Tokyo Labor Commission Update & Verdict Announcement Date

On January 26th, Berlitz Management gave testimony at the Tokyo Labor Commission and explained their perspective of the Union strikes, actions of the company, and methods of collective bargaining. Berlitz’ lawyers asked the questions this time, and on March 2nd (Friday) at 3 PM, the Union side will have a chance to question management. Please feel free to come and listen. It’s open to anyone- you don’t have to be a member to attend. Feel free to email us if you have any questions. begunto1@yahoo.com

On February 27th, the verdict will be announced for the Berlitz vs Union civil case. This is a big event, and about four years in the making. Please feel free to attend. Again, you don’t have to be a member to attend. This will happen at the Tokyo District Court in Kasumigaseki at 10:15 AM (Monday)

past and upcoming testimonies

On December 19th, the Union side offered testimony at the Tokyo Labor Commission through Mr. Wayne Viola, a senior teacher, who has been a Begunto member since the mid 1990s. The main issue is “bargaining in bad faith, and trouble with collective bargaining and negotiation.” Our side asked Mr. Viola to explain how English was the established language of negotiation through the decades until the lawyers arrived in 2009, and after that, would only speak to us in Japanese. This put up a communication barrier that made it very difficult to get any real negotiating done.

The lawyers on MGT’s side got to interrogate Mr. Viola, and tried to get him to admit that switching to Japanese was not such a big problem. For us, it has been an obstacle slowing down the process where instead of asking the native English speaking manager directly, we had to ask in English which was translated (by a Berlitz translator) to the lawyers in Japanese. They either answered in Japanese, or would speak quietly to the manager through the translator, get the inaudible answer translated back from the manager, and then answer us in Japanese with no translation at all for our side who initially asked the question in English!

On January 26th at 10 AM, the Union will have a chance to question management representatives. We welcome and encourage all who would like to attend.

Directions: Take Oedo Line to Tochomae Station, Exit A3, up two flights of escalators, pass passport office, up stone steps, into Bldg. 1 (dai-ichi honchosha) of Tocho Bldg., up elevator H to 34th floor. Check bulletin board for room number.
Or take underground pathway from West Exit of Shinjuku Station to Tokyo Metropolitan Bldg. (i.e. Tocho).

Dates to remember:
The verdict in the court case will be announced on:
February 27, 1:15 pm, Room 631, at Tokyo District Court

Labor Commission Testimony results

Wednesday, October 26th, Begunto President Paul Kennedy and Treasurer Yancy Co gave their testimonies in front of the Labor Commission. They spoke about the reasons for the previous strikes, strike methods, and collective bargaining in bad faith. Thank you very much to those who attended.

Next, will be the cross-examination on Tuesday, November 29th, from 2:00 to 4:30 in the same location,34 floor at The Labor Commission Office in Tocho Building (or Tokyo Metropolitan Government Building).

Directions: Take Oedo Line to Tochomae Station, Exit A3, up escalators, past passport office, up stone stairs, across semi-indoor plaza, up H elevator to 34th floor. Or walk to the towers from the West Exit of JR Shinjuku Station through the underground corridor.

If you can, please come and show your support.

Labor Commission Testimony 10/26

The next step in our case, The Labor Commission Testimony, will be held n Wed. Oct. 26, from 1pm to 5pm. Louis Carlet will be questioning the first pair of witnesses. Actual testimony starts at 1:30pm but come early to get a seat. Berlitz General Union Tokyo Executive President Paul Kennedy will testify at 1:30, followed by Treasurer Yancey Co. Please come and support unions and the right to strike to protect our jobs and working conditions.

There will be more testimony at the Labor Commission later this year, including cross examination of management witnesses, so watch this space for more information!

DETAILS:
34th Floor, Wed., Oct. 26, 1pm
Tocho Building (or Tokyo Metropolitan Government Building; the tall art deco twin towers in West Shinjuku)
Take Oedo Line to Tochomae Station, Exit A3, up escalators, past passport office, up stone stairs, across semi-indoor plaza, up H elevator to 34th floor. Try to arrive by 1:15pm at the latest. You can also walk to the towers from the West Exit of JR Shinjuku Station through the underground corridor.

Trial Testimony Results

September 15th, Thursday
Trial Testimony 10:15am-12pm

outcome:
Catherine Campbell gave her testimony, answering all the lawyers’ questions about how the 2007-08 strikes were legally carried out according to the Japanese law. It has been over two years since management sued the union, alleging that the strikes were intended to damage the company. We have yet to see any evidence to support that claim.
This was the last trial and testimony, and the next step is waiting to hear the verdict. The date for this had not yet been set.

Important Upcoming September Events

September 5th, Monday
Labor Commission Hearing 1:30pm-3:00pm

Shinjuku Government offices (Tocho-mae Sta.)
Begunto is still contesting the anti-union activities of the company during and after the strike.  Everyone is welcome to attend.  We meet in the lobby of Tocho at 1 pm.

September 11th, Sunday
Union Assembly 5:00 pm- 7:00 pm
Summer Assembly for all shop stewards.  Members are welcome to attend.  If you have something to say, or find out what is happening at other schools, please attend.

September 15th, Thursday
Trial Testimony 10:15am-12pm
Civil Court (Kasumigaseki Sta.)
Final day of testimony in the civil trial Berlitz vs the Union.  They say our strike is illegal and we say it’s legal.  It’s so important to show our support and solidarity on this final day of the trial. Come early to get a good seat!

begunto1@yahoo.com

Summary of June 11th Collective Bargaining

Issues discussed at June 11th collective bargaining:

  • Two students were left behind and not evacuated from the Atsugi school during the March 11th earthquake. Staff officially claimed they evacuated, but a teacher who went back up found them there. This is one reason why we are stressing that employee safety training is so important and should be a priority.
  • Begunto asked for a definition of what’s a reasonable or legitimate disrequest, and what’s unreasonable and should not be counted. For example, disrequesting someone based on gender or race should be considered illegitimate.

Management said there were no rules or clear standards.  (However, in the work rules, Berlitz management states that it’s committed to equal opportunity and would not discriminate against race, color, religion, national origin, physically challenged, gender, age, sexual orientation, or maritial status.)

The decision of reasonable or unreasonable used to be up to the I.S. If the teacher got a disrequest for something regarding the lesson content, the I.S., who is also a teacher, would listen to the teacher’s next lesson and determine the quality. Now, in some cases the teachers aren’t shown the disrequest paper or given the chance to write a comment and sign it, even though there’s a place on the form for the teacher’s comments.

Begunto would like to see disrequests handled at the local level first, before any disciplinary action is taken by HQ.

One Begunto member made a point that he received a disrequest from one student that prompted a request from another (strict correction). Therefore why punish the teacher for a student’s personal preference, if the teacher is doing his job using the Berlitz method?

  • Begunto asked, how many disrequests can one get before suspension?

Management replied that again, there was no rule or clear standard, and it depends on the disrequest.  Begunto would like to know who decides, and would like to have an official standard for what number of disrequests would lead to disciplinary actions.

  • Begunto asked that Management train all staff and teachers in safety procedures, update personal information on a yearly basis, and also provide information for Other Language teachers who travel frequently.

Management’s response was that they are working together with HR in putting together a multi-lingual emergency manual. They are also attempting to get kids to carry contact information of their parents. However, personal information is only updated if there’s a change, and Management said that it’s not necessary to recheck every year.
Begunto thinks it is necessary.