ASIJ Teachers Union
         2nd Danko Meeting  September 26, 2002
                             
Members Present: Ron Dirkse (Pres.), Bill Jacobsson (V.P.), Mid Squier, Ann Burkhardt
Union Representatives: Fukuyama-san, Kumata-san, and Kamoshida-san
Administration: Tim Thornton, Tim Ilse, and Noda-san

The meeting, held at the local temple, was opened at 5:30 PM.

Fukuyama-san:  Okay?

Tim Thornton:  First, Mr. Ilse

Tim Ilse:  I need to apologize for my lack of understanding how a union operates in Japan, specifically in regard to the teacher's union.  My experience has been in a stateside setting and I would just like to ask a couple questions to help clarify things in my mind.  As a member of a union in the United States, the union represents a majority of the people that were employed and I know that is not the case here.  Could you explain how things work when it's a small part of the teachers who are involved in a union as opposed to all the teachers.  And do decisions made with regard to the Union apply to all the teachers?

Fukuyama-san:  You know that a majority union is different from a minority union.  But in Japan, even though the number of members is small, they are protected by law.  And as for the Tokyo Shikoren Union, this union, there are about 100 unions and each union has not organized a majority of teachers in the schools.  But as a federation of unions, The Tokyo Shikoren Union has a function to protect and defend all teachers inside the schools.

Tim Ilse:  In that circumstance, what is the relationship between our local union and the umbrella union?

Fukuyama-san:  Under the umbrella of Shikoren Union there are about 100 private school teachers' unions.  And as for the operation, there are also individual members admitted to enter directly into Tokyo Shikoren. This is for kindergarten teachers, or for American School in Japan, or for schools with only one teacher is a member.  They can be affiliated directly to Tokyo Shikoren.  And under the umbrella of Tokyo Shikoren, there are seven local bodies.

Tim Ilse:  Is there any obligation for members of our union...are the people here independent from the other unions to choose what to do and what not to do?  If another school has a strike, do our members have to have a strike?

Fukuyama-san:  As I mentioned before, these members are members of the department of miscellaneous schools and if the department decides to go on strike with the vote of two-thirds of the members then they can do that.

Tim Ilse:  If another school goes on strike, then do our members have to go on strike also?

Fukuyama-san:  No.  Each individual school will decide whether to join the strike or not.  But in recent years we have not had strikes...

Tim Ilse:    I apologize, the strike was the only example I could think of.  Then in our own teachers' union we have an elected President?  How is this decision made?

Fukuyama-san:  Each group decides on their own according to regulations.

Tim Ilse:  Are things done, the decision making in all the unions, is this done by two-thirds majority? Or by a majority?  What is the decision making process?

Fukuyama-san:  Most by majority, but as for strike action activities or modifications of regulations, they need two-thirds majority.

Tim Ilse:  And those are all done...the job of the larger union group is to provide advice and counsel?  The non-local members don't vote.  If you were not a teacher at the school, could you vote if you were a member of the union?  Is the voting only for our teachers? 

Fukuyama-san:  The department members only have the voting right.

Tim Ilse:  That makes it very clear.  My background is very different.  We have what is called a closed shop--one union represents everyone.  And this is different.  And I think I understand that the representatives of the large group are here to provide advice and cousel to the local members, but our local members make their own decisions primarily on majority vote, except for a strike activity and that is two-thirds vote.  And that two-thirds comes from the larger union.  That is not something the local group can decide--it comes from the larger group.  Can our local union decide to strike if they have less than two-thirds --maybe one-half? 

Fukuyama-san:  There are two kinds of two-thirds.  One is two-thirds of constituent members.  And the other one is two-thirds of participant members of the union.

Tim Ilse:  And in my experience we had a constitution and bylaws for our own local union.  Is that the same for the union here?  The rules for the union--is that done locally?

Fukuyama-san:  Yes, it is locally.

Tim Ilse:  Thank you very much.  I understand.

