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Collective Bargaining May 14th

BEGUNTO and Berlitz Japan Management held a collective bargaining session on May 14th.

BEGUNTO executive election results

The election committee assembled, counted ballots and declared results. The new executive comes into effect April 2nd. While some of the names are familiar on the roster, there are some changes. Paul Kennedy is president. Both vice presidential posts have been filled this year; Paul Baca and Walter Fahnestock. Yancey Co remains treasurer. Michelle English is the General Secretary. There was no candidate offered for foreign language (non-English) officer this year.

Shunto 2012

On March 26th, Union representatives attented SHUNTO Collective Bargaining at Berlitz Japan Headquarters. Our 2012 demands are very similar to last year’s. Changes are outlined and explained below.

1) The company reinstate Walter Fahnestock and pay all back pay.

2) Company implement a 3% base up pay hike for all employees. (Last year we asked for 2.3%. Previously having asked for and struck for 4.6%, then we lowered our demand because of the bad economy and business situation. However, this year showed good profits- a memo publicly posted for employees stated this- so we increased our demand to reflect this).

3) The company pay a month’s bonus for all employees. (Last year we asked that “The company introduce a bonus system based on lesson volume – one month’s salary for every 10% annual increase in lesson volume, pro-rated accordingly.” This year’s demand is less complicated to impliment and understand.)

4) Company retract the warning letters regarding industrial action issued to those who struck after Nov 10, 2008.

5) Company disclose quarterly profit/loss statements and annual balance sheets to union. (Berlitz maintains that it’s a private company and had no obligation to reveal any information, but a Union negotiator remembers them doing so in the past. The Union’s stance is that it would consider adjusting it’s demands based on the financial state of the company.)

6) Company maintain former pension enrolment criteria irrespective of Shakai Hoken enrollment.

7) Company negotiate with and obtain consent of Betunto before implementing any policy change or initiating any new policy.

8 ) Company immediately re-enroll all teachers kicked off Shakai Hoken or private pension scheme.

9) Company enroll all employees who wish to be in Shakai Hoken.

10) Company drop civil court case against the union executives and unions and withdraw the appeal which they made to the higher courts, upon losing the case in the Tokyo Court in Feb 2012.

11) Company pay five minute intervals before and after each scheduled unit of work at instructor’s rate

The Management’s side seemed more willing to negotiate at first, but still insisted on using Japanese only, and refused to allow their translator to translate for the Union side. They claimed that we have members who can speak Japanese. The Union maintains that the main language has always been English, and many members can’t understand Japanese. Therefore, so we’d like to continue using English. The Union representatives attended as negotiators, not translators. Management’s lawyers continue to pressure the Union to change its policy and established practice.

The lawyers gave responses in Japanese to the demands we submitted in English, so by the end of the collective bargaining session, the Union executive is unclear about the meanings. We therefore asked for them written down in English, which we were promised at a later date.

several notes: Regarding being paid in the 5 minute breaks, the company maintains that we must write the goals and fill in the finished points during the lesson, at the end, thus enabling the teacher to be totally free during their ‘five minute break.’ The Union points out that it’s not just that:
-counselors often want to talk to teachers about students
-teachers have to get sample text books for students
-explain the last point to other teacher’s they’re handing off to
- talk to a supervisor about schedule changes or other issues
- find the correct material and file everything away properly, and more.
Therefore, we are doing work. Management can’t tell us that it’s not work and then tell us to do the work and not get paid.

Regarding the ‘base up,’ the company states that teachers are paid enough, and also that since the company can’t raise student tuition, it can’t justify giving teachers bonuses or raises. The Union points out that the performance pay scales were ‘halved,’ so whereas in the past there may have been a increase in 10 yen per pay scale, there’s now an increase of 5 yen per pay scale.

The Management side did not make any counter proposals, offers, consessions, or compromises to the Union.

Please take a look at our poll to the right under the calendar, and vote anonymously on “Do you always have a full five minutes to relax between classes?”

discussion of changes to work rules, and IPE

Today, Monday the 19th, BEGUNTO representatives met with Management to discuss the new Instructor Performance Evaluation system. We also asked questions to get clarification about changes to the Policies and Procedures Manual, and voiced our concerns. A lot of changes were reviewed. While some changes are due to legal changes, there were others dealing with clarification and a few changes which the union regards as erosion of working conditions.

The meeting was reminiscent of how they used to be before the court case- conducted in English with clear communication. Thank you.

Protest on Tuesday near HQ

Tuesday afternoon from 12:30 – 1:30, Begunto, its parent union Nambu, sister union Tozen and other supporters, protested in front of Berlitz Japan HQ in Aoyama-icchome. People handed out fliers to the passers-by, made speeches, protesting the facts that Berlitz not only sued the union claiming illegal strike practices, but also appealed the court’s decision supporting the Union’s defense. That you to everyone who came to show their support.

Tokyo Court Verdict (details)

Quick background:
From 2007-2008, the Union went on a series of strikes to realize some demands, mainly a 4.6 base-up salary raise for all employees (who haven’t had a cost of living raise for over 16 years), and a bonus of one month’s pay. (Language schools don’t give bonuses, unlike most companies in Japan which give 3-5 months extra in bonuses annually.) Striking is a legal act and right guaranteed in the constitution of Japan, and the Union has done everything in accordance to the rules.

However, in November 2008, Berlitz issued warning letters to cease striking or action will be taken against members. Then the company sued the Union executives, seeking to receive 110 million yen from each ($1,370,700), for damages for allegedly illegal striking. The Union then suing the company at the Tokyo Labor Commission for illegally interfering with the strikes- proceedings which are still ongoing.
Tozen Union has shown tremendous support and solidarity.


After about four years since the start of the strike, a verdict had been reached:

The court’s ruling is such: Regarding this strike in its entirety and in the details (objectives, procedures, the form of the strike), it cannot be said that there is any reason to deny the legitimacy of all these points, and therefore, there will be no compensation awarded to the company from the Union or individuals. Therefore the judgment of this court is that all claims of Berlitz are rejected.

Berlitz was asked but was unable to produce hard evidence of exactly how much financial damage was caused by the strikes, or any proof of any intent other than to realize demands.

Berlitz Japan claimed that Union members were only trying to damage the company. The court did not recognize any lack of legitimacy over the objectives of the strikes. The court agreed that the Union members were striking with the purpose of realizing the demands clearly made to management in 2007.

Berlitz claimed that strikes with notification three or four minutes before the lesson were illegal, that some strike notices were given after the start of the strike, that sometimes the strike notice had the wrong date, or had no date.
The company also complained that the Union targeted language centers where people to cover (scabs) could not be procured in time.

The courts response to this is as follows: There has been no previous agreement on how much notice to give for the strike and no customary practice. The amount of time given before the strike reflects the amount of trust between management and the Union. The most important factor in determining that is how the workers themselves work and how the work schedule is set up. Teachers don’t know their schedules until 7 PM or even later, so these things must be taken into consideration. Because of this it cannot be considered illogical and illegitimate to strike each lesson at a time.

The company claimed that a Union member published a newspaper article about the strikes in the Japan times with the intent to progressively damage the company. However, the court agreed that there’s no evidence to suggest that the article’s intent was such.

Thank you very much to everyone who has supported the Union and the court case over this long process. Let’s continue to show solidarity and work to make a good relationship with management.

Verdict of Berlitz vs BEGUNTO

We won.

The Tokyo District Court has ruled that all of Berlitz Japan’s claims against the Union regarding strikes has been rejected.

More details to come.