66-30 CLOSED-SHOP, UNION-SHOP, AND AGENCY-SHOP AGREEMENTS JAPAN Since the end of World War II, remarkable progress has been made in labor legislation in line with the basic policy of labor democratization under the guidance and through the cooperation of the Supreme Court for the Allied Powers (SCAP). The fundamental labor legislation, Article 28 of the Constitution of 1946, provides that "the right of workers to organize and to bargain and act collectively is guaranteed." 1/ Article 1 of the Labor Union Law of 1949 which implements the above constitutional provision states the purpose of this Law: The purpose of this law is to elevate the status of workers through promoting equal standing for workers in their negotiations with their employer; to protect the election by workers of their own representatives for the purpose of negotiating the conditions of their work and the self-organization of and association in labor unions in encourage the practice and procedure of collective bargaining in order to conclude collective labor agreements governing relations between employers and workers. 2/ It should be noted, however, that when SCAP induced the adoption of the above law to nurture the unionization of Japan's workers, the law was to function in a social situation quite different from that of the United States. Since the enactment of the Labor Union Law, Japanese labor unions have primarily been __. 1/ The Constitution of Japan, promulgated on Nov. 3, 1946, and came into force on May 3, 1947. 2/ Law No. 174, June 1, 1949, as amended by Law No. 141 and Law No. 161, 1962.66-30 CLOSED-SHOP, UNION-SHOP, AND AGENCY-SHOP AGREEMENTS JAPAN Since the end of World War II, remarkable progress has been made in labor legislation in line with the basic policy of labor democratization under the guidance and through the cooperation of the Supreme Court for the Allied Powers (SCAP). The fundamental labor legislation, Article 28 of the Constitution of 1946, provides that "the right of workers to organize and to bargain and act collectively is guaranteed." 1/ Article 1 of the Labor Union Law of 1949 which implements the above constitutional provision states the purpose of this Law: The purpose of this law is to elevate the status of workers through promoting equal standing for workers in their negotiations with their employer; to protect the election by workers of their own representatives for the purpose of negotiating the conditions of their work and the self-organization of and association in labor unions in encourage the practice and procedure of collective bargaining in order to conclude collective labor agreements governing relations between employers and workers. 2/ It should be noted, however, that when SCAP induced the adoption of the above law to nurture the unionization of Japan's workers, the law was to function in a social situation quite different from that of the United States. Since the enactment of the Labor Union Law, Japanese labor unions have primarily been __. 1/ The Constitution of Japan, promulgated on Nov. 3, 1946, and came into force on May 3, 1947. 2/ Law No. 174, June 1, 1949, as amended by Law No. 141 and Law No. 161, 1962.66-30 CLOSED-SHOP, UNION-SHOP, AND AGENCY-SHOP AGREEMENTS JAPAN Since the end of World War II, remarkable progress has been made in labor legislation in line with the basic policy of labor democratization under the guidance and through the cooperation of the Supreme Court for the Allied Powers (SCAP). The fundamental labor legislation, Article 28 of the Constitution of 1946, provides that "the right of workers to organize and to bargain and act collectively is guaranteed." 1/ Article 1 of the Labor Union Law of 1949 which implements the above constitutional provision states the purpose of this Law: The purpose of this law is to elevate the status of workers through promoting equal standing for workers in their negotiations with their employer; to protect the election by workers of their own representatives for the purpose of negotiating the conditions of their work and the self-organization of and association in labor unions in encourage the practice and procedure of collective bargaining in order to conclude collective labor agreements governing relations between employers and workers. 2/ It should be noted, however, that when SCAP induced the adoption of the above law to nurture the unionization of Japan's workers, the law was to function in a social situation quite different from that of the United States. Since the enactment of the Labor Union Law, Japanese labor unions have primarily been __. 1/ The Constitution of Japan, promulgated on Nov. 3, 1946, and came into force on May 3, 1947. 