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Inquiries regarding the legal basis for verifying the eligibility of labor unions and past related activities<\/p>\n\n\n\n
We would like to thank you for your continued support.<\/p>\n\n\n\n
I have reviewed your answer.<\/p>\n\n\n\n
First, I received detailed explanations regarding the applicability of Article 2 of the Labor Union Act. However, as a fundamental legal issue, will your company be examining and determining whether our organization is a labor union based on any legal authority?<\/p>\n\n\n\n
Trade unions are organizations formed voluntarily based on the right to collective bargaining guaranteed by Article 28 of the Constitution, and approval or recognition by employers is not a prerequisite for their formation.<\/p>\n\n\n\n
There is a qualification review system by the labor committee, but it is not a system that requires all labor unions to undergo a preliminary review; rather, it grants employers the public authority to certify or deny the qualifications of labor unions.<\/p>\n\n\n\n
It is free for your company to have its own legal opinion, but that decision does not determine the legal status of our organization.<\/p>\n\n\n\n
Therefore, I would like a clear answer regarding the following points:<\/p>\n\n\n\n
1. Is your company a body with the authority to publicly certify or deny the eligibility of labor unions? What is the legal basis and legal effect of the review you plan to conduct?<\/p>\n\n\n\n
2. At this time, the organization is not requesting collective bargaining from your company. We are operating as a platform for workers to exercise their rights and support each other based on the right to unionize and collective action. At this stage of not requesting collective bargaining, what specific legal grounds are there for requesting the submission of union member lists, officer lists, and financial documents?<\/p>\n\n\n\n
3. How do you distinguish and understand the requirements of the union bylaws as stipulated in Article 5, Paragraph 2 of the Labor Union Act from the basic requirements of a union as stipulated in Article 2 of the Act? Specifically, if the requirement regarding qualification examination is taken as the basis, please provide the legal basis for this.<\/p>\n\n\n\n
4. While requesting the submission of union membership lists, it is explained that the intention is not to identify individual members, but how was this considered with regard to the possibility that the mere identification of individual members\u2019 names and affiliations could give rise to the issue of interference with the control referred to in Article 7, Paragraph 3 of the Labor Union Act?<\/p>\n\n\n\n
Furthermore, while the determination that the request to submit the roster constitutes immediate unfair labor practice is not conclusive, it is considered necessary to provide specific explanations regarding the necessity, adequacy, and the circumstances leading to the request.<\/p>\n\n\n\n
Furthermore, there is an insurmountable issue regarding the consistency of this matter with your company's past activities.<\/p>\n\n\n\n
We previously learned that Chairman Watanabe Makoto had held regular meetings with Mr. Nakano Koji and participated in negotiations with several companies, and that related labor union activities were also being carried out at your company\u2019s call center.<\/p>\n\n\n\n
Regarding this matter, based on the information we have gathered, Mr. Nakano has been operating under the direction of Chairman Watanabe since then for several years, based in Chairman Watanabe\u2019s office. Furthermore, regarding the connection between the two individuals, we would like to confirm the facts regarding the rumor that \u201cMinna Union was conceived by Chairman Watanabe and Mr. Nakano alone.\u201d<\/p>\n\n\n\n
Please clarify the period during which Mr. Nakano performed his duties at the same office, the position and scope of his duties, the details of the instructions given by Chairman Watanabe, and the relationship between facilities, personnel, and costs. Additionally, please confirm, based on the records of the time, who, when, and to whom the explanation \u201cwe came up with it together\u201d was given, and the basis for that explanation, as well as the involvement of both of you in the actual proposal, establishment, and operation, in accordance with the records of the time.<\/p>\n\n\n\n
If your company wishes to scrutinize in detail whether your organization is \u201crun by workers\u201d or \u201cindependent of employers,\u201d then it must also verify, with the same specificity, who made the decisions, who carried out the practical work, and who paid the costs for these activities that were carried out under the direction of Chairman Watanabe.<\/p>\n\n\n\n
If these facts are true, were there any efforts made to submit the union membership lists, organization charts, activity reports, and financial statements requested from the current organization regarding the activities at the time, or to conduct an eligibility review?<\/p>\n\n\n\n
If this procedure was not implemented, why would the organization that did not need to verify such information at the time and that did not even request collective bargaining this time request detailed internal documents from the organization?<\/p>\n\n\n\n
According to your current legal opinion, there may have been similar issues in the activities of Chairman Watanabe and Mr. Nakano at the time.<\/p>\n\n\n\n
Of course, the fact that there are doubts about a union's qualifications and the fact that the negotiation process itself is illegal are not synonymous.<\/p>\n\n\n\n
Therefore, it is necessary to verify the consistency of your own legal view with the legal nature of the activities at the time, the negotiating authority, the independence from the user, and the actual operational status.<\/p>\n\n\n\n
Furthermore, there is also widespread speculation that regarding these past labor union activities, even information that Director Kujimiyama was the person in charge of the practical matters has become a widespread rumor; however, how much did the other directors and audit & supervisory board members know about this?<\/p>\n\n\n\n
Please clarify who will conduct what kind of investigation regarding the meeting minutes, communications between the parties, negotiation records, and call center operations records at that time, and the investigative entity, scope of investigation, and estimated time for responses.<\/p>\n\n\n\n
