NUGW�Tokyo�Nambu�Tel: 03-3434-0669 Fax: 03-3433-0334

nugw_ts@jca.apc.org

www.nugwnambu.org

General�Union�–�Kansai�&�Tokai�Tel: 06-6352-9619 Fax: 06-6352-9630

Tokai Tel/Fax: 052-561-8555

union@generalunion.org

www.generalunion.org

Fukuoka�General�Union�Tel/Fax: 092-473-1222

fukuoka@generalunion.org

www.fukuoka.generalunion.org

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In October 2010, the General Union

reported GABA to the Securities and

Exchange Surveillance Commission

for failing to declare the presence of

a trade union in their annual report

to stockholders. This is in direct

violation of regulations.

The presence of a union at GABA,

and the right of GABA instructors to

organize, was recognized by Osaka

Labor Relations Commission in

December 2009.

In response to an article on the

union’s website about this, GABA

has sued the union for libel,

demanding 58,000,000yen in

damages and legal costs.

The General Union believes that our

activities are protected under article

seven, paragraphs one through three

of the Trade Union Law, and that by

suing the union, GABA is

interfering in trade union activity.

On May 16th, the union lodged a

third Unfair Labor Practice suit at

the Osaka Labour Commission

against GABA Corporation and for

the first time, also included GABA’s

owner, Daiwa Corporate Investment

Co. Ltd.

(See – GU suit…” pg. 2)

S u m m e r � 2 0 1 1

N e w s f r o m t h e G e n e r a l U n i o n ( K a n s a i & T o k a i ) , N U G W T o k y o S o u t h , F u k u o k a G e n e r a l U n i o n

� Losing�university�classes?�

� Victory�at�Okamoto�Giken�

� GU�at�private�language�schools�

� FACEBOOK:�Is�the�boss�watching?�

IInnssiiddee tthhee ““VVooiiccee””

The union is asking for the following relief:

Claimant=General Union, Defendant A=GABA, Defendant B=Daiwa.

1. Defendant A must not interfere and/or hinder the publicity activity of the

applicant by demanding deletion of the article on GABA compliance on

the applicant's website and demanding an apology over it.

2. Defendant A must not intimidate union members by putting pressure on

the applicant, claiming an outrageous amount of groundless

compensation for damages against the claimant over the claimant’s news

on their website.

3. Defendant A must pay 58,200,000 yen to the claimant for interfering with

the claimant's lawful rights and basic activity, thus interfering with the

organizational activities, by actions described in items one and two

above.

4. Defendant B must apologize for refusing demands for collective

bargaining from the claimant to discuss rectification of GABA's illegality

for no good reasons while having an overwhelming management right

over GABA and accept the demand for collective bargaining in good

faith.

5. Defendants A and B must display an apology, written in print on white

wood boards of the size of 1m high and 2m across in black ink, at

prominent places at the main entrances of all the workplaces of the

companies, for 4 weeks, within one week of the date of receipt of this

order.

For the second straight year General

Union members working at

universities are not waiting around

in fear of losing classes in the next

academic year. Our members are

taking a proactive approach and are

having the union submit demands

for no reduction in koma or

worsening of working conditions in

the 2012 academic year.

Often we have waited to negotiate

with universities after we have

found out about cuts in koma. While

we were often successful even after

a decision was made it is much more

difficult to negotiate cuts when they

have already been made.

Following up on our success in the

2011 academic year where we made

similar demands at five universities

and saw no cuts in koma for union

(See – “Don’t wait…” pg. 3)

National Union Voice

Summer 2011

Page 2

the General Union will not be

bullied, we will not knuckle under.

The union and our members will not

stop until GABA obeys its

obligations, and provides worker

benefits like all the major language

schools.

The General Union stands by its

original claims and is fighting

GABA's suit in Tokyo District

Court. Hearings began on January

28th and the case is on-going.

We would like to make it clear that

ECC's annual evaluation process for

native English instructors is broken.

Typically, an employee evaluation

should create standards and goals.

While native teachers are given an

employee handbook and work code,

ECC does not give its instructors

goals, or at least, does not give them

realistic ones that can be achieved.

As instructors all have varied

schedules and different lesson types,

goals should be different from

instructor to instructor. More

importantly, they need to be

feasible.

The most important part of an

evaluation is the one on one meeting

between the evaluator and the

employee being evaluated. This is

totally non-existent in ECC's system.

How on earth did this happen? Why

does ECC continue to allow it to

happen?

In most cases, the evaluator lacks

the language skills to conduct a

proper meeting with the one they are

evaluating. Good communication is

essential for the evaluation to be of

any use, so what does this say of the

communication in the office? The

grades given during the end-of-year

evaluation should not be a surprise

to the one being evaluated, but more

importantly, it should not be the first

time the one being evaluated is

learning of matters that need

attention.

The process ECC uses for instructor

evaluations is purely opinion based,

and is usually done in haste. One

must wonder if the evaluators even

understand the forms they’re

required to complete. When asked

what an instructor must do to get a

grade of out-standing, two

evaluators couldn’t even put it into

words.

Some Questions:

How does a teacher who arrives well

before their shift starts only get a

grade of “very good” for

punctuality?