2/ Law No. 174, June 1, 1949, as amended by Law No. 141 and Law No. 161, 1962.66-30 CLOSED-SHOP, UNION-SHOP, AND AGENCY-SHOP AGREEMENTS JAPAN Since the end of World War II, remarkable progress has been made in labor legislation in line with the basic policy of labor democratization under the guidance and through the cooperation of the Supreme Court for the Allied Powers (SCAP). The fundamental labor legislation, Article 28 of the Constitution of 1946, provides that "the right of workers to organize and to bargain and act collectively is guaranteed." 1/ Article 1 of the Labor Union Law of 1949 which implements the above constitutional provision states the purpose of this Law: The purpose of this law is to elevate the status of workers through promoting equal standing for workers in their negotiations with their employer; to protect the election by workers of their own representatives for the purpose of negotiating the conditions of their work and the self-organization of and association in labor unions in encourage the practice and procedure of collective bargaining in order to conclude collective labor agreements governing relations between employers and workers. 2/ It should be noted, however, that when SCAP induced the adoption of the above law to nurture the unionization of Japan's workers, the law was to function in a social situation quite different from that of the United States. Since the enactment of the Labor Union Law, Japanese labor unions have primarily been __. 1/ The Constitution of Japan, promulgated on Nov. 3, 1946, and came into force on May 3, 1947. 2/ Law No. 174, June 1, 1949, as amended by Law No. 141 and Law No. 161, 1962.66-30 CLOSED-SHOP, UNION-SHOP, AND AGENCY-SHOP AGREEMENTS JAPAN Since the end of World War II, remarkable progress has been made in labor legislation in line with the basic policy of labor democratization under the guidance and through the cooperation of the Supreme Court for the Allied Powers (SCAP). The fundamental labor legislation, Article 28 of the Constitution of 1946, provides that "the right of workers to organize and to bargain and act collectively is guaranteed." 1/ Article 1 of the Labor Union Law of 1949 which implements the above constitutional provision states the purpose of this Law: The purpose of this law is to elevate the status of workers through promoting equal standing for workers in their negotiations with their employer; to protect the election by workers of their own representatives for the purpose of negotiating the conditions of their work and the self-organization of and association in labor unions in encourage the practice and procedure of collective bargaining in order to conclude collective labor agreements governing relations between employers and workers. 2/ It should be noted, however, that when SCAP induced the adoption of the above law to nurture the unionization of Japan's workers, the law was to function in a social situation quite different from that of the United States. Since the enactment of the Labor Union Law, Japanese labor unions have primarily been __. 1/ The Constitution of Japan, promulgated on Nov. 3, 1946, and came into force on May 3, 1947. 2/ Law No. 174, June 1, 1949, as amended by Law No. 141 and Law No. 161, 1962.- 2 - within individual establishments rather than for larger craft and industrial groupings as in other major industrial countries. 3/ At present, these unions are not company-wide unions in the sense that they are management-created or management-dominated. They are localized organizations whose members are determined by place of employment rather than by type of work. Members are not encouraged to participate in shaping union policies; therefore they remain indifferent to union problems until acute crises arise. Their organizations are not subunits of larger ones as are the locals of nation-wide unions in the United States. Each union has its own conception of what its function should be, its own officers, and its own duty to represent the employees who comprise its membership. 4/ The Labor Union Law in Article 7 forbids certain acts of employers; but unlike the American counterpart, it does not recognize the possibility of unfair labor practices by unions. Thus, the question of closed-shop agreements must be answered here in terms of the union situation peculiar to Japan. Professor Kichiemon Ishikawa ably discusses this problem: Closed-shop agreements are virtually impossible in Japan since an employer cannot promise to recruit new employees only from among a union's members; the ------------------------ 3/ Hoboru Kataoka, Hô kara mita rêshi kankei no rule [Legal Relationship Between the Employer and Employee], Tokyo, Kôdô Hôgaky Kenkyûjo, 1962, p. 35. 