Map of Area around the Tokyo Metropolitan Government Office Building
Om

e-k

Ｎ

aid

o

Tokyo Metro
Marunouchi Line
Nishi Shinjuku Sta.

Shinjuku
I-Land Tower

Hyatt
RegencyTokyo

Shinjuku
Sumitomo
Building
Tochomae Sta.

Shinjuku
Chuo ParkTokyo Metropolitan
Tokyo Metropolitan
Government No.1
Assembly Building
Building

Tokyo Metropolitan
NS
Government No.2
Building
Building

Seibu
Shinjuku
StationToei Oedo Line
Shinjuku Nishiguchi Sta.

Shinjuku
Mitsui
Building

GUIDE TO THE LABORRELATIONS COMMISSIONSTokyo Metro
Marunouchi Line
Shinjuku Station

Shinjuku
CenterBuilding

Keio
Plaza
Hotel

JR
Shinjuku
StationKDDI
Building

ido

u-ka

Kosh

ine
injuku L
Toei Shu Sta.
k
ju
in
h
S

Keio
ShinjukuOdakyu
Station Shinjuku
StationToei Oedo Line
Shinjuku Station

Secretariat to Tokyo Metropolitan Government
Labor Relations Commission
37th floor of the south part of TMG No. 1 Bldg.
2-8-1, Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-8001*Please use elevator H
Telephone Consultation 03 (5320) 6996, 6995
Adjustment 03 (5320) 6994
Examination 03 (5320) 6990, 6992, 6987
Homepage http://www.toroui.metro.tokyo.jp/

Secretariat to Tokyo Metropolitan
Government Labor Relations Commission

02-461 英語_てびき-表紙.indd

1-2

二
校
2017/03/09

11:42:05

Guide to the Labor Relations Commissions
Printed and Published in March 2017by the Secretariat to Tokyo Metropolitan Government

Labor Relations Commission

37th floor of the south part of TMG No. 1 Bldg. 2-8-1,
Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-8001

Consultation 03 (5320) 6996, 6995
Tel. (direct telephone number)
Adjustment 03 (5320) 6994
Examination & Adjustment Section Examination 03 (5320) 6990, 6992,
6987
Homepage http://www.toroui.metro.tokyo.jp/

Printed by Ginza Print Co., Ltd.

二校02-461 英語_てびき-表紙.indd

3-4

2017/03/09

11:42:05

INTRODUCTION
This booklet explains the following about Labor Relations Commissions,particularly in terms of the Tokyo Metropolitan Government Labor Relations
Commission:
1. What is the 'organizational structure' of Labor Relations Commissions?
2. What 'functions' do Labor Relations Commissions perform?
3. How should Labor Relations Commissions be utilized?
We have tried, as far as possible, to provide a simple and systematic
explanation for the benefit of employers and employees who are notacquainted with Labor Relations Commissions.

02-461 英語_てびき-本文.indd

1

2017/03/08

21:11:16

02-461 英語_てびき-本文.indd

2

2017/03/08

21:11:16

CONTENTS
I. MECHANISM OF THE LABOR RELATIONS COMMISSIONSYSTEM…………………………………………………………… 1
1. Birth of Labor Relations Commissions………………………… 1
2. Types of Labor Relations Commissions………………………… 1
3. Nature of the Labor Relations Commission…………………… 2
4. Composition of the Labor Relations Commission……………… 2
5. Power of the Labor Relations Commission……………………… 3
6. Labor Relations Commission meetings………………………… 3
7. Secretariat……………………………………………………… 3
II. DUTIES OF THE LABOR RELATIONS COMMISSION…… 5
1. Adjustment of labor disputes…………………………………… 5(1) Voluntary settlement between employer and employees andadjustment by the Labor Relations Commission……………… 5(2) Types of adjustment performed by the Labor Relations Commission…… 6(3) Conciliation…………………………………………………… 7
1. Meaning…………………………………………………… 7
2. Candidates for conciliators………………………………… 7
3. Conciliation procedure…………………………………… 8
a. Commencement of conciliation………………………… 9
b. Conciliation process……………………………………… 9c. Compulsory conciliation by virtue of the authority……… 11(4) Mediation……………………………………………………… 12
1. Meaning…………………………………………………… 12
2. Mediation procedure……………………………………… 12

02-461 英語_てびき-本文.indd

3

2017/03/08

21:11:16

a. Commencement of mediation………………………………… 12
b. Mediation process……………………………………………… 13
c. Compulsory mediation by virtue of the authority……………… 14(5) Arbitration………………………………………………………… 15
1. Meaning………………………………………………………… 15
2. Arbitration procedure…………………………………………… 15
a. Commencement of arbitration………………………………… 15
b. Arbitration process…………………………………………… 16
c. Compulsory arbitration by virtue of the authority…………… 16
2. Advance notice of commencement of act of dispute……………… 18
3. Examination of unfair labor practices……………………………… 19(1) Outline of unfair labor practice…………………………………… 19
1. What is unfair labor practice?…………………………………… 19
2. Orders of the Labor Relations Commission……………………… 19(2) Unfair labor practice examination procedure…………………… 21
1.Commencement of examination………………………………… 22
a. Filing a complaint……………………………………………… 22
b. Appointment of an examination member……………………… 22c. Appointment of participant members………………………… 22
2. Examination……………………………………………………… 22
a. Investigation…………………………………………………… 23
b. Hearing………………………………………………………… 24
3. Decision regarding an order……………………………………… 25
a. Meeting of public members…………………………………… 25
b. Issue of an order……………………………………………… 25c. In case where the parties are dissatisfied with an order……… 26

02-461 英語_てびき-本文.indd

4

2017/03/08

21:11:16

d. Establishment of an order……………………………………… 26
4. Compromise…………………………………………………… 27
4. Examination of trade union qualifications………………………… 28(1) In which case are trade union qualifications examined?………… 28(2) Examination criteria……………………………………………… 28(3) Examination procedure…………………………………………… 31
1. Commencement of examination………………………………… 31
a. Application…………………………………………………… 31
b.Appointment of an examination member……………………… 31
2.Examination of documentary evidence………………………… 31
3. Correction Recommendation…………………………………… 31
4. Decision on qualifications……………………………………… 31
5. When a trade union is dissatisfied with a decision……………… 32
III.HOW TO MAKE USE OF THE LABOR RELATIONSCOMMISSION…………………………………………………… 34
1. Counseling………………………………………………………… 34
2. Procedure for a request or application…………………………… 34(1) Request for conciliation, mediation or arbitration……………… 34(2) Filing a complaint regarding unfair labor practice……………… 36
1. Unfair treatment………………………………………………… 36
2. Refusal of collective bargaining………………………………… 36
3. Control and interference………………………………………… 36
4. Unfair treatment of a worker because of his or her having participatedin a procedure of the Labor Relations Commission…………… 36(3) Application for examination of trade union qualifications……… 37

02-461 英語_てびき-本文.indd

5

2017/03/14

18:07:49

◎ List of relevant organizations…………………………………… 38◎ Relevant laws and ordinances…………………………………… 41(Note) Reference forms for documents to submit can be downloaded
from the Tokyo Metropolitan Government Labor Relations Commission
homepage (http:///www.toroui.metro.tokyo.jp/)02-461 英語_てびき-本文.indd

6

2017/03/08

21:11:16

MECHANISM OF THE LABOR RELATIONS COMMISSION SYSTEM

1

I. MECHANISM OF THE LABOR RELATIONSCOMMISSION SYSTEM
1. Birth of Labor Relations Commissions
When a dispute arises between an employer and employees, it isdesirable that the parties should settle it in a voluntary way.
Because of a frequent clash of their interests and the difficulty ofalways keeping their standing on equal footing in industrial
relation, however, it is not easy to settle a dispute only by law or
principle.
In such a situation, steps are required to help settlement andproduce a better result without leaving hard feeling between theparties, by soliciting views or judgments from impartial third
persons.
We also need an institution which can judge whether an employer
has committed unfair labor practice or violated the workers' rightto organize, and if so, assist the workers easily and rapidly. The
Labor Relations Commission System was established under the
Trade Union Law enforced in March 1946 to fulfil such a need.