For the purpose of such verification, we request the disclosure of relevant documents held or managed by your company regarding the labor unions and their related activities in which Chairman Watanabe has directed or participated.<\/p>\n\n\n\n
Specifically, please disclose materials that provide information on the name of the labor union, founding documents, union bylaws, organizational chart, composition of officers and decision-making bodies, activity reports, financial statements and other accounting documents, records of instructions and approvals from Chairman Watanabe, minutes of regular meetings, and other email or chat messages between relevant parties. In addition to this, please disclose documents that were sent to other companies, such as requests for negotiations, notifications, documents indicating authority to negotiate, contracts, agreements, invoices for compensation and expenses, and records of deposits and withdrawals. Please also disclose materials that provide information on the details of the business operations and the burden of costs carried by your company, such as documents sent to other companies regarding negotiation requests, notification documents indicating authority to negotiate, contracts, agreements, invoices for compensation and expenses, and records of deposits and withdrawals.<\/p>\n\n\n\n
This is not a request for the organization to publicly review the qualifications of third-party labor unions; rather, it is a request to verify how your management team is involved in the activities and with what authority, how your facilities, personnel, and funds are being used, and whether they are consistent with your current explanations.<\/p>\n\n\n\n
For the purpose of confirming this matter, please disclose the names and contact information of general members and consultation participants who are not necessary for verification, in an anonymized form, so that the involvement of officials, decision-making, and the flow of business and funds can be verified. If there are no materials available, not stored, or cannot be disclosed, please clearly state the reason for each material, the entity holding or managing it, and the current status of the material.<\/p>\n\n\n\n
Furthermore, during the listing application period, it was learned that Mr. Koji Fujiwara, who was a director at the time, conspired with Mr. Watanabe and Mr. Nakano to have the two companies attribute fictitious sales to the Company from a separate company controlled by them, and to record these sales as sales from the Company\u2019s call center without authorization or permission.<\/p>\n\n\n\n
Please investigate specifically regarding this information: Mr. Kudo, the name of the relevant subsidiary company and its actual controlling relationship, the timing, amount, and terms of the transaction in question, the actual nature of the services allegedly provided, and the involvement of Chairman Watanabe and Mr. Nakano.<\/p>\n\n\n\n
In addition, please clarify the relationship between the sales in question and the aforementioned labor union-related negotiation and support activities, the legality of the support actions, the existence of the transaction, and the basis for recording the sales. The question is what exactly was actually done as support for labor unions, and who did what to whom, and at what cost.<\/p>\n\n\n\n
Did your company incorporate the proceeds from illegal support services and sales from transactions that lacked substance into its financial results as legitimate call center sales, and based on that performance did it apply for listing? If not, please explain the actual nature and legality of the transaction in question, the basis for recording the sales, and the details reflected in the listing application materials based on the original documents.<\/p>\n\n\n\n
Please compare the relevant parts of the contract, purchase order, invoice, deposit and withdrawal records, the call center records showing actual business operations, the sales ledger and accounting entries, internal approval documents, the application for listing documents, and the financial statements to verify what facts were explained to the board of directors, the audit institution, the audit firm, and the main securities company at the time.<\/p>\n\n\n\n
While requesting detailed explanations regarding the organization and finances of the organization, the company\u2019s own management\u2019s involvement in the activities, and the relationship between those activities and the recording of sales and the application for listing, the response does not demonstrate the consistency of the company\u2019s verification standards. Please preserve the aforementioned union documents and sales-related materials together, and clarify the system and schedule for investigations without relying solely on the explanations of the individuals involved.<\/p>\n\n\n\n
Furthermore, your concerns regarding the legal status of the organization and the applicant\u2019s individual employment continuation, the application for workers\u2019 compensation benefits, and the payment of medical expenses are separate legal issues.<\/p>\n\n\n\n
We ask that these measures not be linked in practice to the submission of internal documents by our organization or to the company\u2019s verification of eligibility.<\/p>\n\n\n\n
Regarding the medical certificate, please ensure that it clearly states the submission requirements under the employment regulations, the start date of leave, and the basis for handling absences, and that it is appropriately handled based on medical reasons.<\/p>\n\n\n\n
Finally, we recognize that this matter is not merely a matter of verifying union membership; it is also a question of the legal consistency of your company's basic stance regarding the workers' right to unionization and the activities of past management.<\/p>\n\n\n\n
Therefore, with regard to this inquiry and the response from your company, we will, with due consideration for necessary personal information, make it known to all members of the union within the organization and share our future response.<\/p>\n\n\n\n
As the company itself claims to have the authority to review the eligibility of trade unions, please provide a specific and consistent explanation first regarding that legal authority and whether the same legal standards were applied to the activities of its own employees in the past.<\/p>\n\n\n\n
Thank you in advance for your cooperation.<\/p>\n<\/div><\/div>\n\n\n\n