4/ Ibid.- 2 - within individual establishments rather than for larger craft and industrial groupings as in other major industrial countries. 3/ At present, these unions are not company-wide unions in the sense that they are management-created or management-dominated. They are localized organizations whose members are determined by place of employment rather than by type of work. Members are not encouraged to participate in shaping union policies; therefore they remain indifferent to union problems until acute crises arise. Their organizations are not subunits of larger ones as are the locals of nation-wide unions in the United States. Each union has its own conception of what its function should be, its own officers, and its own duty to represent the employees who comprise its membership. 4/ The Labor Union Law in Article 7 forbids certain acts of employers; but unlike the American counterpart, it does not recognize the possibility of unfair labor practices by unions. Thus, the question of closed-shop agreements must be answered here in terms of the union situation peculiar to Japan. Professor Kichiemon Ishikawa ably discusses this problem: Closed-shop agreements are virtually impossible in Japan since an employer cannot promise to recruit new employees only from among a union's members; the ------------------------ 3/ Hoboru Kataoka, Hô kara mita rêshi kankei no rule [Legal Relationship Between the Employer and Employee], Tokyo, Kôdô Hôgaky Kenkyûjo, 1962, p. 35. 4/ Ibid.- 2 - within individual establishments rather than for larger craft and industrial groupings as in other major industrial countries. 3/ At present, these unions are not company-wide unions in the sense that they are management-created or management-dominated. They are localized organizations whose members are determined by place of employment rather than by type of work. Members are not encouraged to participate in shaping union policies; therefore they remain indifferent to union problems until acute crises arise. Their organizations are not subunits of larger ones as are the locals of nation-wide unions in the United States. Each union has its own conception of what its function should be, its own officers, and its own duty to represent the employees who comprise its membership. 4/ The Labor Union Law in Article 7 forbids certain acts of employers; but unlike the American counterpart, it does not recognize the possibility of unfair labor practices by unions. Thus, the question of closed-shop agreements must be answered here in terms of the union situation peculiar to Japan. Professor Kichiemon Ishikawa ably discusses this problem: Closed-shop agreements are virtually impossible in Japan since an employer cannot promise to recruit new employees only from among a union's members; the ------------------------ 3/ Hoboru Kataoka, Hô kara mita rêshi kankei no rule [Legal Relationship Between the Employer and Employee], Tokyo, Kôdô Hôgaky Kenkyûjo, 1962, p. 35. 4/ Ibid.- 2 - within individual establishments rather than for larger craft and industrial groupings as in other major industrial countries. 3/ At present, these unions are not company-wide unions in the sense that they are management-created or management-dominated. They are localized organizations whose members are determined by place of employment rather than by type of work. Members are not encouraged to participate in shaping union policies; therefore they remain indifferent to union problems until acute crises arise. Their organizations are not subunits of larger ones as are the locals of nation-wide unions in the United States. Each union has its own conception of what its function should be, its own officers, and its own duty to represent the employees who comprise its membership. 4/ The Labor Union Law in Article 7 forbids certain acts of employers; but unlike the American counterpart, it does not recognize the possibility of unfair labor practices by unions. Thus, the question of closed-shop agreements must be answered here in terms of the union situation peculiar to Japan. Professor Kichiemon Ishikawa ably discusses this problem: Closed-shop agreements are virtually impossible in Japan since an employer cannot promise to recruit new employees only from among a union's members; the ------------------------ 3/ Hoboru Kataoka, Hô kara mita rêshi kankei no rule [Legal Relationship Between the Employer and Employee], Tokyo, Kôdô Hôgaky Kenkyûjo, 1962, p. 35. 4/ Ibid.