearings and in settlement talks.
Their main legal job is to enforce Article 7 of the Trade Union Act. A union, or an individual worker, can file a complaint that the employer has treated someone worse for union membership or activity, refused to bargain in good faith, or interfered with or tried to control the union. The prefectural commission investigates, holds hearings and, if it finds a violation, issues an order, for example to bargain, to reinstate an employee with back pay, or to post a notice. A party that disagrees can ask the Central Labour Relations Commission to review the order within 15 days, or go to court. Many cases end in a settlement brokered by the commission before any order is made.
The commissions also offer conciliation, mediation and arbitration in collective disputes, such as a deadlock in pay talks. Some prefectural commissions also handle individual disputes, alongside the labour bureaus.
What it means for a foreign employer
- This is where union disputes land. If a godo roso takes up an employee's case and you refuse to meet, the complaint will be heard here, not in a court.
- Bargaining is a duty, agreement is not. You must meet, explain and respond in good faith. You are not obliged to accept the union's demands.
- Remedies can be public and specific. An order to post a notice in the workplace, or to reinstate an employee, carries reputational weight as well as cost.
- Hearings run in Japanese. Prepare witnesses and documents in Japanese and use counsel who know the commission's procedure.
Sources
- Trade Union Act (Act No. 174 of 1949), Articles 7, 19, 27 and 27-15.
- Labour Relations Adjustment Act (Act No. 25 of 1946).
- Central Labour Relations Commission, guidance on the unfair labour practice remedy procedure.