Fukuyama-san:  With regard to the teachers union, Tokyo Shikoren was formed 54 years ago and it is the largest private school teachers' union in Tokyo.  It has been very active in organizing and protesting activites against unfair labor practices.  Rather than strike activites.  It takes cases through district courts, higher courts and up to the Supreme Court.    And winning in the Supreme court a decision of unfair labor practice.  We sent an article of this from the Japan Times to Mr. Cooper, so if you have time please look at this article from Japan Times. Is that okay?

Tim Ilse: Okay.

Fukuyama-san:  We would like to ask you some questions and want you to respond with sincerity. On September 22^nd, Tokyo Shikoren had a convention and at this convention I presented the case of the American School in Japan to the participants.  And at the convention, representatives of 27 private school teachers' unions have signed on the request to Board of Directors' Head and Headmaster, Peter Cooper.  And this was handed over to Assistant Director of Business Affairs, Noda-san, on 24^th of September.

Tim Thornton:  And thank you very much.  We have received that.  Mr. Ilse and I have both looked at these and we will pass these on to Mr. Daniels and Mr. Cooper.

Fukuyama-san:  However, we feel very sorry that Mr. Daniels and Mr. Cooper are not attending this meeting.  And as for the meeting place, we are sorry also that the meeting is held outside of the campus.  To begin with, I would like to ask you, as Director of Business Affairs, relating to these issues to respond to our requests with sincerity.

Tim Thornton:  Do you want us to answer or not?

Kumata-san:  No, just...

Fukuyama-san:  In January 1993 the Mitaka Labor Office had instructed Mr. Cooper and Mr. Hale, on personnel policies, particularly related to work regulations of over-time hours and pay.  Do you know of this?  Do you know of the instruction from the Mitaka Labor Office?

Tim Thornton:  In 1993?  No.  I know from Fukuyama-san telling us of this at a previous meeting.

Fukuyama-san:  And Noda-san? 

Noda-san:  (response not clearly audible)

Fukuyama-san:  We deeply regret that this matter was neglected for the last nine years.  On the 16^th of September Town Meeting regarding Personnel Policy changes it was told by the proposal of the administration, but Labor Standards' law in Japan, Article 2, says working conditions should be decided between employers and employees on an equal footing.  So our union would like to have one more meeting on the Personnel Policies for teachers' union in this group.

Tim Thornton:  Excuse me.  The request is to have a meeting only for the teachers union?  Is that the request?

Fukuyama-san:  Yes.

Tim Thornton:  So just for the eight union members?  Your request is to have a special meeting just for the eight union members?

Fukuyama-san:  The meeting is a collective bargaining.

Tim Thornton:  I don't quite understand.  Your request is to have a meeting of only the union members who are represented by the union on the personnel policies--no other teachers?  Just the Union representatives?

Fukuyama-san:  We demand a meeting of only the teachers' union members.

Tim Thornton:  That's his request then?  I have another question here.  Is he (Fukuyama-san) saying the representatives of those teachers' union or all eight people?

Fukuyama-san:  We are asking to have a meeting  with the teachers' union, so it may be the representatives or it may be all union members.  It depends upon the situation.

Tim Ilse:  Would the union choose its own representatives?

Fukuyama-san:  We have the right to choose representatives if you wish to have a meeting.  Is there the possibility of having such kind of meeting?

Tim Thornton:  We will study it.

Fukuyama-san:  There are Japanese staff in this school and they have another union.  As for this union they have democratically decided...elected their representatives. And those representatives will be heard by the administration on the modification of personnel policies.  We would like to ask you if you would do the same to these teachers' union of ASIJ?

Tim Thornton:  I'm confused now.  You want the union to have a democratic election?

Kumata-san:  Yes, Japanese teachers...

Tim Thornton:  The union can have a democratic election.  That's okay.

Kumata-san:  the Japanese union has elected their representatives on the meeting on modification of personnel policies.  Japanese clerical staff is having an election of a representative and we hope that the representative of ASIJ --representatives of teachers of ASIJ should be elected democratically by all teachers. 

Noda-san:  Why does the teachers' union demand a democratic election of a representative in this meeting?

