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2009 September 9 - 15 TOP3 [LABOR]

Top court voids unjust reshuffling by Northwest Airlines

September 11, 2009
The Supreme Court on September 10, upholding a lower court decision, invalidated the forcible transfer of five flight attendants to ground-work positions at Northwest Airlines Japan on the grounds that it is an abuse of power.

The top court also ordered NWA Japan to pay five plaintiffs 4.4 million yen in compensation.

The U.S. Minnesota-based carrier had regarded these workers as redundant and forcibly reshuffled them to the customer service department using the excuse of a business slump.

The Tokyo High Court, however, ruled that a surplus in labor force was created by the airlines itself by replacing its full-time workers with part-time staff, criticizing the widespread displacement of workers to non-regular employment positions.

At a news conference held after the highest court judgment, plaintiff Shimizu Akihiko said, “NWA Japan hired contract workers to create an excess in personnel in order to remove its regular employees. The court decision has denounced this tactic, and this is significant.”

Takeshima Masahiro, secretary-general of the Japan Federation of Aviation Workers’ Unions, said, “Flight attendants have a mission to protect the lives and safety of passengers, which is an expertise that shouldn’t be neglected by transferring them to other jobs. The Supreme Court decision will be useful in our struggles to ensure safety.”
- Akahata, September 11, 2009
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