Court Decision on Suit against Japan Railway Construction Public Corporation	No.628 April 7, 2009
		The Tokyo High Court supported the appeal of workers filed against the Japan Railway Construction Public Corporation (JRCC). Though the decision is not completely fair, it will not work negatively on struggles to come from now. It admits the attained judicial results, enabling to unite the relevant labor organizations and parties more firmly. The 22-year-long labor dispute has gone through judicial struggles to the Supreme Court with a request of a political solution to satisfy the plaintiffs and supporters COURT DECISION IS NOT FAIR, BUT KEEPS ATTAINED RESULTS The Tokyo High Court gave a ruling March 26 on the employment discrimination made by the newly privatized JR corporations against specific workers (litigation against JRCC). The court fundamentally rejected the appeal presented by members of the Kokuro Railway Workers’ Union and admitted the employers’ policy to discharge workers. A sum of 5.5 million Yen a worker in compensation does not correspond to the 22-year-long sufferings. The ruling is unjust, including the reduced amount of payment to the workers who had been unable to accept employment offers in other prefectures. Unfair Labor Practices Highlighted Despite the above-mentioned shortcomings, the court decision guaranteed the bridgehead established during the two decades. This provides the relevant parties with a fresh starting point to continue struggles. The High Court clearly acknowledged a fact for the first time that unfair practices had been made against workers, explaining that ‘the National Railway Corporation had an intention to collapse the Kokuro Trade Union’, and, subsequently, it turned down the judgment of prescription of suit. The position will favorably work on other cases, too, for instance against the Japan Railway Construction, Transport and Technology Agency (JRTT). Presiding Judge Minami Toshio publicly stated in the trial that he hoped an early settlement of the problem of discharged 1047 workers in the context. Such a comment is unusual and its influence is great. Newspapers carried articles to stress the importance of judgment and sufferings of plaintiffs and urged ‘an early solution of the problem’ as a common request to the government. A prompt settlement by politicians is necessary along the judicial processes. But the JRTT, an authority to comply immediately with the unions’ demand for negotiation, appealed to the Supreme Court. The agency itself has postponed negotiation talks with an excuse to claim for a court decision to engage in the deal. Now it has appealed to the highest court, which is outrageous. The railway workers’ struggle won political support and sympathy as was seen in the February 16 rally, which all the parties joined with an exception of the Liberal Democratic Party. The Ministry of Land, Transport and Infrastructure, however, refuses talks with the trade unions, insisting that ‘after studying the ruling’. What do Politicians Do? Lawmakers must respond sincerely to solving the problem and root out unfair labor acts. This constitutes the biggest employment policy to cope with the on-going depression. In the history of the United States, the National Labor Relations Act, the Wagner Act, was encted during the Great Depression as a major instrument of the New Deal Policy. It encouraged developments of trade unions with an objective to remove unfair labor practices. In Japan today workers are fired rampantly. What do politicians do? They complain about the failed neo-liberal package in which the jungle philosophy prevails. If they indeed believe so, why don’t they review the privatization of national railway, which is the first attempt to advocate free discharge of workers by employers? Three Indispensable Demands In order to win a political solution the eight relevant organizations must be united. The court decision assures the conditions. At the initial moment a few plaintiffs filed the suit against the JRCC, which consequently opened a path to incorporate other legal cases and to win sympathy. That has led to unity of the organizations. The court decision will speed up procedures. The head office of the Kokuro Trade Union appreciates it and has issued a statement to continue commitment. In the rally on March 26 evening after the court had ruled, President Nihei Hisakatsu, Council to Support National Railway Workers’ Struggle, emphasized: ‘bureaucrats will offer a solution on money (only) terms. But employment, pension and compensation must be a package to keep so that workers may not be at a loss. This is the stance of the relevant parties and unions.’ Workers on sit-in in front of the Diet building were fully aspired and encouraged as the High Court had held the judicial attainments. They are ready to continue fighting. Let’s campaign across the country to demand an early solution of the problem..