2. Types of Labor Relations Commissions
Labor Relations Commissions are divided into two categories: theCentral Labor Relations Commission and Prefectural Labor
Relations Commissions.
Prefectural Labor Relations Commissions in each prefecture handle
industrial disputes, unfair labor practice cases, and the like in theirjurisdictions.
The Central Labor Relations Commission deals with cases related
to two or more prefectures, important national issues, reviews ofPrefectural Labor Relations Commission's decisions on unfair labor

02-461 英語_てびき-本文.indd

1

2017/03/08

21:11:16

2

MECHANISM OF THE LABOR RELATIONS COMMISSION SYSTEM

practice, and the like.

3. Nature of the Labor Relations Commission
Unlike other general administrative organs, the Labor Relations
Commission operates independently of, and not under thecommand or supervision of, the Minister or Prefectural Governor.
Although the appointment of members and the placement of thesecretariat is prepared by the national or prefectural governments,
all the duties are entrusted to the Commission itself. Therefore,
each Labor Relations Commission can conduct its duties in a fairmanner without any outside restrictions.

4. Composition of the Labor Relations Commission
A Labor Relations Commission consists of three parties: members
who represent public interests (public members), those who
represent the workers (labor members) and those who represent
management (employer members). Our Labor Relations
Commission consists of 39 members in total, 13 members fromeach group. Members are not full-time, and their term of office is
two years.
Public members, appointed among scholars and those of practicalexperience, are regarded as impartial. Labor and employer
members, not simply those who represent their interests, mustcorrectly represent each situation to the Labor Relations
Commission and contribute to the establishment of peacefulindustrial relation in a cooperative way.
The Governor of the region appoints labor members on therecommendation of the trade unions, employer members on therecommendation of employers' organizations, and public memberswith the consent of both labor and employer members.
The Chairperson and the Vice Chairperson are elected by theCommission from among pubic members.

02-461 英語_てびき-本文.indd

2

2017/03/08

21:11:17

MECHANISM OF THE LABOR RELATIONS COMMISSION SYSTEM

3

5. Power of the Labor Relations Commission
With the aim of protecting workers' fundamental rights guaranteedby the Constitution of Japan (rights of organization, collective
bargaining and strike) and, at the same time, helping stabilize
industrial relation, Labor Relations Commissions have the powerof settling industrial disputes reasonably and flexibly.
This power can be divided into two.
One is the adjustment power of leading a dispute to a settlement
between labor and management through conciliation, mediation or
arbitration, and another is the examination power of judging unfair
labor practice and trade union qualifications in particular.

6. Labor Relations Commission meetings
Meetings can be classified into two: general meetings attended by
all members, and public members meeting attended only by publicmembers.
General meetings include public, labor and employer members,
who decide fairly and democratically on important items
concerning the policy of managerial affairs of the Labor Relations
Commission, the start of mediation or arbitration, the appointment
or dismissal of a candidate for conciliator, and the like.
In public members' meetings, members decide what orders should
be issued against unfair labor practice, determine whether a tradeunion has the required qualifications to be registered as acorporation, discuss the sphere of nonunion members of local
public enterprises and specified local incorporated administrative
agencies (hereinafter, local public enterprises, etc.), and the like.
The Commission usually holds general and public members
meetings on first and third Tuesdays of every month.

7. Secretariat

02-461 英語_てびき-本文.indd

3

2017/03/08

21:11:17

4

MECHANISM OF THE LABOR RELATIONS COMMISSION SYSTEM

A Labor Relations Commission has a secretariat to assist its
members. The staff are appointed by the Prefectural Governor,
subject to the consent of the Chairperson.
The Commission's secretariat consists of two sections under the
Director. Their duties are as follows:
General Affairs Section:
Appointment or dismissal of conciliators;
Holding of general and public members meetings;
Production of documents such as an annual report;
Personnel and budgetary affairs and other generalaffairs.
Examination and Adjustment Sections:
Conciliation, mediation or arbitration in labor
disputes;
Receiving advance notice of act of dispute frompublic service enterprises;
Adjustment Receiving notification of act of dispute in progress;
Section:Receiving and/or counselling for: requests for
conciliation, mediation or arbitration; file acomplaint regarding unfair labor practices; requests
to examine trade union qualifications.
Examination of unfair labor practice;
Examination of trade union qualifications;
Decision on and notification of the sphere of
Examination nonunion members of a local public enterprise;
Section:Use of the regional binding power of a labor
agreement;
Request for punishment for violation of advancenotice of strike.

02-461 英語_てびき-本文.indd

4

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

5

II.DUTIES OF THE LABOR RELATIONSCOMMISSION

Main duties of the Labor Relations Commission are adjustment oflabor disputes, examination of unfair labor practices andexamination of trade union qualifications.

1. Adjustment of labor disputes(1) Voluntary settlement between employer and employees andadjustment by the Labor Relations Commission
It is desirable that any dispute should be voluntarily settled by theparties concerned. The Labor Relations Adjustment Law regards
such voluntary settlement as a principle: 'when a labor dispute
arises, the parties concerned have to make efforts to voluntarily
settle it in good faith.
Although it is best to settle a dispute without the help of third
persons, voluntary settlement may become difficult or impossible
in some cases. In such cases, it is necessary that impartial third
persons should intervene between labor and management and play
the role of reaching a settlement by appropriately adjusting therelationship between the two.
For that, the Labor Relations Adjustment Law prescribes to the
Labor Relations Commission how to adjust differences.
Adjustment by the Labor Relations Commission is a procedure toreach a settlement by obtaining each party's concession, andprincipally not by force.
If necessary, the Labor Relations Commission may conduct
compulsory adjustment by virtue of its authority. However, it is
only in exceptional cases that the Labor Relations Commission willintervene in a dispute from the standpoint of public interest.

02-461 英語_てびき-本文.indd

5

2017/03/08

21:11:17

6

DUTIES OF THE LABOR RELATIONS COMMISSION(2) Types of adjustment performed by the Labor Relations
Commission
The parties concerned can choose one of three types of adjustmentby the Labor Relations Commission: Conciliation, mediation or
arbitration.
Differences between the three types are as follows:
Conciliation

Mediation

Arbitration

C o n c i l i a t o r s : Mediation Committee: Arbitration Committee:

Persons
in charge

Starting
conditions

Public members; equal three public members
Labor and employer
One or more conciliators number of labor andmembers can express
employer members
their opinion
1. Request by either
employer or tradeunion/labororganization
2. Request by both
employer and tradeunion/labororganization
3. By virtue of theauthority

1. Request by both
employer and tradeunion/labororganization
2. Request by either
employer or tradeunion/labororganization
In case where thecollective agreement
prescribes so, andfor public service
enterprises

1. Request by both
employer and tradeunion/labororganization
2. Request by either
employer or tradeunion/labororganization
In case where thecollective agreement
prescribes so

3. By virtue of theauthority
4. Request by the
Minister of
Health, Labor andWelfare, orPrefectural
GovernorPresentation
A proposal may beof a settlement
presented
proposal

In principle, a proposal In principle, a proposal
is presented
is presented

Acceptance ofAcceptance isa settlement
voluntary
proposalAcceptance isvoluntary

02-461 英語_てびき-本文.indd

6

Binding on bothparties, with the sameforce as a labor
agreement

2017/03/09

10:35:01

DUTIES OF THE LABOR RELATIONS COMMISSION

7

It is prohibited, as unfair labor practice, by Paragraph 4 to Section
7 of the Trade Union Law, for an employer discharge or subject tounfair treatment, an employee for the reason the latter has
participated in such a procedure of the Labor Relations
Commission.
(3) Conciliation
1. Meaning
Conciliation is a process through which one or more conciliators
make efforts to help settle a dispute, ascertaining the parties'(employer and trade union/labor organization) claims, clarifying
the differences between the two, arranging talks, adjusting bothparties' claims, or showing a proposal.
2. Candidates for conciliators
A person in charge of conciliation is called conciliator.
The Labor Relations Commission requests, scholars and persons ofexperience who can help settle labor disputes to act as conciliators.
The Tokyo Metropolitan Government Labor Relations Commission
has requested public, labor and employer members, former
Commission members, staff persons of the secretariat, the directorof the Labor Consultation Center, and the like. And a list of
potential conciliators is prepared by the secretariat.