Fukuyama-san:  The directive of the Ministry of Labor in 1999 says that the representatives of the teachers in the school should be elected by voting or by raising hands in case of formulation of work regulations or modification of regulations.  And also for expressing views on the pesonnel policies or work regulations:  They should be elected by voting or raising hands.  And this should not be made by the administration.  That is the purpose of the question.

Tim Thornton:  We will work with the Mitaka Labor Office to decide the best possible way, the most appropriate way to file the (inaudible) .

Fukuyama-san:  We would like to have a response from you for a democratic election.

Tim Thornton:  From the school's position we have a Faculty Salary [sic] Concerns Committee which historically has represented the faculty.  We will discuss with the Mitaka Labor Board if that is appropriate.  We will discuss that with Mitaka.  We feel it is appropriate.  They have represented the faculty historically.  The administration does not appoint these people--they are chosen by their peers, so this is not something that...I understand.  We will discuss it.  We feel that having an FSCC rep is appropriate and follows the rules of law.  We will discuss it with the Mitaka Labor office and if they say it is not, then we will follow their request.on how we do it.  I understand your question on that and we will look into it.  The school feels that the FSCC represents the faculty and when time comes to file the personnel policies with the Mitaka Labor Office we will discuss it with them.  If they feel that it doesn't represent the faculty then we will follow their advice.  I understand what Mr. Fukuyama is saying and we will proceed with the Mitaka Labor Office's advice on it.

Fukuyama-san:  We know the FSCC structure and the history of it.  We still request an election by voting or raising of hands.  And we will also request of the Mitaka Labor Office on this.

Tim Thornton:  Maybe we can meet there together.

Fukuyama-san: We think that the personnel policies of retirement age has not been changed for the last 40 years.  There is no need to change this personnel policy.  This policy says even after 60 years of age if a teacher wishes to remain teaching he can or she can remain in the school with a contract signed each year.  Particularly as for the proposed revision, this is a disadvantageous modification of working conditions.  In Japan this unilateral modification of working conditions is not allowed.  And particularly unreasonable modifications of working conditions is not recognized. By the revision of the work regulations, the teachers in this school have had a reduction in wages of about 28%.  And the Board of Directors has explained that this is because of the financial responsibilites of the Board of Directors and the economic conditions of the school.  If so, we would demand that you disclose these figures and we demand that you explain these reductions of wages.  We have made the same request at the last meeting.

Tim Thornton:  First of all, the school has always had a retirement age of 60.  That has not changed.  And the school has in the past allowed people to stay on waivers past the 60 retirement age.  But the 60 retirement age has not changed.  We still have a 60 retirement age.  I believe it is legal to have a 60 retirement age in Japan.  I may be wrong, but I think that is legal in Japan.

Fukuyama-san:  We understand that retirement age has been 60 years, but...

Tim Thornton:  Is that legal?  To have 60 as retirement age?

Kumata-san:  But the.

Tim Thornton:  Yes, or No?

Fukuyama-san:  Yes it is legal, but the current system guarantees the same wage level, but the proposal includes a reduction in wage.  So we would like to know the reason of the reduction in wages.

Tim Thornton:  In the old system, the waiver system is not guaranteed.  In the new system anyone who reaches 60 can stay until 65. 

Fukuyama-san:  On this we will take up the matter later.  We ask this question because the latest change of the sytem of retirement is the reduction of wages for over age 60 teachers.  As for the reason of the reduction of the wages, the Board of Directors said that it is the financial responsibiltiy of the Board and the bad economic conditons of the school.  In Tokyo there is a disclosure act and a great number of private schools including kindergarten through high schools publish their finances to the public voluntarily.  We would like to know whether you would do so?

Tim Thornton:  So is Mr. Fukuyama-san's request to ask the Board to publish their finances publically?

Kumata-san:   The reason is..

Tim Thornton:  Would you ask him?

Kumata-san:  The Board of Directors said that the school's finances are not good.  And, if so, he requests you to disclose the finances of the school.

Tim Thornton:  So his request is to disclose the finances of the school?

Fukuyama-san:  So what is your response?

Tim Thornton:  His response is to ask the Board to disclose the finances.  So I will respond to the Board.  I will ask them.

