894.044/11–2948: Telegram
The Secretary of State to the Acting Political Adviser in Japan (Sebald)
404. National Public Service Bill is subject. Counsellor Brit Emb called on State Dept Nov 26 leaving fol memo for info US Govt UK views re National Public Service Bill. Brit Counsellor also requested views his Govt be transmitted SCAP for his consideration. Will you please bring to attention SCAP and appropriate members staff.
“The bills now before Jap Diet which contain various proposals amend existing labor legislation appear to His Majesty’s Govt in UK, on basis their existing info, to be defective in several important respects.
In re Natl Public Service Bill, it is view HMG that Article 98 should include provision for independent arbitration in case of failure to agree on questions wages and conditions of work. It follows from this that HMG consider that this Article should not contain prohibition collective agreements.
In re Public Corp Bill, it is view HMG that legislation this kind, which is apparently intended to be permanent, should not contain an unqualified provision banning strikes by employees in govt enterprises. The FEC policy on ‘Principles for Japanese Trade Unions’ empowers Supreme Commander to prohibit strikes and other work stoppages which would directly prejudice objectives or needs of occupation. An absolute ban on strikes by employees of govt enterprises in all circumstances appears, however, to go far beyond this provision of FEC policy. It is suggested, as a possible alternative that a provision might be included in law for 30 day ‘cooling-off period’ during which it would be illegal to strike.
In view HMG, an unqualified prohibition of strikes by employees in govt enterprises not necessarily calculated to shake any hold communists may have on unions but might, on contrary, strengthen it. If genuine grievances remained unremedied widespread illegal action might occur, with result that law would either not be enforced (with resultant discredit to Jap Govt) or that there would inevitably be an increase in subversive activities. A further consideration is that it is difficult to see how an unqualified prohibition of strikes would be confined only to employees in govt enterprises, many of whom are engaged on work similar to that in non-govt enterprises. There wld almost certainly be pressure from private employers to extend the provision.”
Counsellor stated orally his Govt feels real difference opinion exists between some members your staff and his govt on certain underlying principles of rights of govt employees for which reason his govt feels it necessary present its views to US and ask that they be brought officially your attention. Counsellor made it clear that altho his govt feels [Page 911] that absolute ban in permanent legislation on right govt enterprise workers to strike would be undesirable his govt has no objection your stating in advance that strike by any particular group or groups of govt employees would be contrary interest occupation and would not be permitted. He stated he was instructed by his govt to make a statement (set out below) to FEC because in its opinion the proposed bill does not include right ordinary govt worker make collective contract with govt. When it was pointed out to him that his statement did not actually refer to right govt employees make bargaining agreements he stated he had presented his govt’s views in limited way only in order avoid embarrassment US in FEC. In response to question as to attitude his govt re ban on strikes contained in proposed legislation in view fact that legislation apparently vol part Jap govt he stated view his govt it would not wish to have any such provision adopted in permanent legislation under aegis occupation. Brit Counsellor indicated his govt understands additional bills covering govt corporations for govt enterprise workers and monopolies omit safeguarding principle ultimate right employees withhold their labor should they be unable reach satisfactory collective agreement with govt and he stated it may therefore be necessary for him make an additional rep to US soon.
Statement by UK Member FEC 24 Nov is as fol:
[Statement sent in airgram 166, December 9, not printed.]