02-461 英語_てびき-本文.indd

7

2017/03/08

21:11:17

8

DUTIES OF THE LABOR RELATIONS COMMISSION

3. Conciliation procedure
Request (by either/both employer or/and trade union/
labor organization), or by virtue of authority

Appointment of conciliators by the Chairperson

Conciliator's activities

Asking the other party whether they will comply
with the conciliation process
ComplyHearing from employer
and trade union/labororganization
・Arranging collective
bargaining
・Adjustment of claims
・Presenting a proposal
・Presenting conciliator's
opinions, and the like

Settlement

02-461 英語_てびき-本文.indd

8

Not comply
Close

Close・Withdrawal

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

9

a. Commencement of conciliation
Request for conciliation
The conciliation process requires a request for conciliation madeby either a trade union or labor organization or an employer, or
both. (Individual workers cannot make a request for conciliation.
This rule also applies to mediation and arbitration.) In the casewhere a local public enterprise or other organization makes arequest for conciliation of a labor dispute, the same procedure isrequired.
When a case is found to be inappropriate for conciliation, forexample, because the Labor Relations Commission considers the
dispute can be voluntarily settled, it may decide not to start theconciliation process even though a request for conciliation is made.
(This rule also applies to mediation and arbitration.)If the case of such a situation, you are invited to ask the secretariat
before making a request.
Appointment of conciliators
After a request has been made by the parties, the Chairperson
appoints conciliators from the candidates.
According to the nature of the dispute, the Tokyo Local Labor
Relations Commission appoints a conciliator(s) from either 1) Oneof each tripartite members (public, labor and employer members),2) Independent public member, or 3)Two members of theSecretariat .
b. Conciliation process
Unlike the mediation or arbitration processes, conciliators canproceed with the conciliation process flexibly. In general, thefollowing process occurs.

02-461 英語_てびき-本文.indd

9

2017/03/08

21:11:17

10

DUTIES OF THE LABOR RELATIONS COMMISSION

Ascertaining the intention of the other party
In case where either of the parties has made a request for
conciliation, conciliators ask the other party to comply with theconciliation process, and ascertain its intention.
When the other party refuses to comply with the conciliation
process, the conciliation process cannot take place. The party
which made the request for conciliation has to withdraw it, or the
conciliation process is closed.
When the collective agreement prescribes that conciliation isnecessary in order to settle a labor dispute, or both parties haverequested conciliation, the conciliation process can start
immediately.
Hearing
Conciliators hear the case from both parties, ascertain the key
points of both claims, and find and clarify the differences in thedispute.
Arranging collective bargaining
When conciliators consider that some problems to be solved in the
conciliation process have been insufficiently examined throughcollective bargaining, and find it necessary to continue collective
bargaining, they may recommend the parties concerned to continue
same. If necessary, conciliators may be present at collective
bargaining.
Adjustment of claims
Conciliators adjust both parties' views on problems to be solved
through the conciliation process, in broader aspects and from an
impartial standpoint, and recommend them to make concessions sothat the dispute may be settled.
When both parties reach agreement, a written agreement isprepared in the presence of conciliators.
Presenting a proposal
If necessary, conciliators present a proposal and recommend both02-461 英語_てびき-本文.indd

10

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

11

parties to accept it to settle the dispute.
Needless to say, if one party accepts the plan but the other does not,the conciliation process cannot succeed.
In most cases, however, the parties conclude an agreement andsettle the dispute according to the spirit of the proposal because it
has the contents most appropriate to solve the problem and ispresented at the appropriate time.
Close of conciliation and withdrawal of request
When conciliators cannot expect to settle a dispute through theabove-mentioned procedures because of a significant difference
between the parties' claims, they may close the conciliation
process. Even if conciliation is closed, the parties can request
conciliation again. There are cases where an agreement has beenreached in such a way.
The party who made the request may decide to withdraw it incertain circumstances.
c. Compulsory conciliation by virtue of the authority
Even if the parties make no request, conciliation can be started byvirtue of the authority of the Chairperson. This is called
compulsory conciliation conducted by virtue of the authority.
In the case of such labor disputes as in hospitals or private railway
companies which may cause inconvenience or harm to human life
or society, compulsory conciliation may be conducted.
The compulsory conciliation procedure is the same as that ofconciliation by request from the parties.

02-461 英語_てびき-本文.indd

11

2017/03/08

21:11:17

12

DUTIES OF THE LABOR RELATIONS COMMISSION(4) Mediation
1. Meaning
Mediation is a process through which the Mediation Committee
makes efforts to help settle a dispute, preparing a mediation plan
after having heard the parties' views, and recommending them toaccept it.
2. Mediation procedurea. Commencement of mediation
Request for mediation
The mediation process starts in the following cases:
1. When both parties make a request for mediation;
2. When either of the parties makes a request for mediation. In thelatter case, it is required that either the collective agreement
prescribes that mediation should be taken to settle disputes, or apublic service enterprise is concerned. (Besides those cases, themediation process may be started by the virtue of the authority of
the Labor Relations Commission, which will be mentioned later.)
Even after the mediation process has started, all or part of thematters to be mediated can be withdrawn by the party who madethe request.
Mediation Committee
The mediation process is conducted by the Mediation Committee
composed of public, labor and employer members. The
Chairperson appoints Mediation Committee members and staff
persons in charge.
Although the number of Mediation Committee members is not
fixed, that of labor members must be equal to that of employer
members.
The Mediation Committee elects a Chairperson from the publicmembers.
The Chairperson convenes meetings of the Mediation Committee.
A decision is made by majority in meetings of the Mediation

02-461 英語_てびき-本文.indd

12

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

13

Committee.
b. Mediation process
Hearing
The Mediation Committee issues calls to both parties and hears
their views, asking for reference materials. If necessary, it may also
issue calls to other relevant witnesses to hear their views.
Making a mediation plan
The Mediation Committee makes a mediation plan after hearing
the parties’ claims.
A mediation plan is decided on by the majority of its memberspresent.
Depending on the circumstances, the Mediation Committee may
close the mediation process, giving reasons.
Presenting a mediation plan
After making a mediation plan, the Mediation Committee presents
it to the parties and recommends them to accept it.
Neither party is under obligation to accept the mediation plan.
However, it is important for the parties to make efforts to settle thedispute by examining the plan thoroughly.
If the mediation plan is accepted by both parties, the dispute issettled. If either party refuses to accept it, the mediation process
cannot succeed.
After a mediation plan has been accepted
When the parties disagree in view on how to interpret or implement
the plan after having accepted it, either or both of the parties canrequest the Mediation Committee to present its view.
In such cases, it is provided that the Mediation Committee shouldpresent its view within 15 days of the day when the request ismade. The parties concerned are not allowed to start a dispute overinterpretation or implement of the mediation plan before theMediation Committee presents its view or until the period of 15days ends.