Fukuyama-san:  As for this reduction in wages, the Board of Directors decided as mentioned, but Mr. Thronton in the collective bagaining on 29^th of May, it is not because of financial reasons, it is a managerial matter.  Would you tell us more completely your opinion?

Tim Thornton:  Again, I believe as I said on May 29^th, that the decision by the Board of Trustees to change the waiver system is a management decision.  It is something, again, management's responsibility...part of that management decision is financial, part of it is rejuvenation of faculty and part of it, again, is basically what the Board of Trustees wishes to do.  And so to say that it is all financial is wrong.  And I think what Fukuyama-san is saying that if someone says it's all financial I don't believe that's the case.  I believe it was always financial, rejuvenation, and basically a general Board decision that this was in the best interest of the school.  Financial is one part of it. 

Fukuyama-san:  I don't understand.  I think this modification of working conditions is disadvantageous for teachers in the school.  So if this modification is made, you, representing the school, should have more complete answer why teachers over 60 should be applied to step 5, not only by the financial need.

Tim Thornton:  I have given you my answer.

Kumata-san:  You already have given to us?

Tim Thornton:  I have given it to you.

Fukuyama-san:  We cannot recognize that unilateral method of decision.  Many teachers have had disadvantageous conditions at 60, so you should listen to their opinions.  You have the responsibility to consult with the teachers in the school.  This autocratic...

Tim Thornton:  Be careful, now.  Because, again, I don't agree with you that it has been autocratic.  The people in this room may disagree with this, but there...we discussed this in great detail with faculty, FSCC.  We spent a long time.  I don't think the word "autocratic" is the word that comes into play here.  Now, Fukuyama-san might not understand and might not like it, but there was a great deal of discussion on this.  This was not an autocratic decision.  So please tell him.

Fukuyama-san:  We have an opinion on this matter, but we would like to save those questions for later.  We would like to go to another question.  For the majority of the teachers in this school they worked very hard for almost 40 years under the work regulations which have been made 40 years ago.  And under the work regulations they have expectations that they can enjoy the same working conditions at 60.  And as for this school year, there are three union members who will be applied this new system.  We do not recognize this new system yet, but those members will be applied the system of reduction of 30% wage cut, but those three members have children who still go to this school, but they have not been prepared for this.  How do you think of this matter?

Tim Thornton:  I think first of all, for 40 years this school has had a retirement age of 60.  I don't think that the expectation...I would disagree with the fact that if anybody had an expectation to stay beyond 60, that's their choice to have that expectation.  There has never been a guarantee to stay past 60.  And so the fact that they are now allowed to stay past 60 until 65, I think that, with a great deal of discussion, was a position that was good for some of them,.  Under the old waiver system, maybe some of them wouldn't have been able to stay.  But there has never been a guarantee that you would stay past 60.  There has always been a waiver system that was up to the admininstative decision and discretion.  And that no longer exists.  So, I think from that standpoint, Mr. Fukuyama is mistaken that for 40 years everyone has had the expectation and had the right to stay past 60.  They may have thought they did, but that may not have been reality.

Ron Dirkse:  May I just ask a question?  Tim, does that mean that we now have a right to stay until 65 no matter what?  If I am a lousy teacher, I am still guaranteed to teach until 65? 

Tim Thornton:  You have the same rights as anybody else, Ron, in terms of staying to teach, so, again, if you rape a student, obviously that is a criminal offense.  But you've been there to know in terms of an evaluation system --what evaluation system that we have is going to evaluate you out?

Ron Dirkse:  So there is no difference between that policy and the old policy.  I am not guaranteed to stay until 65 now and was not guaranteed to stay after 60 before.

Tim Thornton:  In the waiver sytem, though, Ron, it was at the discretion of the administration.  And that's a change.

Ron Dirkse:  No.

Tim Thornton:  Ron, you can disagree with me.

Fukuyama-san:  In the fax you sent to Tokyo Shikoren on June 13, Mr. Thornton said that teachers who have passed the retirement age and if he wants to be rehired after 60, we will consult with them on salary and allowance.  And in the next fax on June 18, you stated that as for basic salary after re-employment the school authorities continue to consult with FSCC to apply D5 on salary scale.  But we have found that FSCC members were not consulted in this matter.

