Japan’s Treatment of Unfair Labor Practices: The Interplay of Adjudication and Mediation

Research output: Contribution to memorandum/expositionPosition Paper/Policy Paperpeer-review

16 Downloads (Pure)

Abstract

Japan's Labor Relations Commissions (LRCs) are independent expert
administrative agencies established in 1946 at both the prefectural and national levels. They are authorized to conciliate both collective & individual labor disputes presented by either party, and to adjudicate complaints of Unfair Labor Practices (ULPs) presented by the union. The conciliation of Individual Labor Disputes (ILDs) was officially added in 2001, through the Act on Promoting the Resolution of Individual Labor-Related Disputes (Law No. 112 of 2001, article 20 paragraph 3). Historically, the LRCs' main role had been the resolution of Collective Labor Disputes (CLDs), through their adjustment by conciliation, mediation or arbitration (based on the Labor Relations Adjustment Act, Law No. 25 of 1946) and adjudication of ULPs (authorized in the amendment of 1949, Labor Union Act, Law no. 174 of 1949; herein LUA), such as discrimination against union members or refusal to bargain collectively with a labor union (Article 7, LUA). Indeed, until the 1980s, the LRCs were dominant in the resolution of CLDs. However, with the decline of CLDs since the late 1970s and the rise of ILDs since the 1990s, the weight of labor disputes gradually shifted to the ILDs 2 . Currently, over half of the prefectural LRCs handle annually 0-3 CLD cases . Thus, to date most of the prefectural LRCs also conciliate ILDs. Based on the knowledge the LRC has accumulated over 70 years history, according to the Central LRC chairperson, Professor Ryuichi Yamakawa, it strives to continue to support the smooth development of Japan’s economic system, as an impartial and specialized institution for the resolution and adjustment of labor and management disputes
Original languageAmerican English
Number of pages40
ApplicantThe Japan Institute for Labour Policy and Training
StatePublished - 2017

Fingerprint

Dive into the research topics of 'Japan’s Treatment of Unfair Labor Practices: The Interplay of Adjudication and Mediation'. Together they form a unique fingerprint.

Cite this