02-461 英語_てびき-本文.indd

13

2017/03/08

21:11:17

14

DUTIES OF THE LABOR RELATIONS COMMISSION

c. Compulsory mediation by virtue of the authority
In addition to mediation initiated by request, it may also becommenced by virtue of the authority of the Labor Relations
Commission or a request from the Prefectural Governor.
1. When either of the parties makes a request for mediation of alabor dispute of a local public enterprise, and the Labor Relations
Commission decides that mediation should be conducted;
2. When the Labor Relations Commission decides that mediation
should be conducted, by virtue of its authority, for a labor disputeof a public service enterprise or local public enterprise;
3. When the prefectural Governor makes a request for mediation
for the following cases:(1) A case concerning a public service enterprise;(2) A case which has significant influence on public interests due toits size or the special nature of an enterprise.
Even in such cases, the mediation procedure is the same as that ofmediation by request from the parties.

02-461 英語_てびき-本文.indd

14

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

15(5) Arbitration
1. Meaning
Arbitration is a process which seeks to settle a labor disputeaccording to a decision (arbitration award) made by the Arbitration
Committee to which both parties, employer and employees, havecommissioned to settle it.
2. Arbitration procedurea. Commencement of arbitration
Request for arbitration
The arbitration process starts when:
1. both parties make a request for arbitration;
2. either party makes a request for arbitration.
In the latter case, it is required that the collective agreement
prescribes that a request for arbitration should be made.
(Besides those cases, arbitration may be started by the virtue of theauthority of the Labor Relations Commission, which will be
described later.)
Even after the arbitration process has started, all or part of thematters to be arbitrated can be withdrawn by the party who madethe request.
Arbitration Committee
The arbitration process is conducted by the Arbitration Committee,
consisting of three or more public members.
The Chairperson nominates Arbitration Committee members frompublic members who have been approved by both parties on thebasis of mutual agreement. If the parties choose no Arbitration
Committee members or do not reach agreement, the Chairperson
appoints them from public members after having heard theiropinions.
Labor and employer members appointed by the parties can also
express their views before the Arbitration Committee.
The Chairperson appoints not only Arbitration Committee members

02-461 英語_てびき-本文.indd

15

2017/03/08

21:11:17

16

DUTIES OF THE LABOR RELATIONS COMMISSION

but also staff persons in charge.
The Arbitration Committee Chairperson is elected by the
Arbitration Committee from its members.
The Chairperson convenes meetings of the Arbitration Committee
which cannot be held without two or more members present.
Decisions are made by majority.
b. Arbitration process
Hearing
The Arbitration Committee issues calls to the parties and relevant
witnesses, hears their views and asks for necessary referencematerials, to inquire into the facts.
Then, the Arbitration Committee tries to adjust both claims
according to the facts with the assistance of labor and employer
members.
Making arbitration awards
After that, the Arbitration Committee prepares an arbitration award.
Depending on the circumstances, the Arbitration Committee may
close the arbitration process, giving reasons.
Legal standing of arbitration awards
The Arbitration Committee issues an arbitration award to theparties.
An arbitration award has the full force and effect of a collective
agreement from the effective date shown, and binds the parties.
The parties cannot make a complaint or objection against anarbitration award: the dispute is settled by the arbitration award.
c. Compulsory arbitration by virtue of the authority
In addition to arbitration started by request, in the case of a local
public enterprise, etc., arbitration may be commenced by virtue ofthe authority of the Labor Relations Commission or a request by
the Prefectural Governor in the following cases.
1. When the Labor Relations Commission decides that arbitration
should be conducted for a case in the process of conciliation or

02-461 英語_てびき-本文.indd

16

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

17

mediation;
2. When a dispute is unsettled two months after the commencementof the conciliation or mediation process by the Labor Relations
Commission, and either of the parties makes a request forarbitration;
3. When the Prefectural Governor makes a request for arbitration.

Labor Relations
Commission

Employer

Request02-461 英語_てびき-本文.indd

17

2017/03/08

21:11:17

18

DUTIES OF THE LABOR RELATIONS COMMISSION

2.Advance notice of act of dispute

In the case of any of the public service enterprises specified in
Section 8 of the Labor Relations Adjustment Law (transportation,
medical treatment, public health service, and the like), if a labor
union or employer seeks to start an act of dispute, the party has togive notice to the Labor Relations Commission and the Tokyo
Metropolitan Governor (Bureau of Industrial and Labor Affairs ,Employment Division, Labor Environment Section) at least 10
days before the act of dispute is due to begin (Section 37 of theLabor Relations Adjustment Law). A copy of such a notice should
be submitted to each.
When a party conducts an act of dispute without advance notice, it
may be punished with a fine of up to ¥100,000 (Section 39 of theLabor Relations Adjustment Law).

～MEMO～

02-461 英語_てびき-本文.indd

18

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

19

3. Examination of unfair labor practices(1) Outline of unfair labor practice
1. What is unfair labor practice?
The Constitution of Japan guarantees workers' rights to organize,
bargain and act collectively in order that workers can be on an
equal footing with their employers. These are known as the threerights of workers.
To guarantee workers' three rights in a practical way, the Trade
Union Law prohibits employers from the following, unfair labor
practice against workers or trade unions (Section 7 of the Trade
Union Law).
2. Orders of the Labor Relations Commission
A trade union or worker can file a complaint to the Labor Relations
Commission when he/she believes the employer is doing or has
done unfair labor practices. If the Labor Relations Commission
confirms the existence of unfair labor practice, it takes appropriate
action such as by ordering the employer to reinstate the dismissed
worker to his or her former position, or to stop the employer
controlling or interfering with trade unions.

02-461 英語_てびき-本文.indd

19

2017/03/08

21:11:17

20

DUTIES OF THE LABOR RELATIONS COMMISSION

Unfair treatment to a worker for the reason of
Financialhis or her having participated in a process ofaid
the Labor Relations Commission

Control andinterference

Refusal of
Yellow-dog
collective
contract
bargaining

Unfair treatment

Category The worker (Trade union)…

1. Is a member of a trade union
2. Joined a trade union or tried toorganize a trade union
3. Acted lawfully for a trade union

1. May not join a trade union
2. Must withdraw from a tradeunion

The employer…
For the reasons on the left
1. Dismissed the worker
2. Treated the worker
unfairly

2. Operates a trade union

1

Makes an employment
contract with a worker
under the conditions on theleft.

Makes a request for collective Refuses, without properbargaining with the representatives reasons, to do the requested
action on the leftof workers
1. Forms a trade union

Number2

Controls or interferes withthe actions on the left

3

Incurs expenses for operating a Gives financial aid for the
trade union
action on the left
1.

Filed a complaint with theLabor Relations Commission
against unfair labor practice2.

Requested a re-examinationof the order for unfair labor
practice3.

1, 2, and presented evidenceor his or her views when
adjusting a labor dispute

For the reasons on the
left,

4

1. Dismissed the worker
2. Treated the worker
unfairly(Note) Number refers to each numbered section in Article 7 of the Labor UnionLaw.

02-461 英語_てびき-本文.indd

20

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

21(2) Unfair labor practice examination procedure

Complaint

Appointment of
examination member

Examination process(Investigation, Hearing)Compromise*Complaint from a trade union orworker*Appointment of examination member(public members)*Appointment of participant members(labor and employer members)*Examination of both parties' claims*Examination of evidence produced
from the parties'*Preparing an examination plan
*Expressing of both parties views*Examination of witnesses*Final statements of both parties*Resolution by discussion

Hearing of participant
members’ views

Publicmembers' meetingOrder02-461 英語_てびき-本文.indd

21*After hearing the opinion of theappointed participant member, adecision is made in the Publicmembers’ meeting on the outcome of
the unfair labor practice complaint*Complete remedy
Partial remedy
Dismissal
Rejection

2017/03/08

21:11:17

22

DUTIES OF THE LABOR RELATIONS COMMISSION

1. Commencement of examinationa. Filing complaints
The examination process for unfair labor practice starts after acomplaint is filed regarding unfair labor practices.
Trade unions and individual workers who have suffered from unfair
labor practices file a complaint. Such a complaint has to be madewithin one year from the time when unfair labor practice was beingcommitted.
A complaint is principally made in writing, but also can be madeorally.
When a trade union files a complaint, it must submit documentation
certifying that this satisfies the provisions of the Trade Union Law.
Please refer to 2 (3) in Section III “How to make use of the Labor
Relations Commission” (page 37) for information on what
documents to submit.
The party who filed the complaint can withdraw all or part of thecomplaint at any time before the order is issued.
b. Appointment of an examination member
The Chairperson appoints from the public members an examination
member who is in charge of the examination in unfair labor
practice cases.
The Chairperson also appoints staff.
c. Appointment of participant members
One worker and one management participant members, selectedfrom the labor and employer members respectively, are appointed
to take charge of the examination of unfair labor practice cases.
2. Examination
The examination process is divided into two stages: investigationand hearing.
Investigation is conducted to clarify the point in dispute from bothparties' claims, while hearing is conducted to decide whether the
alleged unfair labor practices actually took place.