Tim Thornton:  Excuse, me.  Which matter?

Kumata-san:  D5.

Tim Thornton:  Once again, D5 went up on the internet, I believe, this Thursday.    And, again with regard to step D5, in the recent town meeting of September 16^th, and this was brought up by faculty and is in discussion right now.

Fukuyama-san:  These two faxes said that you consulted with teachers on salary and allowances.

Tim Thornton:  Again, there was consultation on the fact that salary would be dropped to step D5 and all benfits would stay. 

Kumata-san:  When?

Tim Thornton:  I'm sure it was in some meeting.  We had meetings on that.  It went into our policies probably in May or June.  The Board approved it, I believe in May.  So, it would have been after June. [sic]

Fukuyama-san:  We understand that the new work regulations were adopted in March.  So that means the Board of Trustees decided the modifications of the work regulations in March.  And after the decision you explained to FSCC?  We said before that PRIOR the teachers should be consulted.

Tim Thornton:  The proposal was put to the FSCC prior to the Board approval and it would be step 5 and all benefits.  I do not have the exact dates that it was presented to them, so they knew,  and, I believe, that the faculty knew what the basic conditions were going to be.

Fukuyama-san:  The Board of Trustees decided in April 2001 that those who are over 60 would not be re-employed after retirement unless he has some special expertise or professional knowledge.  And we understand that FSCC has agreed.  The second point was the termination of employment at the age of 60.  We have heard from a member of the FSCC that the Board agreed to employ those teachers over 60 even after their retirement, but as to the salary and allowances, they were not consulted.

Tim Thornton:  I disagree.

Fukuyama-san:  The point is that the step D5 was notified to the FSCC but their opinions were not heard, we understand.  The issue was not...

Tim Thornton:  Again, in the FSCC there was a great deal of discussion. 

Fukuyama-san:  But the FSCC has no authority to decide to accept the proposal, just to consult?

Tim Thornton:  Right.

Tim Ilse:  May I ask a question?  Are you talking about April 2001 or are you talking about April 2002?

Kumata-san:  2001

Ron Dirkse:  That is when you needed special skills to stay.

Tim Ilse:  And then you jumped to step D5, but that was not in April 2001 discussion.

Kumata-san:  Exceptional cases for special abilities, they will be re-employed even after 60 years of age.

Tim Thornton:  In April 2001, the administration changed the policy as the result of a request of the FSCC for clarification.  They wanted a written rationale as to why some are retained and others are let go after age 60.  We added that into the policy to clarify at the request of the FSCC.  Again, the minutes of the FSCC, May 2001, The administration adjusts the wording of this policy to more clearly explain who will receive extensions.  This came about, I think, at least in our opinion, as a request from the FSCC.

Ron Dirkse:  But, Tim, then that was totally ignored six months later.

Tim Thornton:  The waiver system?

Ron Dirkse:  The special skills.

Tim Thornton:  I think, again, the interpretation of that is in the admin's hands.  You may disagree with it, Ron, but it's in the admin's hands.

Ron Dirkse:  No, when I was fired by Peter it was said that it was going to be that everyone would be out at 60.  Even though the present policy, as it was ammended, said people with special skills and needs of the school would be allowed to stay.  Well, that was never addressed, therefore all of us have no special skills, whatsoever.

Tim Thornton:  What's your point?

Ron Dirkse:  The policy was reinterpreted again.

Tim Thornton:  I disagree with you.

Fukuyama-san:  In November 2001, Mr. Cooper announced to seven members of teachers' union that the school would not re-employ those teachers over 60 without mentioning special expertise or professional knowledge.  We hope you have the letter sent by Mr. Dirkse and ten other members sent on March 29^th.  This was sent to the Board of Trustees.  In the Final Statement of the FSCC issued on March 19^th, it says, It is truly serious that those teachers who will celebrate their 60^th birthday and who will lose their position in the school.  It is very serious.  The FSCC is expected to work for such matters.  So we understand the circumstances of forming the teachers' union was to demand that the school authorities continue the employment.  At the last collective bargaining, Mr. Thornton said, with regard to the unilateral modification of work regulation and the unilateral change of the interpretation of work regulations....