- 2 - within individual establishments rather than for larger craft and industrial groupings as in other major industrial countries. 3/ At present, these unions are not company-wide unions in the sense that they are management-created or management-dominated. They are localized organizations whose members are determined by place of employment rather than by type of work. Members are not encouraged to participate in shaping union policies; therefore they remain indifferent to union problems until acute crises arise. Their organizations are not subunits of larger ones as are the locals of nation-wide unions in the United States. Each union has its own conception of what its function should be, its own officers, and its own duty to represent the employees who comprise its membership. 4/ The Labor Union Law in Article 7 forbids certain acts of employers; but unlike the American counterpart, it does not recognize the possibility of unfair labor practices by unions. Thus, the question of closed-shop agreements must be answered here in terms of the union situation peculiar to Japan. Professor Kichiemon Ishikawa ably discusses this problem: Closed-shop agreements are virtually impossible in Japan since an employer cannot promise to recruit new employees only from among a union's members; the ------------------------ 3/ Hoboru Kataoka, Hô kara mita rêshi kankei no rule [Legal Relationship Between the Employer and Employee], Tokyo, Kôdô Hôgaky Kenkyûjo, 1962, p. 35. 4/ Ibid.-3- members of an establishment-wide union are by definition only the persons who have already been employed. 5/ Professor Junryo Honda states that the "Japanese establishment-wide union is not aiming at the control of the labor market, but at the internal control of the union itself....All the employees must be union members....Under the present situation, the union-shop contracts have proved to be of benefit to both the union and the employer." 6/ As opposed to the closed-shop agreements, the union-shop contract is very popular; more than 80 percent of the collective labor agreements have a union-shop clause. 7/ The union-shop agreements are allowed under Article 7 (1) of the Labor Union Law: ...however, in a case where a labor union represents a majority of the workers employed at a factory or place of business, this does not prohibit an employer from concluding a collective labor agreement which imposes as a condition of employment that these workers be members of this labor union. The above provision of the Law makes it the duty of the employer to dismiss employees who have failed to join the union. However, it is not spelled out that the employer must discharge the ousted member of the union. In actual practice, all the union-shop agreements are "soft" in that the employer is relieved from the duty of discharging employees who have quit the union or have been ousted from it whenever the employer deems that their continued ----------------------------------- 5/ Kichiemon Ishikawa, "Regulation of the Employer-Employee Relationship: Japanese Labor Relations Law," Law in Japan, Cambridge, Harvard University Press, 1963, p.462. 6/ Junryo Honda, Rodo [?] to horitsu [Labor Union and Law], Tokyo, Yushindo, 1963, p.14. 7/ Ishikawa, Law in Japan, p.462.-3- members of an establishment-wide union are by definition only the persons who have already been employed. 5/ Professor Junryo Honda states that the "Japanese establishment-wide union is not aiming at the control of the labor market, but at the internal control of the union itself....All the employees must be union members....Under the present situation, the union-shop contracts have proved to be of benefit to both the union and the employer." 6/ As opposed to the closed-shop agreements, the union-shop contract is very popular; more than 80 percent of the collective labor agreements have a union-shop clause. 7/ The union-shop agreements are allowed under Article 7 (1) of the Labor Union Law: ...however, in a case where a labor union represents a majority of the workers employed at a factory or place of business, this does not prohibit an employer from concluding a collective labor agreement which imposes as a condition of employment that these workers be members of this labor union. The above provision of the Law makes it the duty of the employer to dismiss employees who have failed to join the union. However, it is not spelled out that the employer must discharge the ousted member of the union. In actual practice, all the union-shop agreements are "soft" in that the employer is relieved from the duty of discharging employees who have quit the union or have been ousted from it whenever the employer deems that their continued ----------------------------------- 5/ Kichiemon Ishikawa, "Regulation of the Employer-Employee Relationship: Japanese Labor Relations Law," Law in Japan, Cambridge, Harvard University Press, 1963, p.462. 