Industrial Relations and Regulation of the Discretionary Labor System

Abstract

This paper explores the possibility of restricting excess work hours by examining the role of labor unions in adopting the discretionary labor system. According to various studies, this system has made work hours longer. In order to determine the relationship between the adoption of the system and excess work hours, however, it is important not to overlook the role of labor unions. The Labor Standards Act requires an agreement between labor and management for the system to be valid.Thus, this paper clarifies the role of labor unions in the adoption of the discretionary labor system through interviews with labor union officials involved in selecting workers to whom the discretionary labor system is applied. It finds that in cases where a significant deviation occurs between deemed working hours and actual working hours, labor unions take steps to exclude such workers from the discretionary labor system. This investigation allows us to determine the effective means labor unions possess, through labor―management agreement, to restrict long work hours when the discretionary labor system is adopted.