Tim Thornton: What is the unilateral?  I don't understand what unilateral change is?

Fukuyama-san:   That means without prior consultation with teachers.

Tim Thornton:  What particular instance is he talking about?

Fukuyama-san:  In April 2001, when it said that the teachers will not be re-employed unless they have special expertise or professional knowledge and in November 2001, Mr. Cooper said that there would be no employment of teachers over 60. Now these two decisions are unilateral decisions and modifications.

Mr. Ilse:  At the last meeting, Mr. Squier and I agreed that that was not his interpretation as I spoke directly to him. 

Fukuyama-san  Mr. Cooper stated that to the people.

Mr. Ilse:  I was not there and so what we have is Mr. Dirkse or someone else.  I was not at that meeting.

Fukuyama-san:  But on this matter, Mr. Dirkse sent a letter to the Board of Trustees and this matter was written in detail.

Tim Ilse:  But if I write something, that doesn't mean that it necessarily happened exactly as I wrote it.  If I write something, that doesn't mean it's an accurate statement.  If I repeat a conversation, I believe that is called hearsay.

Tim Thornton:  And, again...

Fukuyama-san:  Mr. Beesley gave us an answer and he didn't mention about this matter in the letter.

Tim Thornton:  Just a second.  In regard to the March 29^th letter, again, I'm not sure what you are saying here.  I just read it and what it says is, 

"The notification of mandatory retirement to the affected teachers was definitely handled in less than a professional manner.  Those of us (average length of service of about 22 years) who were summoned to Peter Cooper to be told that our employment would be terminated were extremely upset at his lack of respect and tact.  We were called down in the middle of our teaching day (with no mention of what the meeting was about), into an office with Peter and a subordinate administrator serving as a witness, with no exchange of pleasantries or discussion of our job performance or school contributions, to be succinctly told that a decision was made to not extend anyone's contract, and then dismissed to go about our teaching for the rest of the day.  This was described by the teachers as shocking, rude, weird, incomprehensible, dumbfounded, and hard to believe."

Again, that just simply says that for this year that there were not going to be any extensions.  That's my interpretation.  That was written by seven people.  So I don't see where your understanding of this is different from ours.

Fukuyama-san:  (commenting on the delay in reply from the Board)

Tim Thornton: (Not waiting for the translation)  Well, again, that was sent to the Board of Trustees on March 29^th, The Board of Trustees only meets once a month.  For them to look at this letter, to take this letter seriously, this is not a decision that which people make by themselves. There was discussion held at the Board of Trustees and they have to meet in order to do it.  So, again, I think it was a very quick time as opposed to a very long time.  I don't understand your position.  The school has a policy, we have Personnel Committee, it goes to the Board, that all takes time.  So, again, to get an answer in a month is...

Fukuyama-san:  We have a different opinion.  The Board did not respond to the request, only Mr. Beesley who represents the Personnel Committee sent out the letter. 

Tim Thornton:  Hai.

Fukuyama-san:  So if you have different views, the Board of Trustees should express their opinion on the facts.  Whether it's true or not.  In November of 2001, Mr. Cooper said there would be no re-employment of those teachers over 60, but Mr. Thornton said the school authorities did not issue such a statement.

Tim Thornton:  Again, Mr. Ilse is here with me today.  He is on the administrative council.  The administrative council never, at any time, said that we would no longer give waivers to people over 60. 

Tim Ilse: That was very clear.  This was not intending to set long term policy.

Fukuyama-san:  The reason we raise this issue is that the statement issued by the FSCC on March 19, this said those who will become 60 years...

Tim Thornton:  March 19^th of which year?

Kumata-san:  2002 the Final Statement of FSCC said there are some teachers who have the possibility of loss of employment by reason of birthdate.  It is very serious for them to have such a situation.  This is because Mr. Cooper said there will be no employment of teachers over 60.  So FSCC said this according to the statement of Mr. Cooper.