6/ Junryo Honda, Rodo [?] to horitsu [Labor Union and Law], Tokyo, Yushindo, 1963, p.14. 7/ Ishikawa, Law in Japan, p.462.-3- members of an establishment-wide union are by definition only the persons who have already been employed. 5/ Professor Junryo Honda states that the "Japanese establishment-wide union is not aiming at the control of the labor market, but at the internal control of the union itself....All the employees must be union members....Under the present situation, the union-shop contracts have proved to be of benefit to both the union and the employer." 6/ As opposed to the closed-shop agreements, the union-shop contract is very popular; more than 80 percent of the collective labor agreements have a union-shop clause. 7/ The union-shop agreements are allowed under Article 7 (1) of the Labor Union Law: ...however, in a case where a labor union represents a majority of the workers employed at a factory or place of business, this does not prohibit an employer from concluding a collective labor agreement which imposes as a condition of employment that these workers be members of this labor union. The above provision of the Law makes it the duty of the employer to dismiss employees who have failed to join the union. However, it is not spelled out that the employer must discharge the ousted member of the union. In actual practice, all the union-shop agreements are "soft" in that the employer is relieved from the duty of discharging employees who have quit the union or have been ousted from it whenever the employer deems that their continued ----------------------------------- 5/ Kichiemon Ishikawa, "Regulation of the Employer-Employee Relationship: Japanese Labor Relations Law," Law in Japan, Cambridge, Harvard University Press, 1963, p.462. 6/ Junryo Honda, Rodo [?] to horitsu [Labor Union and Law], Tokyo, Yushindo, 1963, p.14. 7/ Ishikawa, Law in Japan, p.462.-3- members of an establishment-wide union are by definition only the persons who have already been employed. 5/ Professor Junryo Honda states that the "Japanese establishment-wide union is not aiming at the control of the labor market, but at the internal control of the union itself....All the employees must be union members....Under the present situation, the union-shop contracts have proved to be of benefit to both the union and the employer." 6/ As opposed to the closed-shop agreements, the union-shop contract is very popular; more than 80 percent of the collective labor agreements have a union-shop clause. 7/ The union-shop agreements are allowed under Article 7 (1) of the Labor Union Law: ...however, in a case where a labor union represents a majority of the workers employed at a factory or place of business, this does not prohibit an employer from concluding a collective labor agreement which imposes as a condition of employment that these workers be members of this labor union. The above provision of the Law makes it the duty of the employer to dismiss employees who have failed to join the union. However, it is not spelled out that the employer must discharge the ousted member of the union. In actual practice, all the union-shop agreements are "soft" in that the employer is relieved from the duty of discharging employees who have quit the union or have been ousted from it whenever the employer deems that their continued ----------------------------------- 5/ Kichiemon Ishikawa, "Regulation of the Employer-Employee Relationship: Japanese Labor Relations Law," Law in Japan, Cambridge, Harvard University Press, 1963, p.462. 6/ Junryo Honda, Rodo [?] to horitsu [Labor Union and Law], Tokyo, Yushindo, 1963, p.14. 7/ Ishikawa, Law in Japan, p.462.-3- members of an establishment-wide union are by definition only the persons who have already been employed. 5/ Professor Junryo Honda states that the "Japanese establishment-wide union is not aiming at the control of the labor market, but at the internal control of the union itself....All the employees must be union members....Under the present situation, the union-shop contracts have proved to be of benefit to both the union and the employer." 6/ As opposed to the closed-shop agreements, the union-shop contract is very popular; more than 80 percent of the collective labor agreements have a union-shop clause. 