Press translations [Japan]. Economic Series 0181, 1946-01-19.

Summary:

The Labor Union Law Bill (RODO KUMIAI HO), approved by the 89th extraordinary session of the Diet, is expected to come into force on 1 February. The provisions that should enter into the Labor Dispute Law Bill (RODO SOGI HO), the most important among the labor laws, long under study by the Labor Laws Discussion Committee (ROMU HOSEI SHINGI I-INKAI), have been drawn to a definite plan and will shortly be submitted to the Ministry of Welfare for approval. The Government will then present it to the forthcoming session of the Diet.

The provisions prepared by that Labor Laws Discussion Committee show a good comprehension of current labor disputes, labor movements, and the present rate of progress of democracy in JAPAN, and will prove to be an epoch-making law. The following is a summary of its basic points:

• 1.The Bill makes the Labor Committee, provided for in the Labor Law, the main body for settling labor disputes.
• 2.When the terms offered for acceptance by the Labor Committee are not agreed to by both contending parties, they shall be rendered open to general observation and criticism, or be put to the general vote by the laborers concerned.
• 3.The Labor Court (RODO SHIMPAN JO) shall be set up as a supreme organ for arbitrating labor disputes, and both contending parties stand under obligation to observe the decision of the court.
• 4.Object of the Law - The Law is meant to operate as a correct and judicious co-operator with the Labor Union Law in adjusting the relations between labor and capital, and aims to establish and maintain industrial peace to contribute to the permanent insurance of social order. Both labor and capital will do their utmost to make peace with each other, if disputes occur between them.
• 5.Arbitration by the Government Administrative Offices (GYOSEI KANCHO) - A Government administrative office can play the role of an arbiter at the request of both contending parties or at the request of the chairman of the labor committee. In this case the Government administra-

•   ECONOMIC SERIES: 181 (Continued) ITEM 1 (Continued) tive office can ask for the co-operation of other Government administrative offices that have connection with the enterprise in which both contending parties engage. If required, the Government administrative office will ask for the personal appearance of those concerned, submission of records, documents, and account books, or it may engage in official inspection.
• 6.The Arbitration Committee (CHOTEI I-INKAI) - The arbitration committee begins working in the following Cases: (1) a. When the chairman of the labor committee is informed by the executive office of the fact that arbitration by the arbitration committee is requested by both contending parties; (2) When the chairman of the labor committee is requested by the Government administrative office to have conviction that the labor dispute concerned can have a bad influence upon public welfare; (3) When the chairman of the labor committee is convinced of the necessity of arbitration by the arbitration committee; (4) When the labor committee is convinced for the sake of public welfare to turn to arbitration by the arbitration committee; (5) When the chairman of the labor committee is informed by the Government administrative office of the fact that one of the contending parties has asked arbitration of the arbitration committee, in conformity with the existent labor agreement that the labor dispute shall be settled by arbitration.
• b.The chairman of the labor committee organizes the arbitration committee chosen from the members of the labor committee, taking into account the actual state of progress of the dispute concerned, and arranges the composition of the representatives of both contending parties so that they are equal in number.
• c.The chairman of the arbitration committee is elected from those members of the arbitration committee who belong to the third party.
• d.The composition of the arbitration committee is free from protest by both parties concerned.
• e.The arbitration committee will hold a meeting of representatives of the employer and the employees; the decision will be rendered by a majority vote. In case of a tie, the chairman will vote in order to settle the matter.
• f.The arbitration committee will ask for personal appearance on a specified day of: (1) the employer, supervisor of the plant or factory concerned or person owing obedience to the above and nominated by them (the employer cannot nominate an outsider); (2) the representative of the labor by both contending parties, the terms which it has prepared and advise the amicable settlement of the dispute. If the terms are rejected by one or both contending parties at the same time, they shall be rendered open to general observation and criticism, and, if necessary, the arbitration committee can turn to the use of nion, nominated by the members, or anyone recognized as representing the laborers by the chairman of the arbitration committee.
• g.The arbitration committee will try to arbitrate the dispute by offering for acceptance newspapers or radio networks. - 2 -

•   ECONOMIC SERIES: 181 (Continued) ITEM 1 (Continued)
• h.If the terms, prepared according to the unanimous decision of the arbitration committee, are rejected by laborers' representatives, they shall be submitted to the free vote of all laborers concerned.
• i.When one or both contending parties does not agree to the terms offered for acceptance prepared in accordance with the unanimous decision of the arbitration committee, or when those representatives of the laborers and employers are of different opinion on the method of preparing the terms, the chairman of the arbitrators committee is justified in appealing to the judgement of the Labor Court.
• 7.The Labor Court - a. The Labor Court is in charge of the Minister of Welfare Office, and is composed of five judges.
• b.The judges of the Labor Court are appointed by the Cabinet with the advice of the labor committee, for a term of three years, which can be extended or shortened by the labor committee if it sees fit.
• c.The Labor Court judges those cases: (a) that are transferred by the arbitration committee, (b) in which judgement is requested by both contending parties.
• d.Both contending parties are bound to the judgement of the court.
• 8.Restrictions and prohibition of disputes -
• a.Those labor dispute actions involving the public welfare cannot justify temporary or lasting recesses until the judgement by the Labor Court is completed.
• b.Labor dispute actions shall be prohibited or restricted for a limited period of three days if the Government administrative office considers it necessary. In this case, it is taken into consideration that neither of the contending parties is to be placed at a disadvantage. The period of three days may be prolonged with the assent of the labor committee.
• c.These engaging in labor disputes are prohibited from (1) attacking the good name of, or the use of threats toward, the arbitration committee or its members, or attempting to influence the fairness of the arbitration; (b) preparing unusual obstacles against arbitration or of the proceedings which may have a negative effect upon the public welfare as prohibited by the Government administrative office, according to the decision attained by the arbitration committee.

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