02-461 英語_てびき-本文.indd

22

2017/03/09

10:21:58

DUTIES OF THE LABOR RELATIONS COMMISSION

23

Both parties can appoint an agency who stands in the place ofthemselves and an assistant who may help them, during
investigation or hearing. In such a case, a written request isrequired.
In most cases, a lawyer is appointed as an agency, while a higherclass union officer or a company executive in charge of labor
management or section manager who is familiar with unfair labor
practice cases is appointed as an assistant.
a. Investigation
Issuing a complaint
When a complaint has been filed, a copy is handed (issued) to theemployer, who is then required to submit an answer. In this case,the employer is obliged to submit an answer within 10 days ofreceiving a copy of the complaint.
Examination of claims and evidence
The examination member asks the parties to attend an investigation
held on a fixed day.
At the investigation, the examination member hears both parties’
explanations of their complaint or answer, and examines eachclaim.
Furthermore, the examination member also asks the parties tofurnish evidence and witnesses to support their claims.This
evidence refers to the documents and witnesses presented.
Then, prior to the start of the hearing, the appointed members(public, labor and employer members) listen to the views of theparties, and prepare and issue to the parties an examination plan
listing the main points of dispute, schedule for the hearing,intended period for issuing an order, and other matters.
After having examined both parties' claims and evidence ininvestigation, the staff examines the content of the investigationand prepares an investigation report.
The parties and persons concerned may read the investigation

02-461 英語_てびき-本文.indd

23

2017/03/08

21:11:17

24

DUTIES OF THE LABOR RELATIONS COMMISSION

report.
b. Hearing
Commencement of hearing
After the investigation has been finished, the hearing begins.
The hearing, like oral proceedings (examining a witness) before
court, is conducted in the presence of both parties.
In principle, the hearing is conducted in public to ensure fairness.
The parties are informed in advance of the period and location of
the hearing. Once the period of hearing is fixed, a proposal tochange the period cannot be accepted provided there is no valid
reason.
Since hearing can still be conducted when one party refuses to beattend, non-presence may produce an unfavorable result for thatparty.
Statement; examination of witnesses
In the hearing, the parties, agencies and assistants can make astatement and examine the parties and witnesses (hereinafter,
witnesses, etc.) with approval of the examination member.
In the case of examining a witness, etc., the party which hasrequested the examination examines the witness first (mainexamination), and then the other party cross-examines him or her.
The examination member and participant members can examine awitness as occasion demands.
It is important to examine a witness briefly and only about key
points. If one touches upon unrelated matters or views, the hearing
may be prolonged because a point in dispute becomes unclear.
Also, witnesses must take an oath as if before a court, and they
have to state the facts as they are according to their conscience.
Staff members make a hearing report of the contents of the hearing.
The contents of the examinations of witnesses are recorded in
shorthand, and included in the stenographic record of the hearing.
The parties and persons concerned each receive for free a copy of

02-461 英語_てびき-本文.indd

24

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

25

the stenographic record of the hearing.
Final statement
After examining all the witnesses, the examination member allows
the parties to make a final statement before closing the hearing.
The final statement, where each party presents its claims and facts
on points at issue, considering the whole examination process, isgenerally made in writing.
3. Decision regarding an ordera. Meeting of public members
After hearing, a meeting of public members discusses whether the
alleged act of an employer should be judged unfair labor practiceor not, and decides on an order. Such a meeting is held with closed
doors.
Before a discussion, public members are required to hear from thelabor and employer members who have participated in the hearing.
A meeting of public members decides:
1. An order which supports the whole of the complaint, when it
judges the alleged act of the employer unfair labor practice;
2. An order which supports part of the complaint, when it judges
part of the alleged act of the employer to be unfair labor practice;
3. An order which rejects the complaint, when it judges the alleged
act of the employer not to be unfair labor practice;
4. A dismissal of the complaint when it has not been made within
the effective period, or when it is clear that the alleged act of theemployer does not fall under unfair labor practice.
b. Issue of an order
An order decided by a meeting of public members is announced inwriting.
The following items are listed in the order.
1 Gist of the order
2. Parties concerned
3. Main text (Acknowledgement of all or part of the relief

02-461 英語_てびき-本文.indd

25

2017/03/08

21:11:17

26

DUTIES OF THE LABOR RELATIONS COMMISSION

requested for the complaint, or details on the method of execution.
Also, the gist of dismissing the complaint.)
4. Reasons (Acknowledged facts and judgement, and legal
grounds)
5. Date of judgement
6. Names of members
A copy thereof shall be served on both parties.
It is issued on a fixed day in the presence of both parties, or a copy
is sent by mail with delivery certificate. In such a case, the day ofdelivery is regarded as the day of issue.
An order takes effect from the date of service.
c. In case where the parties are dissatisfied with an order
If dissatisfied with an order, a party can take the following
measures:
Employer:can apply for re-examination, within 15 days of the service ofthe order, to the Central Labor Relations Commission. It canbring the case to the district court, within 30 days of theservice of the order, to ask it to rescind the order if it doesn't
apply for re-examination.
Workers/unions:can apply for re-examination, within 15 days of the service ofthe order, to the Central Labor Relations Commission. They
can also bring the case to the district court, within 6 months ofthe service of the order, to ask it to rescind the order.
In the event that an employer goes to the district court, the latter
may, according to a request by the Labor Relations Commission,order the former (employer) to follow the order issued by theCommission until a final and conclusive judgment is made(emergency order).
d. Establishment of an order02-461 英語_てびき-本文.indd

26

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

27

If there is no request for re-examination or appeal for withdrawal,
the order is established.
If an employer does not follow such an established order, theformer may be punished with a fine of ¥500,000 or less (in thecase of a pretense order, an additional fine of ¥100,000 per day,after five days of noncompliance.)
4. Compromise
When remedy with unfair labor practice is requested, not all cases
are ended in an order. Many cases are settled by compromise.
In some cases, a settlement by compromise can be more
appropriate, in the nature of things, than by order, and the parties
may wish to obtain acceptable conditions in a peaceful way
through negotiations rather than a settlement by an order. In such acase, the examination member recommends the parties to make acompromise, and tries to bridge a gap between the parties' claims
in cooperation with participant members. If the parties reach an
agreement through negotiations, a compromise agreement isconcluded and a case can be settled.
To promote such a compromise process, not only the examination
member but also participant members respect employer andemployees' positions sufficiently, and make efforts to settle a
dispute so that industrial relation will continue to be healthy infuture.

02-461 英語_てびき-本文.indd

27

2017/03/08

21:11:17

28

DUTIES OF THE LABOR RELATIONS COMMISSION

4. Examination of trade union qualifications(1) In which case are trade union qualifications examined?
A trade union should be voluntarily organized and democraticallyoperated by workers. Therefore, when forming a trade union it is
not necessary to notify administrative agencies or otherorganizations.
In the following cases, however, the Labor Relations Commission
is required to examine whether a trade union meets therequirements provided by the Trade Union Law or not. It is called
an examination of trade union qualifications.
1.When a trade union files a complaint regarding unfair labor
practices;
2.When a trade union seeks qualifications in order to register as acorporation;
3.When a trade union recommends a candidate for the labormember of the Labor Relations Commission;
4. When a trade union applies for approval for placement activities
specified by the Employment Security Law.
5. When a trade union applies for a regional extension of a labor
agreement.
(2) Examination criteria
A trade union qualifications are examined, according to thefollowing criteria, in respect of two points: whether it is avoluntary trade union (Section 2 of the Trade Union Law); andwhether it has the rules necessary to be a democratic tradeunion (Sub-Section 2 of Section 5 of the Trade Union Law).