Tim Ilse:  I think if you read that again, does it not say the possibility?  Would you reread that, please? 

Kumata-san:  It is very serious to imagine those teachers who will face unemployment..

Tim Ilse:  Will you read the whole sentence and the whole paragraph?

Tim Thornton:  I have it here.  Which paragraph?  The last?  There's no mention of a birthday here.

Kumata-san:  Second paragraph.

Tim Thornton:  I don't understand the point here.  I have just read it.  Mr. Ilse has just read it.  Not quite sure what you mean?

Kumata-san:  The reason why they thought so, was based on the statement by Mr. Cooper issued on Novemeber 2001.

Tim Thornton:  This has no bearing on it.  I don't think so.  I don't think so.  I think it is Fukuyama-san's imagination there. 

Kumata-san:  He thinks that the reason FSCC published such a statement was based on Mr. Cooper's statement of November 2001.  He believes.

Tim Thornton:  If this is proof....

Fukuyama-san:  There is a difference of opinion between us but there is one truth or one fact.  So on this matter we will reexamine the original statement.

Tim Thornton:  So he wants to study the statement?

Fukuyama-san:  Mr. Cooper announced in November 2001 to seven members of the teachers union that they will not be re-employed after 60 years of age.  Do you accept this fact or do you agree on what happened in November 2002?

Mid Squier:  Mr. Ilse told me, not Mr. Cooper.  And also Mr. Hohenthaner

Kumata-san:  So you were notified?

Mid Squier:  Yes.

Ron Dirkse:  Mr. Hohenthaner had something to do with Mr. Cooper and then maybe later with Mr. Ilse.  John talks about the meeting with Mr. Cooper.

Tim Ilse:  That might have been after the meeting with me.  See, John went through this twice, maybe the first was with Peter and then the latter with me.

Ron Dirkse:  Yes, I think he was told, "No", by Peter first and then he found out about the birthday thing

Tim Ilse:  Can we go back to that again?  The answer, "No, we don't agree with that statement." 

Kumata-san: Notified?

Tim Ilse:  That their request for waivers had been denied? Is that what you are asking?

Kumata-san: No.

Tim Ilse:  I think that IS what you are asking.

Fukuyama-san:  The point is that in November 2001 he [Peter Cooper] did not mention about the special expertise or professional knowledge which was mentioned in April by the Board of Trustees.  There was an exception.  The Board of Trustees said there will be no employment after 60 years of age unless he has special expertise or professional knowledge.  But in November you didn't mention about these two exceptions.  Just, all teachers over 60 would not be re-employed.

Tim Ilse:  Would you agree that that was done on an individual basis or was a collective basis?

Fukuyama-san:  The meeting in November was individual meetings.

Tim Ilse:  So every person was treated as an individual?  Is that correct?

Fukuyama-san:  We would like to reconfirm that you notified the non-continuation of employment of teachers over 60 in November, and the FSCC started to function from November and they worked in December, January, February, March and then they issued a final statement.

Tim Ilse:  I would like to ask him, again, for the second time.  We agree that that was done individually in November?

Fukuyama-san:  You notified them as representatives of school administration?

Tim Ilse:  On an individual basis.  So we are clear on the fact that this was done on an individual basis.  Is that clear?

Fukuyama-san:  But you represent the school authority, the school administration in those meetings, individually or...

Tim Ilse:  Yes.

Fukuyama-san:  In February 2002, this year, Mr. Cooper announced that with regard to the continuous employment of those teachers over 60 that they would be advised that the salary scale of step 5, which is the same as newly employed teachers, and the contract will be a non-regular contract.  As for this step 5, Mr. Beesley said, according to the new work regulation, teachers have the freedom of choice to remain at ASIJ or not.  He said so.  And Mr. Beesley also said that if a teacher wishes to remain at ASIJ over 60 they were asked in the past to submit a waiver.  We would like to clarify what the waiver system is?

Tim Thornton:  Are you talking about the waiver request?

Kumata-san:  The point he is trying to ask is that no teachers have submitted a waiver?

