The labor relations commission as an organization to resolve collective labor disputes

Introduction Half a century has passed since the inception of the current system of orders from Labor Relations Commissions to provide relief from unfair labor practices and during this period, each of the Commissions has resolved many cases, either by decree or through conciliation. Judgment of whether or not a case represents unfair labor practice and of the nature of the orders that should be issued has now become a relatively routine matter for the Commissions and many of their actions have also been ratified in court. Labor Relations Commissions have played an extremely important role in the protection of trade unions or their activities in Japan. Be that as it may, the unfair labor practice remedial system also faces many difficult problems. The number of cases being filed is decreasing and many are individual rather than collective labor disputes. In addition, traditional problems such as the delay in processing cases and the lack of effective remedies remain. Also, the rather peculiar situation now occurs in which 20-30% of Labor Relations Commission orders are cancelled by revocation suits. The decline in the unionization rate and the influence of trade unions are the first things that we can point out as occurring against this backdrop and the efficacy of the Labor Relations Commissions is a problem. Also, there has not been sufficient debate or research on the unfair labor practice remedial system or the legal principles pertaining to unfair labor practices. In this paper, I would like to discuss the background to the formation of the system of Labor Relations Commissions in its role of resolving collective labor disputes and to look at some of the problems it faces. On this basis, I will also make an overview on the amendments to the Trade Union Law in 2004 and will conclude by considering what issues lie ahead in terms of improving the system for handling collective labor disputes.