740.00119 Control
(Japan)/12–2845
Memorandum by the State-War-Navy Coordinating
Committee
SWN–3683
Washington, 28 December,
1945.
Memorandum for the Secretary of
State:
Subject: Treatment of Japanese Workers’
Organization.
| References: |
a. SWNCC 92.58
|
|
b. SWNCC 92/1.59
|
By informal action on 28 December 1945, the State-War-Navy
Coordinating Committee approved SWNCC 92/1, after deleting the
word “free” from the second line of paragraph 4 d of the enclosure thereto as recommended
by the Joint Chiefs of Staff.
Copy No. 62 of the approved paper is forwarded for guidance and
appropriate implementation.
Copies of this paper have been forwarded to the Secretary of War,
Secretary of the Navy and the Joint Chiefs of Staff for guidance
and appropriate implementation.
It is requested that the Department of State transmit the
enclosed Copy No. 63 of SWNCC 92/1 to the American
Representative on the Far Eastern Advisory Commission for such
action as he deems appropriate.60
For the State-War-Navy Coordinating Committee:
James Clement Dunn
Chairman
[Annex]
Report by the State-War-Navy Coordinating
Subcommittee for the Far East
Treatment of Japanese Workers’
Organization
[SWNCC 92/1]
The Problem
1. To determine the policy to be followed by the occupation
authorities in dealing with organizations of Japanese
workers.
Facts Bearing on the Problem
2. SWNCC 150,61
Part IV, “Economic”, paragraph 2, states:
“Encouragement shall be given and favor shown to the
development of organizations in labor, industry and
agriculture, organized on a democratic basis.”
[Page 892]
Discussion
3. See Appendix.62
Conclusions
4. It is concluded that:
-
a.
- The Japanese Government should issue a general
proclamation recognizing the freedom of industrial
and agricultural workers to join trade unions or
other organizations of their choice for purposes of
improving their terms and conditions of employment
and mutual protection.
-
b.
- Legislative steps should be taken to provide legal
safeguards for workers’ organizations in the
carrying out of legitimate trade union
functions.
-
c.
- In consideration of the importance both from a
political and economic viewpoint of encouraging the
formation of democratic Japanese workers’
organizations, the occupation authorities, in their
own employment and labor policies, should when
conditions warrant give positive encouragement to
the development of labor organizations.
-
d.
- The trade unions should have the right of free
assembly, speech and press, and63 access to broadcasting facilities on
a nondiscriminatory basis provided only that such
assembly, speech, or writing does not interfere with
military necessity or public security.
-
e.
- The Japanese Government should abrogate all laws
and other regulations which prevent or have the
effect of preventing (1) the free organization of
trade unions for the purposes of improving wages,
hours and working conditions and the rendering of
mutual assistance; and (2) the performance of other
legitimate activities directed to these ends. The
following laws are specifically recommended for
immediate abrogations if such action has not already
been taken, together with any subsequent amendments
and additions:
- (1)
- Peace Preservation Law (Jian Iji-ho) of 1941.
- (2)
- The Protective Surveillance for Thought
Offenses Law (Shiso-han Hogo
Kansatsu-ho) and the The Regulations Relative
to the Protective Surveillance for Thought
Offenses Law (Shiso-han Hogo
Kansatsu-ho ni kansuru kisaku), both of
1936.
- (3)
- Articles 4, 6 and 7 of the National
Mobilization Act (Kokka
Sodoin-ho) of 1938 as revised in 1941.
- (4)
- Articles 3 and 8 of the Public Peace Police
Law (Jian Keisatsu-ho) of
1900 as amended in 1922, 1926 and 1941.
- (5)
- Paragraphs 3 and 4 of Article 1, and
paragraphs 5 and 31 of Article 2 of the Police
Crimes Punishment Ordinance (Keisatsu-han Shobatsu-rei) of 1908, as
amended in 1919.
- (6)
- The Factory and Workshop Supervision
Ordinance (Kojo Jigyo
Kanri-rei) of March, 1944.
-
f.
- Persons who have been imprisoned because of
activity or “thought” in connection with trade
unions and other labor organization activity should
be released as promptly as proper examination
procedure permits.
-
g.
- Any patriotic workers’ organizations or their
affiliates, such as the Patriotic Industrial
Associations, which have not already been abolished,
should be dissolved.
-
h.
- As soon as workers’ organizations are formed in
consonance with principles established in par. c they should be encouraged to
bargain collectively with employers regarding the
terms of employment, subject to such policies on
wages, hours and working conditions as are
established by the Japanese Government.
-
i.
- The Japanese Government should establish
conciliation machinery for dealing with industrial
disputes that cannot be settled by direct and
voluntary negotiations between the workers or his
representative and the employer.
-
j.
- Strikes and other work stoppages should be
prohibited only when the occupation authorities
consider that such stoppages would interfere with
military operations for military security or
directly prejudice the objectives or needs of the
occupation.
-
k.
- Japanese Government agencies which have been set
up or have functioned for the purpose of or in such
a way as to obstruct free labor organization and
legitimate trade union activities should be
abolished or their powers in respect to labor
revoked, and all individuals who have been directly
connected in a responsible capacity with the
obstruction or repression of trade union
organization or activity should be declared
ineligible for employment in labor agencies or as
mediators, conciliators or arbitrators.
Recommendations
5. It is recommended that:
-
a.
- This report be forwarded to the Joint Chiefs of
Staff for comment from a military point of view;
and
-
b.
- Upon approval by the State-War-Navy Coordinating
Committee of the “Conclusions” in paragraph 4 above:
- (1)
- This paper be forwarded to the Joint Chiefs
of Staff and to the State, War and Navy
Departments for guidance and, where appropriate,
for implementation; and
- (2)
- This paper be forwarded to the American
Representative on the FEAC for such action as he
deems appropriate.