02-461 英語_てびき-本文.indd

28

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

29▽ Trade union's requirements provided by Section 2 of the Trade
Union Law

Indispensable
requirements:

Unacceptableconditions:1.To be an organization primarily
composed of workers;
2. To be formed of workers' own freewill;
3. To aim at maintaining and improving
labor conditions and raising workers'
position in principle.
4. To contain a person representing theinterests of the employer
5. To be given financial aid, by theemployer, for the operation of the
trade union;
6. To aim at carrying out mutual aid
and welfare activities only;
7. To aim at conducting political orsocial activities in principle.

▽ Trade union term requirements provided by Sub-Section 2 ofSection 5 of the Trade Union Law
1. Trade Union name;
2. Address of the main office
3. In the case of a unit trade union, its members musthave the right to participate in all matters, and theright to be equally treated;
4. In all cases, no member can be deprived of his or her
membership for reasons of race, religion, sex, family
origin or social status;

02-461 英語_てびき-本文.indd

29

2017/03/08

21:11:17

30

DUTIES OF THE LABOR RELATIONS COMMISSION

5. In the case of a unit trade union, its officers have tobe elected through a direct and secret vote by themembers;
In the case of a federation or nationwide organizationof trade unions, its officers must be elected through a
direct and secret vote by the members of its affiliatedunit trade union, or by representatives elected
through a direct and secret vote by the members.
6. A general meeting has to be held once or more ayear;
7. A financial report where all financial resources,
purposes and amounts of expenditures, names ofprincipal contributors, and the current financial
situation are shown has to be published to themembers once or more a year, together with acertificate which testifies the financial report isaccurately made, and was prepared by a certified
auditor appointed by the members;
8. Strikes must only be started on the condition that astrike proposal has gained a majority through a direct
and secret vote by the members, or by representatives
elected through a direct and secret vote by themembers;
9. In the case of a unit trade union, rules can only bechanged on condition that such a proposal has gained
a majority of all the members through a direct andsecret vote.
In the case of a federation or nationwide organizationof trade union, rules can only be changed on
condition that such a proposal has gained through a
direct and secret vote, a majority of all the membersof its affiliated unit trade union, or a majority of all

02-461 英語_てびき-本文.indd

30

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

31

the representatives elected through a direct and secretvote by the members.
(3) Examination procedure
1. Commencement of examination
a. Application
The examination of trade union qualifications is started after a tradeunion has sent in an application and documentary evidence such as
its rules.
b. Appointment of an examination member
The Chairperson selects an examination member from among the
public members to be responsible for examination of trade union
qualifications. At the same time, staff persons in charge are also
appointed.
2. Examination of documentary evidence
The examination member examines whether each piece of
documentary evidence meets the requirements provided by Section
2 and Sub-Section 2 of Section 5 of the Trade Union Law or not.
Although the examination process is generally finished byexamining documentary evidence the examination member may, if
necessary, further inquire into the facts and require the trade union
to present other documentary evidence.
3. Correction Recommendation
When the examination member finds part of union rules or otherdocuments do not meet the requirements provided by the Trade
Union Law, he or she recommends the union, after having
discussed such a proposal in a meeting of public members, make acorrection within given period. This is called a Recommendation
for Correction.
If such a trade union that has been given a correction
recommendation makes a correction as pointed out in a fixed
period, it can meet the requirements provided by law.
4. Decision on qualifications

02-461 英語_てびき-本文.indd

31

2017/03/08

21:11:17

32

DUTIES OF THE LABOR RELATIONS COMMISSION

Having finished examination, a meeting of public members decides
whether the trade union meets the requirements provided by theTrade Union Law or not.
After a decision on qualifications is made, a Written Decision of'Qualified' or 'Disqualified' is prepared, and a copy is issued to thetrade union. To a 'qualified' union, a certificate of qualifications
may be issued in place of a copy of decision.
The following items are listed in the Written Decision andCertificate of Qualification.
▽Written Decision
1. Name of the trade union, and address of its main
office2. Gist of conformance of the trade union with ther e g u l a t i o n s o f t h e L a b o r U n i o n L a w, o r
nonconformance and reasons thereof.
3. Date of the decision▽Certificate of Qualification
1. Gist of conformance of the trade union with theregulations of the Labor Union Law
2. Name of the trade union
3. Address of the trade union’s main office
4. Date of the decision
5. Date of issue of the Certificate
5. When a trade union is dissatisfied with a decision
When a trade union is dissatisfied with a decision, it can make anapplication for re-examination to the Central Labor Relations
Commission.
An application for re-examination is required to be made within 15
days of the issue of a copy of decision on qualifications.

02-461 英語_てびき-本文.indd

32

2017/03/08

21:11:17

DUTIES OF THE LABOR RELATIONS COMMISSION

33～MEMO～

02-461 英語_てびき-本文.indd

33

2017/03/08

21:11:17

34

HOW TO MAKE USE OF THE LABOR RELATIONS COMMISSION

III. HOW TO MAKE USE OF THE LABORRELATIONS COMMISSION
When making a request for adjustment in a dispute or a complaint
regarding unfair labor practice, it is not necessary to pay expenses
for the procedure.
The Trade Union Law prohibits the members and other staff of aLabor Relations Commission to leak out a secret of employers or
employees which can be found out on their duties.

1. Counseling

Our Labor Relations Commission provides counsel for thefollowing matters:• Adjustment of disputes; industrial relations problem
related to unfair labor practice;• Procedure for requests;• Procedure for a request for examination of tradeunion qualifications.

2. Procedure for a request or application

As explained in the Section II 'Duties of the Labor Relations
Commission', a request or application is usually made in writing inJapanese.
Reference forms for documents to submit can be downloaded fromthe Tokyo Metropolitan Government Labor Relations Commission
homepage (http:///www.toroui.metro.tokyo.jp/)
Next, we will explain what should be mentioned, how many copies
should be presented, and the like, for such a request or application.
(1) Request for conciliation, mediation or arbitration
When you request conciliation, mediation or arbitration, you arerequired to present copies of the request and 'the details of the case02-461 英語_てびき-本文.indd34

2017/03/08

21:11:17

HOW TO MAKE USE OF THE LABOR RELATIONS COMMISSION35

so far.'To prepare 'the details of the case so far,' you need to present briefly'when, who did what' about the adjustment process and the like sothat developments and points in dispute between labor andemployer may be easily understood. If necessary, you may be
invited to present copies of written demand or answer between
labor and employer.
How to prepare 'the details of the case so far'
〇 In the case of a dispute related to wage increase or bonus
payment:• When the demand was made; the amount requested;• When the answer was made; the amount granted;• When the collective bargaining was conducted; theoutcome.
〇 In the case of a dispute related to a dismissal or transfer:• When the dismissal or reshuffle was made; why;
• When the collective bargaining was made; the outcome.
〇 In the case of making a request for promoting collective
bargaining:• When the demand was made; for what purpose thecollective bargaining wasconducted;• When the collective bargaining was made; the outcome;• When the collective bargaining stopped; why.
In addition to the above, for an act of dispute which is already inprogress, please be sure to provide details of when it started andthe events thus far.
You are required to present the following number of copies of arequest (including attached papers).
Conciliation: 4 or 7 copies;(Staff: 4 copies, Public members: 5 copies, Tripartite members (public, labor,
employer): 7 copies)

Mediation:
Arbitration:

02-461 英語_てびき-本文.indd

35

7 copies;
9 copies.

2017/03/08

21:19:07

36

HOW TO MAKE USE OF THE LABOR RELATIONS COMMISSION

According to the number of the parties concerned, you may berequired to increase the number of copies.
(2) Filing a complaint regarding unfair labor practices
When you file a complaint regarding unfair labor practices, you arerequired to present copies of the complaint.
You are invited to write, in the following manner, about 'practicalfacts constituting unfair labor practice' for a written complaint.
1. Unfair treatment (according to Paragraph 1 of Section 7 of
the Trade Union Law)
○ ln case of a dismissal, transfer or discipline• When and why the dismissal, transfer or discipline wasmade;• Why such an act was unjustifiable (facts and arguments toprove that such an act was really due to union activities).
○ ln case of discrimination in wage increase or promotion• What discrimination was made and when;• The facts of why the discrimination was unjustifiable (facts
and arguments to prove that such an act was really due tounion activities).
2. Refusal of collective bargaining (according to Paragraph 2 ofthe same Law)
•When and for what collective bargaining was demanded;•When and why collective bargaining was refused by theemployer.
3. Control and interference (according to Paragraph 3 of thesame Law)• Facts that the employer controlled or interfered in theformation or operation of the trade union (when, who,
where, to whom, how)
4. Unfair treatment of a worker because of his or her having
participated in a procedure of the Labor Relations
Commission (according to Paragraph 4 of the same Law)
•When and why an unfair treatment occurred;

02-461 英語_てびき-本文.indd36

2017/03/08

21:11:17

HOW TO MAKE USE OF THE LABOR RELATIONS COMMISSION

37•Why such unfair treatment was unjustifiable(facts and arguments to that such treatment was really due
to having participated in a procedure of the Labor Relations
Commission).
You are required to present 6 copies of the written request. When
there are two or more defendants, the number of copies increases.
When a trade union files a complaint, it must present a copy of
documentary evidence necessary to the examination ofqualifications (see next paragraph)(3) Application for examination of trade union qualifications
To apply for the examination of trade union qualifications, it must
present a copy of the application form and documentary evidence.
Please submit one copy each of the application form anddocumentary evidence. The documentary evidence is as follows.
1 . Tr a d e u n i o n r u l e s a n d s u p p l e m e n t a r y r u l e s(proceedings rules; election rules, and the like);
2. List of union officers (if they hold a position in thecompany, position name should be also shown.);
3. Collective agreement (union activities during working
hours; treatment of full-time union officials; agreementon the range of workers eligible to join the union);
4. Union's financial report (or budgetary report);
5. Paper showing those not eligible to join the union(clearly showing, in the company organizational
structure table with position names, a distinction
between union members and non-members).

02-461 英語_てびき-本文.indd37

2017/03/08

21:11:17

38

List of Relevant Organizations
Name

Address

Tel.

Jurisdiction

Central Labor Relations
Main line.
1-5-32, Shibakouen Minato-ku
Commission
03(5403)2111
2-8-1 Nishi-Shinjuku, Shinjuku-ku
31F Tokyo Metropolitan
03(5320)4647
Government (TMG) No. 1 Bldg.

Tokyo Metropolitan
Government, Bureau ofIndustrial and Labor Affairs,
Labor Environment Section

Tokyo Metropolitan Rodo110-ban(Exclusive telephone laborconsultation)

Nearest station
Subway Onarimon
Subway Daimon
JR Hamamatsucho

JR Shunjuku
SubwayTochomaeLabor
All areas metropolitan
consultationTokyo
0570(00)6110

Tokyo Metropolitan Labor Consultation Center
To reserve Chiyoda-ku, Chuo-ku,
at-center
Shinjuku-ku, Shibuyaconsultation ku, Nakano-ku,
03（3265）6110 Suginami-ku, Tosho

JR Iidabashi
SubwayIidabashiCenter(Iidabashi)

9F Tokyo Work Center ,3-10-3 Iidabashi, Chiyoda-ku

Osaki

2F West Tower
Gate City Osaki
1-11-1 Osaki, Shinagawa-ku

Ikebukuro4-23-9 Higashi Ikebukuro,
Toshima-ku

To reserve Bunkyo-ku, Toshima- Subway
at-center
ku, Kita-ku, ArakawaHigashi
consultation ku, Itabashi-ku, NerimaIkebukuro03（5954）6110 ku

Kameido

7F Kameria Plaza
2-19-1 Kameido, Koto-ku

To reserve Taito-ku, Sumida-ku,
Koto-ku, Adachi-ku,
at-center
consultation Katsushika-ku,
03（3637）6110 Edogawa-ku

Kokubunji

Tachikawa-shi, Musashinoshi, Mitaka-shi, Ome-shi,
Akishima-shi, Koganei-shi,
Kodaira-shi, Higashi
Murayama-shi,
To reserve Kokubunji-shi,
3-22-10 Minami-cho,
Kunitachi-shi, Fussa-shi,
at-center
JR Kokubunji
consultation Higashi Yamato-shi,
Kokubunji-shi
042（321）6110 Kiyose-shi, Higashi
Kurume-shi, Musashi
Murayama-shi,
Hamura-shi, Akiruno-shi,
Nishi Tokyo-shi,
Nishitama-gun

Hachioji

02-461 英語_てびき-本文.indd

3-5-1 Myojin-cho,
Hachioji-shi

38

To reserve
Minato-ku, Shinagawaat-center
ku, Meguro-ku, Ota-ku, JR Osaki
consultation Setagaya-ku
03（3495）6110

JR Kameido
Tobu Kameido

To reserve Hachioji-shi, Fuchu-shi,
Chofu-shi, Machida-shi, Keio Keio Hachioji
at-center
consultation Hino-shi, Komae-shi, JR Hachioji
042（645）6110 Tama-shi, Inagi-shi

2017/03/09

10:21:33

39
Name

Address

Tel.

Jurisdiction

Nearest station

14F Kudan No.3 Government General Labor
Ministry of Health,
Office Complex,
Consultation
L a b o r a n d We l f a r e ,1-2-1 Kudan Minami,CornerTokyo Labor Bureau
Chiyoda-ku
03（3512）1608

SubwayKudanshita
SubwayTakebashiTokyo Labor Bureau,
3F Tokyo Kotsu Kaikan,
Yu r a k u c h o G e n e r a l
2-10-1 Yurakucho, Chiyoda- 03（5288）8500
Labor Consultation
ku
CornerJR Yurakucho
SubwayYurakucho

The General Labor Consultation Corner of the Tokyo Labor Bureau can also be accessed by a freedial number: 0120 (601) 556.
*The number can be called from general phones within the Tokyo metropolitan area. It will connect you to the Yurakucho General Labor
Consultation Corner.

Labor Standards
Inspection OfficeChuo

6&7F Iidabashi Government
Office Complex, 1-9-20
Koraku, Bunkyo-ku

Chiyoda-ku,
Labor
JR Iidabashi
Chuo-ku, Bunkyo-ku,
consultations
SubwayTosho (excluding
03（5803）7381
IidabashiOgasawara-mura)

Ueno

7F Ueno Government OfficeComplex,1-2-22 Ikenohata, Taito-ku

Labor
consultations Taito-ku
03（6872）1230

Mita

Labor
3F Anzen Eisei Sougo Kaikan
consultations Minato-ku, 5-35-2 Shiba, Minato-ku
03（3452）5473

Shinagwa

3-13-26 Kamiosaki,
Shinagawa-ku

Ota

Labor
8&9F Tsukimura Building,consultations Ota-ku
5-40-3 Kamata, Ota-ku
03（3732）0174

JR KamataTokyu Kamata
KeikyuKeikyu Kamata

Shibuya

5&6F Shibuya Jinnan
Labor
Shibuya-ku,
Government Office Complex, consultations
Setagaya-ku
1-3-5 Jinnan, Shibuya-ku
03（3780）6527

JR Shibuya
JR Harajuku

Shinjuku

4&5F Shinjuku Labor
Government Office. 4-4-1
Hyakunin-cho, Shinjuku-ku

JR Takadanobaba
Seibu Takadanobaba
SubwayTakadanobaba

Ikebukuro

JR Ikebukuro
1F Toshima Local
Labor
Government Office Complex,
Toshima-ku, Itabashi- Subway Ikebukuro
consultations
Tobu Ikebukuro4-30-20 Ikebukuro, Toshimaku, Nerima-ku
03（3971）1257
Seibu IkebukurokuOji

2-8-5 Akabane, Kita-ku

02-461 英語_てびき-本文.indd

39

Labor
Shinagawa-ku,
consultations
Meguro-ku
03（3443）5742

Labor
Shinjuku-ku,
consultations Nakano-ku,
03（3361）3949 Suginami-ku

Labor
consultations Kita-ku
03（6679）0183

SubwayYushima
JR Okachimachi
JR UenoJR Tamachi
JR Mita

JR Meguro
JR Gotanda

JR Akabane

2017/03/09

10:21:33

40
Name

Address

Tel.

Jurisdiction

Nearest station

Adachi

4F Adachi Local Government
Office Complex, 4-21 Senjyu
Asahi-cho, Adachi-ku

JR Kita Senjyu
Tobu Kita Senjyu
Labor
Adachi-ku, Arakawa- Subway Kita
consultations
Senjyuku
03（3882）1188
Tsukuba Express
Kita Senjyu

Mukojima

4-33-13 Higashi Mukojima,
Sumida-ku

Labor
Sumida-ku,
consultations Katsushika-ku
03（5630）1031

JR Kinshicho
SubwayKinshicho

Kameido

8F Kameria Plaza
2-19-1 Kameido, Koto-ku

Labor
consultations Koto-ku
03（3637）8130

JR Kameido
Tobu Kameido

EdogawaLabor
2-4-11 Funabori, Edogawa-ku consultations Edogawa-ku
03（6681）8212

SubwayFunabori

Hachioji

Labor
Hachioji-shi,
3-8-10 Myojin-cho, Hachiojiconsultations Hino-shi, Inagi-shi,shi
042（680）8752 Tama-shi

Keio Keio Hachioji
JR Hachioji

Tachikawa

Tachikawa-shi,
Akishima-shi,
Fuchu-shi, Koganei3F Tachikawa Localshi, Kodaira-shi,
Labor
Government Office Complex,
Higashi Murayamaconsultations
4-2 Midori-cho, Tachikawashi, Kokubunji-shi,
042（523）4472
shiKunitachi-shi, ,Musashi Murayamashi, Higashi Yamatoshi

JR Tachikawa
Tama
MonorailTachikawa
Kita
Tama
Monorail
Takamatsu

Ome

2-6-2 Higashi Ome, Ome-shi

Ome-shi, Fussa-shi,Laborconsultations Akiruno-sahi, Hamura0428（28）0058 shi, Nishi Tama-gun

Mitaka3F Crystal Park Building,
1-1-3 Gotenyama,
Musashino-shi

Musashino-shi, Mitaka-shi,
Labor
Chofu-shi, Nshi Tokyo-shi, JR Kichijoji
consultations Komae-shi, Kiyose-shi,
Keio Kichijoji
0422（67）0651 Higashi Kurume-shi

Machida2F Machida Local
Labor
Government Office Complex, consultations Machida-shi
2-28-14 Morino, Machida-shi 042（718）8610

JR Higashi
Ome

JR Machida
OdakyuMachidaOgasawara General 152 Aza Higashi-machi,
04998（2）2102 Ogasawara-mura
Chichijima, Ogasawara-mura
OfficeOpening hours:
9 a.m.- 5 p.m.
9F Tokyo Work Center,
Closed: Sat., Sun.,
3-10-3 Iidabashi, Chiyoda-ku
Public hols., End-of- JR Itabashi
Tokyo Metropolitan (Attached to the Tokyo
03（5215）5857 year/New year hols., Subway
Labor Data Center Metropolitan Labor
15th of every month Itabashi
Consultation Center)(the day after if the
15th is a regularclosed day.)02-461 英語_てびき-本文.indd

40

2017/03/09

10:21:33

41

Relevant Laws and Ordinances
Conciliation
Labor Relations Adjustment Law			

Articles 12-14

Labor Relations Commission Rules 			

Articles 64-66

Local Public Corporation Labor Relations Law *Article 4

Meditation
Labor Relations Adjustment Law			

Articles 18-26

Labor Relations Commission Rules			

Articles 69-76

Local Public Corporation Labor Relations Law*

Article 14

Arbitration
Labor Relations Adjustment Law			

Articles 30-34

Labor Relations Commission Rules			

Articles 78-81

Local Public Corporation Labor Relations Law*

Articles 15, 16

Unfair Labor Practice
Trade Union Law			

Articles 7, 27, 32

Labor Relations Commission Rules			

Articles 32-45, 51

Local Public Corporation Labor Relations Law*

Articles 4, 16-3

Examination of Qualifications
Trade Union Law			

Articles 2, 5, 11

Labor Relations Commission Rules			

Articles 22-27

Local Public Corporation Labor Relations Law*

Article 4*Official name: Law on Labor Relations of Local Public Corporations,etc.

02-461 英語_てびき-本文.indd

41

2017/03/09

10:21:33

02-461 英語_てびき-本文.indd

42

2017/03/08

21:11:18

Guide to the Labor Relations Commissions
Printed and Published in March 2017by the Secretariat to Tokyo Metropolitan Government

Labor Relations Commission

37th floor of the south part of TMG No. 1 Bldg. 2-8-1,
Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-8001

Consultation 03 (5320) 6996, 6995
Tel. (direct telephone number)
Adjustment 03 (5320) 6994
Examination & Adjustment Section Examination 03 (5320) 6990, 6992,
6987
Homepage http://www.toroui.metro.tokyo.jp/

Printed by Ginza Print Co., Ltd.

二校02-461 英語_てびき-表紙.indd

3-4

2017/03/09

11:42:05

Map of Area around the Tokyo Metropolitan Government Office Building
Om

e-k

Ｎ

aid

o

Tokyo Metro
Marunouchi Line
Nishi Shinjuku Sta.

Shinjuku
I-Land Tower

Hyatt
RegencyTokyo

Shinjuku
Sumitomo
Building
Tochomae Sta.

Shinjuku
Chuo ParkTokyo Metropolitan
Tokyo Metropolitan
Government No.1
Assembly Building
Building

Tokyo Metropolitan
NS
Government No.2
Building
Building

Seibu
Shinjuku
StationToei Oedo Line
Shinjuku Nishiguchi Sta.

Shinjuku
Mitsui
Building

GUIDE TO THE LABORRELATIONS COMMISSIONSTokyo Metro
Marunouchi Line
Shinjuku Station

Shinjuku
CenterBuilding

Keio
Plaza
Hotel

JR
Shinjuku
StationKDDI
Building

ido

u-ka

Kosh

ine
injuku L
Toei Shu Sta.
k
ju
in
h
S

Keio
ShinjukuOdakyu
Station Shinjuku
StationToei Oedo Line
Shinjuku Station

Secretariat to Tokyo Metropolitan Government
Labor Relations Commission
37th floor of the south part of TMG No. 1 Bldg.
2-8-1, Nishi-Shinjuku, Shinjuku-ku, Tokyo 163-8001*Please use elevator H
Telephone Consultation 03 (5320) 6996, 6995
Adjustment 03 (5320) 6994
Examination 03 (5320) 6990, 6992, 6987
Homepage http://www.toroui.metro.tokyo.jp/

Secretariat to Tokyo Metropolitan
Government Labor Relations Commission

02-461 英語_てびき-表紙.indd

1-2

二
校
2017/03/09

11:42:05