Labor Policy Keiichiro HAMAGUCHI

Industrial Relations Policy Chapter 5 Industrial Relations Policy

Section 1 Trade Union Policy

Trade union policy in pre-war era 1900 Public Peace Police Law banned almost trade union activities (Article 17). Relief Work Council recommended its deletion in 1919. Government declared non-prevention. Both MoHA and MoAC drafted Trade Union Bill, but not decided. Social Policy Bureau drafted progressive TUB following German model in 1925, got harsh criticism from employers, modified completely.

Wakatsuki Cabinet submitted regressive TUB in 1926. TUB discarded in House of Representatives because of employers’ opposition (Article 17 of PPPL deleted) in 1927. Hamaguchi Cabinet redrafted progressive TUB in 1929, got criticism again, modified completely again. New TUB passed HoR, but discarded in House of Lords in 1930. No trade union legislation at all in pre-war era

(2) The enactment of Trade Union Law Trade Union Law, drafted by Labor Legislation Council, enacted in 1945. 1945 TUL banned dismissal or discrimination based on membership, provided exemption from civil and criminal liability, gave collective agreement normative effect (replace inferior contract). 1945 TUL applied public sector workers.

(3) McArthur letter and reversal of the system in public sector February 1st strike, planned by radical labor movement, was banned by GHQ. In 1948, Gen. McArthur issued a letter, deprived right of collective bargaining and strike by public sector workers (later incorporated in Government Order No.201). 1948 National Public Service Law banned both collective bargaining and strike. 1948 Public Corporation Labor Relations Law allowed only collective bargaining.

(4) 1949 Revision of Trade Union Law GHQ ordered revision of TUL following American labor law system. Bargaining unit system was abandoned because of opposition from trade unions. 1949 revised TUL provided unfair labor practice, ex. refusal of collective bargaining and control or interference including financial support. Labor Relations Commission is responsible for administrative remedial procedure. TUL had few revisions for half a century.

(5) ILO Conventions and Basic Labor Rights 1948 ILO Convention No.87 on Right to Organize guaranteed the right to elect their representatives in full freedom. 1948 PCLR Law disqualified unions with dismissed leaders. Unions appealed to ILO, insisting violation of right to organize. Government abolished the provision in 1965.