[APWSLMembers 542] AFFIDAVIT May 7, 2007

[Oidon]

Following is the text of oral statement mede by Takeshi Kojima representing
All-Japan Shipbuiding and Engineering Workers Union (ZENZOSEN)-Kanagawa District
Union as the Plaintiff at Tokyo District Court, Civil Division No. 36 on the
commencement of a lawsuit it brought against the state of Japan as the Defendant
seeking to nullify the decision of Central Labor Relations Commission, which had
dismissed the petition of relief for unfair labor practice by Toyota and Mitsui
of Japan holding that the Labor Union Law of Japan is exclusively for labor
issues occurring within Japan and therefore not applicable to Plaintiff's
petition for collective bargaining on behlf of TMPCWA because the subject matter
is substantially occurring in a foreign country.

AFFIDAVIT

May 7, 2007
To:Civil Division No. 36
Tokyo District Court

From:Takeshi Kojima,
Officer, Kanagawa Regional Union of
All-Japan Shipbuilding & Engineering Workers Union (Zenzosen), Kanto Regional
Conference; Plaintiff and
General Secretary, Support Group for TMPCWA in Japan


On behalf of the Plaintiff, I hereby state as follows the reason along with our
thoughts why we, the Plaintiff, had to bring this Complaint before your esteemed
Court. It would be greatly appreciated if the Court could most kindly give it
enough consideration.

I. It is true that a foreign country is one of the scenes of this case in that
the underlying facts of this case is over the rights of workers to organize, to
bargain collectively and to strike. Given the unfair labor practices by the
management side to infringe upon the fundamental rights of workers, however, it
is possible to say that this case is rather happening in this country, Japan as
the main scene of it. Because the company in the Philippines concerned is a
local company of a Japanese multi-national company, Toyota Motors Corporation
(TMC), whose sales and profit have now become 'Number One' in the world so that
we believe, it is no-one else than TMC in Japan who should take responsibility
to solve the dispute.
We sometimes hear even some deliberate people say, "It is unbelievable that a
company like Toyota is acting in that way because Toyota is generally regarded
as a good model company as making it publicly clear to abides by compliance and
to take corporate social responsibility. There must be something wrong on the
side of the workers, who are perhaps launching a one-sided propaganda by hiding
the truth." Unfortunately, however, what we are claiming is true. An article by
Fumio Kaneko and Haruhi Tono, "What is Toyota Doing in the Philippines?" (Sekai,
Dec. 2006, Tokyo: Iwanami) has detailed account of the dispute.
Toyota Motor Philippines Corporation Workers Association (TMPCWA) had gained the
majority of supports among the workers of Toyota Motors Philippines Corporation
(TMPC) in the Certification Election provided by Labor Code of the Philippines,
and subsequently the Supreme Court of the Philippines had affirmed this union as
the Sole and Exclusive Bargaining Agent (SEBA). Nevertheless, TMPC have been
rejecting for four years collective bargaining with this union, openly insisting
that they do not have any duty to talk with the union until a pending case
before the Court of Appeals is settled ruled. Meanwhile, the company step by
step helped establish a yellow union, and forcefully conducted another
Certification Election with the support of the Philippine Government (Department
of Labor and Employment). Thus, while the case before the Court of Appeals was
still pending, TMPC recognized this yellow union as SEBA and dared to enter into
a Collective Bargaining Agreement with it. International Labor Organization
(ILO) sees such a behavior problematic in this way of settlement, because which
may be violating as a breach of the ILO Conventions No. 87(C87) and 97(C97).
International Metalworkers Federation (IMF), which is a global union for the
workers of metal industries, is also strengthening the international criticism
of the Toyota's way.
We do believe that there must be working a strong intention, like direction or
approvals of TMC in Japan as the command post in order that TMPC could behave so
arrogantly despite such criticisms in the world. We also think that TMC in Japan
as the parent company has a responsibility to correct its local company's wrong
policy of labor relations.

II.With such background as mentioned above, TMPCWA as a last resort joined our
union existing in Japan, and thus we filed a petition for relief for unfair
labor practice seeking an order to make TMC to accept collective bargaining with
our union. However, the Labor Relations Commission, especially Central Labor
Relations Commission as the second instance, quite easily dismissed our
desperate but sincere petition without taking seriously as a labor
administrative agency the fact that a Japanese multi-national enterprise is
causing a grave matter in a foreign country, by saying that this case is a
foreign matter and therefore beyond the scope of application of the Labor Union
Law based on its arbitrary interpretation that the Labor Union Law of Japan is
applicable only to the matters happening or existing within Japan.
Thus, are hardly persuaded with the statutory interpretation, the proceedings of
examination and the conclusion of judgment by the Central Labor Relations
Commission, and now therefore we have brought this lawsuit with a thought that
there is left no means at all except asking a judgment by a judiciary authority.

III.We have ever concerned ourselves with an issue of exporting hazardous wastes
from Japan to the Philippines by a certain Japanese shipbuilding company. When
the company began its business of shipbuilding and scrapping old vessels in Cebu
Island, it polluted neighboring seawater with heavy metals and waste oils and
thus caused serious devastation of the environment there. We, as shipbuilding
workers, consulted with the local residents, and as a result many wrong and
faulty managements of the company were revealed. The matter was then discussed
among the Department of Environment and Natural Resources of the Philippines,
Environment Agency, Ministry of International Trade and Industry, and National
Land Agency (respective names at that time) of Japan as well as the National
Diet. It also turned out that the company was violating an international treaty,
that is, the Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and Their Disposal. Finally, the company was obliged to give up
the business of ship-scrapping.
Knowing this achievement made by us in Cebu Island, TMPCWA contacted us and
sought international support. This made us know the fact that unfair labor
practices were being exported from Japan to the TMPC just like the hazardous
wastes had once been exported to the shipbuilding company in the Philippines
before. We do consider that any Japanese multi-national company's causing labor
dispute in any Asian country is nothing but an export of labor problems beyond
the national boundary.

IV. The United Nations Human Rights Council is currently casting a close eye on
the attempts of assassination by the National Armed Force of the Philippines
against labor, farmer and social movement activists as well as religious
leaders. Since 2001 when President Arroyo came to the power, more than 830
leaders have already been killed. In last March Ed Cubelo, the president of
TMPCWA, who came to Japan to present their protest and request to the Toyota
Headquarters, to make solicitation from OECD-NCP, and to communicate with and
seek supports from Japanese workers, is also always feeling that his life is at
risk. He left Japan as saying that he would not be able to go home straightly on
his arrival at the airport in the Philippines because of insecurity.

V.Now that we came to know this reality in the Philippines, it is indispensable
to solve this labor dispute as soon as possible so that the workers of TMPC can
live peacefully with their family. We have to remind ourselves that all of us
Japanese, workers, the people laborers, nation, company managers, lawyers,
politicians, and the Government, are heavily responsible for this issue in any
way.

For those reason and thoughts mentioned above, we have brought this Complaint
before your esteemed Court. We sincerely expect a fair judgment of the Court.