Japan Press Weekly

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2015 July 8 - 14 [LABOR]

IBM Japan’s refusal to negotiate with union again recognized as unfair labor practice

The Central Labor Relations Commission on July 10 upheld the Tokyo labor relations board recognition that Japan IBM’s refusal of collective bargaining with “lock-out” dismissed union members constitutes an unfair labor practice under the labor standards law, and ordered the company to post a notice promising to not repeat such unfair labor practices.

Japan IBM has dismissed workers by using the so-called “lock-out” dismissal tactic in which targeted workers are suddenly notified of their dismissal and locked out of the office.

On September 18-20, 2012, six members of the All Japan Metal and Information Machinery Workers’ Union (JMIU) IBM Japan branch were separately called for a private interview with their boss. They were forced to decide whether to accept the dismissal or offer voluntary resignation within five days. The union requested IBM Japan to explain the reason for the six union members’ dismissals in negotiations with the union, but the company rejected the union’s demand. In the following year, the JMIU IBM branch filed with the Tokyo Labor Relations Commission a complaint, claiming that IBM Japan’s lock-out dismissal and refusal of collective bargaining violate the Labor Standards Act. In April 2014, the local labor authority issued a decision in support of the union’s claim, but the company appealed to a higher labor authority.

After the central labor board’s decision, the union and its lawyers held a press conference at the Labor Ministry building. JMIU IBM Japan branch chair Oka Yoshihisa said, “Of the 35 union members who suffered lock-out dismissals, 12 are waging court battles to achieve the retraction of their dismissals. We are highly encouraged by the central commission’s decision.”

Past related articles:
> Another union member sues IBM Japan for ‘lockout’ dismissal [July 5, 2014]
> Labor authority says IBM’s refusal of collective bargaining illegal [August 29, 2013]
> Another two union members sue IBM for their ‘lockout dismissals’ [June 21, 2013]