7/ The union-shop agreements are allowed under Article 7 (1) of the Labor Union Law: ...however, in a case where a labor union represents a majority of the workers employed at a factory or place of business, this does not prohibit an employer from concluding a collective labor agreement which imposes as a condition of employment that these workers be members of this labor union. The above provision of the Law makes it the duty of the employer to dismiss employees who have failed to join the union. However, it is not spelled out that the employer must discharge the ousted member of the union. In actual practice, all the union-shop agreements are "soft" in that the employer is relieved from the duty of discharging employees who have quit the union or have been ousted from it whenever the employer deems that their continued ----------------------------------- 5/ Kichiemon Ishikawa, "Regulation of the Employer-Employee Relationship: Japanese Labor Relations Law," Law in Japan, Cambridge, Harvard University Press, 1963, p.462. 6/ Junryo Honda, Rodo [?] to horitsu [Labor Union and Law], Tokyo, Yushindo, 1963, p.14. 7/ Ishikawa, Law in Japan, p.462.-4- services are necessary for his business. Sometimes, the union-shop agreement incorporates provisions to the extent that in discharging the worker who has been ousted by the union, the company should consult the union; but the union has rarely demanded that the employer dismiss such worker. 8/ Some argue that the above statutory approval of union-shop agreements is contrary to the constitutional guarantee of the workers' freedom to organize. 9/ However, the majority of scholars assert that the provision allowing union-shop contracts is not contrary to the Constitution. 10/ The Supreme Court of Japan also upheld the constitutionality of the union-shop clause of the Labor Union Law. 11/ Since the union-shop agreements require every employee to join the union, the problems of the agency-shop agreements are not likely to be present. Moreover, the Japanese union does not charge its member a sum equal to the initiation fees required for membership as in the United States. 12/ ---------------------------------- 8/ Honda, Rodo [?] to horitsu, p.27. 9/ Katsoka, Ho kara mite roshi kankei no rule, p.35 10/ Tatsuo, Nishikawa, "Union-shop [kyot?i]" [Union-shop Agreement], Rodo kyoyaky, Tokyo, Yuhikaku, 1963, p. 188. 11/ Supreme Court Decision, April 23, 1949 (Ohama Coal Mine Case). 12/ Honda, Rodo [?] to horitsu, p. 9.-4- services are necessary for his business. Sometimes, the union-shop agreement incorporates provisions to the extent that in discharging the worker who has been ousted by the union, the company should consult the union; but the union has rarely demanded that the employer dismiss such worker. 8/ Some argue that the above statutory approval of union-shop agreements is contrary to the constitutional guarantee of the workers' freedom to organize. 9/ However, the majority of scholars assert that the provision allowing union-shop contracts is not contrary to the Constitution. 10/ The Supreme Court of Japan also upheld the constitutionality of the union-shop clause of the Labor Union Law. 11/ Since the union-shop agreements require every employee to join the union, the problems of the agency-shop agreements are not likely to be present. Moreover, the Japanese union does not charge its member a sum equal to the initiation fees required for membership as in the United States. 12/ ---------------------------------- 8/ Honda, Rodo [?] to horitsu, p.27. 9/ Katsoka, Ho kara mite roshi kankei no rule, p.35 10/ Tatsuo, Nishikawa, "Union-shop [kyot?i]" [Union-shop Agreement], Rodo kyoyaky, Tokyo, Yuhikaku, 1963, p. 188. 11/ Supreme Court Decision, April 23, 1949 (Ohama Coal Mine Case). 12/ Honda, Rodo [?] to horitsu, p. 9.-4- services are necessary for his business. Sometimes, the union-shop agreement incorporates provisions to the extent that in discharging the worker who has been ousted by the union, the company should consult the union; but the union has rarely demanded that the employer dismiss such worker. 8/ Some argue that the above statutory approval of union-shop agreements is contrary to the constitutional guarantee of the workers' freedom to organize. 9/ However, the majority of scholars assert that the provision allowing union-shop contracts is not contrary to the Constitution. 10/ The Supreme Court of Japan also upheld the constitutionality of the union-shop clause of the Labor Union Law. 11/ Since the union-shop agreements require every employee to join the union, the problems of the agency-shop agreements are not likely to be present. Moreover, the Japanese union does not charge its member a sum equal to the initiation fees required for membership as in the United States. 