Concerted Activities of Non-union Emplyoees and Unfair Labor Practice System

日本《工会法》颁布于1945年。在接下来的四年里，制定了宪法和劳动关系调整法，对工会法进行了重大修改。到那时，工人的组织权、讨价还价权和集体行动权都得到了保障。现行劳动关系法的框架是在这一时期确立的，此后50年来没有太大变化。我认为劳动关系政策有三个可行的选择。第一个选择是不采取行动，这将导致工会力量的衰落。第二个选择是强制建立职工代表制。我不同意这个计划，因为在很多情况下，雇员的组织是由雇主而不是雇员组成的。第三个选择是新法律理论赋予工会权力，我支持第三个选择。在这项研究中，我考察了非工会员工以互助为目的的协同活动的法律性质。我的主要发现如下：1)如果员工打算成为社区工会的一员，他们的活动是受保护的。2)与工作场所条件有关的代表员工和申诉等活动被视为协调一致的活动。然而，日本的不公平劳动实践制度并不将这些活动作为工会活动来保护。

Japanese Trade Union Law was enacted in 1945. During the following four years, the Constitution and the Labor Relations Adjustment Law were enacted, resulting in the major amendments made to the Trade Union Law. By this time, the rights of workers to organize, to bargain and to act collectively had been secured. The framework of the present Labor Relations Law was established during those time, and it has not changed greatly for fifty years thereafter. I consider three feasible choices for the labor relations policy. First choice is to take no action, which would result in the decline of the trade union power. Second choice is the compulsory establishment of the employees representative system. I disagree with this plan, because employees' organization would be made by employers and not by employees in many cases. Third choice is the empowerment of the trade union by new legal theory.I support the third choice. In this research, I have examined the legal character of non-union employees' concerted activities for the purposes of the mutual aid. My major findings are as follows : 1) The employees' activities are protected if they intends to be a member of a 'community union'. 2)Activities such as representation for employees and grievance-raising which are related to workplace conditions are regarded as concerted activities. However, the Japanese Unfair Labor Practice System does not protect these activities as union activities.