Unfair labor practice cases handled by the Tokyo Metropolitan Government Labor Relations Commission

The Tokyo Metropolitan Government Labor Relations Commission (Tokyo LRC) handles one-third of all unfair labor practice cases and a quarter of all collective dispute adjustment cases filed with the 47 Labour Relations Commissions in Japan. It therefore plays a significant role in dispute resolution and establishing norms in Japan’s collective labor relations. To clarify the functions of the Tokyo LRC, this paper focuses on its handling of unfair labor practice (ULP) cases entrusted to tripartite members of the Commission. Cases recently filed with the Tokyo LRC are characterized not only by their abundance but also by their distinctive nature. Firstly, around 70% of ULP cases are filed by so-called community unions, which actively organize dismissed or dissatisfied workers across corporations in a given district. Secondly, ULP cases occurring in other prefectures are often filed with the Tokyo LRC because the company head office or labor union is located in Tokyo. And thirdly, a number of cases where more than one union exists in a defendant company and the minority union alleges discriminatory treatment by the employer against its members are also characteristic of cases in Tokyo. The Tokyo LRC places more significance on settlement-oriented handling than on simply swift adjudication of cases, since settlement represents a final and conclusive resolution of a dispute and is effective in establishing better labor relations for the future. However, this approach tends to prolong the ULP procedure. Thus, how to reconcile the promotion of settlement and the need to expedite procedures is one of the challenges the Tokyo LRC faces today.