12/ ---------------------------------- 8/ Honda, Rodo [?] to horitsu, p.27. 9/ Katsoka, Ho kara mite roshi kankei no rule, p.35 10/ Tatsuo, Nishikawa, "Union-shop [kyot?i]" [Union-shop Agreement], Rodo kyoyaky, Tokyo, Yuhikaku, 1963, p. 188. 11/ Supreme Court Decision, April 23, 1949 (Ohama Coal Mine Case). 12/ Honda, Rodo [?] to horitsu, p. 9.-4- services are necessary for his business. Sometimes, the union-shop agreement incorporates provisions to the extent that in discharging the worker who has been ousted by the union, the company should consult the union; but the union has rarely demanded that the employer dismiss such worker. 8/ Some argue that the above statutory approval of union-shop agreements is contrary to the constitutional guarantee of the workers' freedom to organize. 9/ However, the majority of scholars assert that the provision allowing union-shop contracts is not contrary to the Constitution. 10/ The Supreme Court of Japan also upheld the constitutionality of the union-shop clause of the Labor Union Law. 11/ Since the union-shop agreements require every employee to join the union, the problems of the agency-shop agreements are not likely to be present. Moreover, the Japanese union does not charge its member a sum equal to the initiation fees required for membership as in the United States. 12/ ---------------------------------- 8/ Honda, Rodo [?] to horitsu, p.27. 9/ Katsoka, Ho kara mite roshi kankei no rule, p.35 10/ Tatsuo, Nishikawa, "Union-shop [kyot?i]" [Union-shop Agreement], Rodo kyoyaky, Tokyo, Yuhikaku, 1963, p. 188. 11/ Supreme Court Decision, April 23, 1949 (Ohama Coal Mine Case). 12/ Honda, Rodo [?] to horitsu, p. 9.-4- services are necessary for his business. Sometimes, the union-shop agreement incorporates provisions to the extent that in discharging the worker who has been ousted by the union, the company should consult the union; but the union has rarely demanded that the employer dismiss such worker. 8/ Some argue that the above statutory approval of union-shop agreements is contrary to the constitutional guarantee of the workers' freedom to organize. 9/ However, the majority of scholars assert that the provision allowing union-shop contracts is not contrary to the Constitution. 10/ The Supreme Court of Japan also upheld the constitutionality of the union-shop clause of the Labor Union Law. 11/ Since the union-shop agreements require every employee to join the union, the problems of the agency-shop agreements are not likely to be present. Moreover, the Japanese union does not charge its member a sum equal to the initiation fees required for membership as in the United States. 12/ ---------------------------------- 8/ Honda, Rodo [?] to horitsu, p.27. 9/ Katsoka, Ho kara mite roshi kankei no rule, p.35 10/ Tatsuo, Nishikawa, "Union-shop [kyot?i]" [Union-shop Agreement], Rodo kyoyaky, Tokyo, Yuhikaku, 1963, p. 188. 11/ Supreme Court Decision, April 23, 1949 (Ohama Coal Mine Case). 12/ Honda, Rodo [?] to horitsu, p. 9.- 5 - The concept of collective agreements which originated in American law and was exported to Japan during the occupation has adapted to the situation in Japan and now has only a slight resemblance to the American counterpart. 13/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress ____ 13/ Ishikawa, Law in Japan, p. 464.- 5 - The concept of collective agreements which originated in American law and was exported to Japan during the occupation has adapted to the situation in Japan and now has only a slight resemblance to the American counterpart. 13/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress ____ 13/ Ishikawa, Law in Japan, p. 464.- 5 - The concept of collective agreements which originated in American law and was exported to Japan during the occupation has adapted to the situation in Japan and now has only a slight resemblance to the American counterpart. 13/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress ____ 13/ Ishikawa, Law in Japan, p. 464.- 5 - The concept of collective agreements which originated in American law and was exported to Japan during the occupation has adapted to the situation in Japan and now has only a slight resemblance to the American counterpart. 13/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress ____ 13/ Ishikawa, Law in Japan, p. 464.- 5 - The concept of collective agreements which originated in American law and was exported to Japan during the occupation has adapted to the situation in Japan and now has only a slight resemblance to the American counterpart. 13/ Prepared by: Dr. Sung Yoon Cho Far Eastern Law Division Law Library Library of Congress ____ 13/ Ishikawa, Law in Japan, p. 464.