The JNR dismissal lawsuit is a lawsuit that resulted from the privatization of Japanese National Railways (JNR) in 1987, and its breakup into the seven Japan Railways Group companies. In March 1990, 1,047 mostly union workers were laid off, 966 of whom were from the National Railway Workers' Union (Kokuro), and two decades of lawsuits followed. The dispute was eventually settled in June 2010 for 20 billion yen (approximately US$225,155,500), or about 22 million yen (approximately US$250,000) per worker for 904 plaintiffs.
Background
Plans for privatization
JNR, organized as a public corporation in 1949, had become unprofitable over subsequent decades. In the 1980s the Liberal Democratic Party government of prime minister Yasuhiro Nakasone decided to privatize the organization. Around this time other government bodies were also either wholly or partially privatized, such as Japan Tobacco and NTT in 1985.
Unionization of JNR workers
The 326,000 workforce of JNR was highly unionized, with workers represented by a number of unions. By far the largest union was the National Railway Workers' Union (Kokuro), with 200,000 members. National Railway Motive Power Union (Doro), which had split off from Kokuro in 1951, had 38,000 members. Zendoro, which had been expelled from Doro in 1974, had 3,000 members. Doro-Chiba, which broke off from Doro in 1979, had 1,100 members.
November 28, 1985 strike
Doro-Chiba staged a 24-hour strike on November 28, 1985, to protest against the plans to privatize JNR and lay off workers. The government strongly condemned the strike, as government workers in Japan are forbidden to strike. In addition there were a number of acts of sabotage and vandalism that stranded 10 million commuters in Tokyo and 200,000 in Osaka. The 24-hour strike caused 135 trains between Tokyo and Chiba prefecture to be cancelled, and JNR's management decided to fire more than 100 workers for staging the illegal walkout.
Middle Core Faction November 28, 1985 sabotage
In addition to the Doro-Chiba strike, a substantial amount of sabotage was done by the then-1,300 member strong radical leftist group Middle Core Faction, who claimed responsibility and said their actions were to support Doro-Chiba's strike. Communications lines were cut, fires were set at 27 locations in seven prefectures, and heavy damage was done to Asakusabashi Station in Tokyo around 7 a.m. by masked figures wearing helmets and throwing firebombs. No injuries were reported. Police raided offices of the Middle Core Faction and Doro-Chiba, and damage to bullet trail lines near Hiroshima that delayed trains between Tokyo and Kyushu appeared to have been caused by a time bomb and by noon 48 people were arrested, including leaders of the Middle Core Faction. Representatives of the larger Kokuro and Zendoro unions representing JNR workers condemned the "anti-social" attacks and apologized to commuters. According to sources inside the labor movement, Doro-Chiba was controlled by the Middle Core Faction.
Doro-Chiba Union Chairman Hiroshi Nakano later issued a statement saying that: "The attacks have nothing to do with the union." Of the 48 suspects arrested, 46 were from the Middle Core Faction and two were from the National Railway Workers' Union. Two of the suspects were later released.
Layoffs
JNR unions were opposed to the privatization, and when it occurred, around 7,600 workers were not rehired by the privatized companies. Many of these were members of the National Railway Workers' Union (Kokuro), now affiliated to the National Trade Union Council (Zenrokyo), and the National Railway Locomotive Engineers' Union (Zendoro), now affiliated to the National Confederation of Trade Unions (Zenroren) as part of the All Japan Construction, Transport and General Workers' Union (Kenkoro-Tetsudo Honbu). There was substantial pressure on union members to leave their unions, and within a year, Kokuro's membership fell from 200,000 to 44,000. Workers who had supported the privatization, or those who left Kokuro, were hired at substantially higher rates than Kokuro members.
There was a government pledge that no one would be "Thrown out onto the street", so unhired workers were classified as "needing to be employed" and were transferred to the JNR Settlement Corporation, where they could be assigned for up to three years.