Tim Thornton:  I'm not sure.  Are you talking about the waiver request form?

Kumata-san:  All of them submitted one?

Tim Thornton:  I believe so.

Mid Squier:  I would think all have.

Fukuyama-san:  We cannot accept your opinion that anyone can choose to remain in this school after age 60 by the new modified regulation.  We would like you to clarify this point.  You just said that every teacher over 60 has the right to remain in this school or not.  By the former regulation they had the condition to submit a waiver request form.  The point is that even those teachers submitted the waiver request form, they could enjoy the same status as before.

Tim Thornton:  If they were granted a waiver.  If they were given a waiver. 

May I ask a question?  Time is almost up.  I would like to just ask for some clarification.  Mr. Ilse, Ms. Noda and myself are the official representatives of the Board of Trustees.  I think last time we gave you a letter to show that.  And we would appreciate it if any official correspondence from union members would be sent to us and not directly to the Board of Trustees.  Any correspondence related to this matter be sent directly to us rather than directly to the Board of Trustees.

Fukuyama-san:  If you have another proposal on this application of Step 5 or something else, we would like to know what kind of proposal would be made in addition to those who already know.  Do you have any new propsal at this time?

Tim Thornton:  No.  Not tonight.  Thank you very much.  Thank you very much.  Fukuyama-san, Thank you very much.

Fukuyama-san:  Chotto...

Tim Thornton:  Fukuyama-san, I'm tired.  I want to go home.  I've been up since 6 o'clock this morning.

Fukuyama-san:  Hitotsu...

Tim Thornton: I need to go.  It's 7:30.  It's 7:30.  It's 7:30.  Fukuyama-san, we can talk and talk til midnight.

Fukuyama-san:  Ni-jikan ...

Tim Thornton:  Time to go home.  It's 7:30.  I have a family to go home to. 

Fukuyama-san:  Gakko...

Tim Thornton:  Fukuyama-san, I have a family to go home to. Thank you. 

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                                   ASIJ Teachers Union
                                        Danko Meeting
                                     September 26, 2002
                               Prepared by Bill Jacobsson




Members Present: Ron Dirkse, Bill Jacobsson, Mid Squier, Ann Burkhardt
Union Representatives: Fukuyama-san, Kumata-san, and Kamoshida-san
Administration: Tim Thornton, Tim Ilse, and Noda-san

The meeting, held at the temple, was opened at 5:30 PM.

Tim Ilse asked for clarification on Union organization in Japan.  How Unions work? Voting? Rules for local Union branch?

Fukuyama-san presented 27 letters of support for the Union members from other Japanese private school Unions.  Tim Thornton acknowledged receipt of the letters.

Fukuyama-san expressed disappointment over the absence of Board Chairman Lee Daniels and Headmaster Peter Cooper.  And he expressed concern that we are not meeting at the school.

Tim Thornton stated he, Noda-san and Tim Ilse are the Board's appointed representatives.

Fukuyama-san requested that the Administration respond to questions with honesty and sincerity.

Fukuyama-san expressed regret that ASIJ has not complied with the 1993 Mitaka City Labor Office demand to file the policy governing workers at ASIJ.

Fukuyama-san mentioned the September 16, 2002 policy changes submitted at the all-school town meeting.  He requested an ASIJ Teachers Union meeting with the Board on policy changes.

Tim Thornton:  Using the FSCC seems to follow the rules of Japanese law.  ASIJ will follow the advice of the Mitaka City Labor office in choosing a faculty representative.

Fukuyama-san considers the retirement policy changes as unreasonable modifications of working regulations that are not allowed by law.

Fukuyama-san  made a demand for an explanation of school finances.  He asked for a justification for the reduction of wages and made a request of the Board of Directors to disclose the schools financial records -- as done by many other private schools in Tokyo.

Tim Thornton said he would ask the Board if they will release the information.

Fukuyama-san reminded Tim Thornton that he, in our first Danko meeting, had denied that financial concerns were a factor in the retirement policy changes and had given the reason for the changes as being managerial concerns.

Tim Thornton then defined managerial as meaning the following: