November 27, 2014

The Osaka District Court on November 26 ruled that the Osaka City government illegally turned down a request from a teachers’ union to use municipal school buildings to hold study sessions and ordered the city to pay 410,000 yen in compensation for damages.

The teachers’ union had intended to hold a study meeting and workshops in public elementary schools in 2012 and 2013. However, the principals of these schools rejected applications for the use of the school facilities on the ground that a city ordinance prohibits the city government to give favors to labor unions. Arguing that this action by the school authorities was illegal, the union filed a lawsuit with the district court demanding compensation.

The court ruling pointed out that Osaka City Mayor Hashimoto Toru aimed to hinder city workers from exercising their right to organize by introducing this ordinance. The court stated that it is unconstitutional for the public school principals to use the ordinance to justify their decision to turn down the applications for the stated use of the school buildings.

The court ruling acknowledged the school principals’ rejections based on the ordinance as unreasonable and an abuse of discretionary power.