How does a teacher who documents

with greater detail in comparison to

previous years get a “needs

improvement” in the record keeping

category when the grades for

previous years were “very good” by

the same evaluator?

How does a teacher who’s been

given no notice of schedule changes,

or little time to prepare for a sudden

model lesson, only get a “very

good” for adaptability?

How does a teacher who goes out of

thier way to vacuum classrooms

dirtied by craft activities; who

straightens up the office area,

textbooks and flashcards; who

checks school bulletins for grammar

errors; who makes scrap paper; who

photocopies advertisements, cuts

them and places them into tissues

only get a “very good” in the

helpfulness category?

How does a teacher whose overall

evaluation grade average is “very

good” only receive half of the

maximum raise allotted? ECC has

four different grade types:

Out-standing, Very Good,

Satisfactory and Needs

Improvement (listed from top to

bottom). If “very good” is second

from the top, shouldn’t a teacher’s

whose overall average is “very

good” receive three-quarters of the

maxi-mum raise?

Why doesn’t a teacher get a grade of

outstanding for “approachability &

receptiveness” if they’ve done

everything asked by staff without

putting up a fuss or a change in

attitude? And what about the time a

teacher spends talking to potential

students and current students? Are

these not taken into consideration as

well?

Time For Change

If ECC honestly wants to improve

the working relationship with its

native English-speaking employees,

it needs to re-invent the evaluation

process. A start would be to set aside

time for a one-on-one meeting with

the employee being evaluated by the

evaluator—this needs to happen. A

system that prevents the evaluator

from speaking with the one being

evaluated is a system without

thought.

ECC needs to commit to making the

evaluation system a helpful tool that

improves worker performance rather

than as a stick to keep salary

increases low. A start would be

listening to teacher suggestions,

removing any ambiguity or

arbitrariness, as well as making the

process unbiased and transparent.

An organizing drive started at

GABA in 2007. The union believes

that since GABA controls such

things as; what to wear, how and

where to teach, that instructors are

not independent contractors but are

employees and are entitled to

employee benefits as guaranteed

under Labor Standards Law.

National Union Voice

Summer 2011

Page 3

Shane English School

Shane teachers need a union. Fed up

with no shakai hoken (health and

pension insurance), difficulties in

using annual paid leave, and the

company unilaterally assigning extra

teaching duties on rostered days off,

teachers in Osaka have united and

are demanding their rights.

The union has started negotiations,

and is pursuing shakai hoken

enrollment through the pension

agency. Members have also lodged

complaints over violations of the

Workers’ Health and Safety Law,

and Shane’s refusal to grant paid

holidays.

Clover International School

After months of stalling tactics, the

General Union was forced to lodge a

kakunin seikyu ‘individual claim’ for

shakai hoken after the school’s

anti-union tactics and harassment

caused our member to take stress

leave.

After months of avoiding pension

agency officials, Clover

International School, has agreed to

register their business with the

pension agency. Our member will be

enrolled from June 1st and will be

able to use their medical

entitlements under shakai hoken.

Union members win back

allowances at NOVA/GEOS

While embassies were urging their

citizens to evacuate from the Kanto

area, NOVA was bullying other

language instructors to transfer to

Tokyo or have their allowances cut.

Members at one branch recruited

new members to form a united front

against the cuts. Protest letters and

negotiations soon followed. After a

round of collective bargaining,

NOVA agreed to repay the cut

allowances and look into the claims

of intimidation.

W5 Staff Services

Members working at W5 set to

benefit from a newly established

grievance procedure. This new

agreement gives members an avenue

for solving individual workplace

problems.

Altia Central

The union has won continued

enrollment in shakai hoken for a

group of ALTs who were disenrolled

when they renewed their contracts in

April. The union applied for

collective bargaining and Altia

quickly agreed to the continued

enrollment of our members.

Epion Mabuchi

Over the past decade, the union has

made a large number of positive

changes to the working conditions of

teachers at Epion. The union won

enrollment in unemployment

insurance, paid annual leave for all

employees, a pre-consultation

agreement over changes to working

conditions and a grievance

procedure to deal with individual

workplace issues.

Late last fall, Epion announced that

it would make drastic changes to the

paid holiday system, and working

hours. Members took a stand, and

after negotiations the company

changed their mind.

Epion’s lastest attack is to notify the

union that they are canceling the

pre-consultation agreement and

grievance procedure. The union has

applied for negotiations and will

fight Epion’s decision through the

Labour Relations Commission if

necessary.

members, the union has decided to

spread this strategy. This time we

will be making demands at about a

dozen universities and even sooner

than last year.

Our strategy is simple. In July we

will send demands to these

dozenuniversities attached with a list

of union members and ask that union

members' koma at least remain the

same for 2012. Our hope is that

universities, not wanting to provoke

a fight with the union, will simply

leave members alone.

As always, there are no guarantees

but if there are cuts, members will

have earlier warning and have plenty

of time to decide how and if they

wish to fight to protect their jobs.

Don't just sit back and wait for your

boss to decide your future. Step up

to the plate, declare your

membership, and demand that your

job and working conditions are

protected.