1: #Sumitomo Osaka Cement

Yokohama Branch Station#

 

2: #This is Nobukazu Kaikura

He’s 36

 

3: #He’s done transport work

since graduating high school

 

4: #He’s hauled flour, concrete,

and even driven dump trucks

 

5: #Now, he transports cement

 

6: #He’s had this job for seven years

 

7: #No messin’ around#

 

8: I’m not messin’ around

 

9: Just about to hit the road

 

10: #Alright, take care,

you salary thief#

 

11: Did you just call me

a salary thief?

 

12: #You heard me#

 

13: I’m no thief

 

14: #Sure you are#

 

15Start making money yourself

 

1:1B On the radio with a former co-worker

16: #I would if I could!#

 

17: Can’t find work, huh?

 

18: #Yeah, you took all my work#

 

19: Don’t blame me

 

20: #It’s all your fault#

 

21: I’ve got nothing to do

22: with other companies

 

23: #Sure you do#

 

24: How so?

 

25: #We’re all on the same tree#

 

26: In the same industry, you mean

 

27: #Right#

 

28: What can I do?

The companies are all corrupt

 

29: #Why should we suffer for it?

Help me out, buddy!#

 

30: Tell that to the bosses

 

31: #I would if I could#

 

32: I know what you mean

 

33#Kaikura always loved

cars and motorcycles

 

34#After high school, he passed

on a prospective job

 

35#and became a driver at

his father’s workplace#

 

36: I doubt I could ever

handle a normal job

 

37: A normal job?

 

38: Like wearing a suit,

commuting on a train

 

39: Why not?

 

 

40: Can’t stand sitting in front

of a desk all day like that

 

41: - You’d rather move around?

- Exactly

 

42: I’d rather be driving,

which I enjoy

 

43: I get to go places

 

44: #In March 2004, a strike was

held at a cement company

 

2:2B #On Strike:

Rentai Union

 

45: #Kaikura received a flyer that day

 

46: #It said that any one individual

of any occupation can become a member

 

47: #He kept them in mind

over half a year,

 

48: #when his work situation

became unbearable#

 

49: Frankly, I hit rock bottom then

 

50: I’m only now returning to

a somewhat normal life

 

3:3B UNION A NORMAL LIFE, PLEASE

 

4:4B #Tokyo Station

 

51#Cement is one of the raw

materials of concrete

52#Indispensable to construction

and civil engineering,

 

53#cement is essential to

modern civilization

 

 

54#In the Tokyo metropolitan area,

construction sees no end

 

55#Day and night, on weekdays and

on weekends, round-the-clock

 

5:5B #24 Hour Operation

 

56#All this construction

requires concrete

 

57#Thus, cement transporters

can barely rest

 

5:5B 1:00am

58#On March 9, 2005

in Kanagawa prefecture,

 

59#a cement truck was involved in

an accident, killing its driver

 

60#Two passengers in the oncoming car

were also injured

 

61#The truck driver, told he’d be

fired if he took a sick leave,

 

62#had a high fever on

the day of the accident#

 

63: A friend radioed me

 

64: over on the private line

 

65: Said a truck got into some accident

 

66: and that the driver was killed

 

67: I was on the same project, I think

 

68: That was when I could barely go home

for an entire month

 

69#Kaikura works for a company in Tokyo

called Touto Transport

 

70#It carries 18 cement trucks,

and grew rapidly recently

 

71#The growth came from a highly illegal

All-Commissions System”

 

72#With no overtime pay, they’re paid

only for the amount of cement carried

 

73#According to Kaikura’s log book

for March 2005,

 

74#he departed 3:40am

and returned at 2:46am

 

75#Departed 3:00am,

returned 11:11pm

 

76#Departed 11:25pm,

returned 5:00am,

 

77#Departed 5:50am,

returned 4:16am

 

78#Departed 4:25am,

returned 4:15pm

 

79#Departed 9:00pm,

returned 1:33pm

 

80#Departed 6:00am,

returned 3:18am...

 

81#These hours continued

for 13 consecutive days

 

82#He worked 552 hours and 34 minutes

during that month

 

83#These hours far exceed

the safety standards

 

84#set by the Ministry of

Health, Labor and Welfare

 

85#There are 720 hours in a month

 

86#If he worked 552 hours,

that leaves him only 168 hours

 

87#That’s a mere 5.7 hours for himself,

including commute, eating and sleep

 

88#Despite these hours, he only

received about 300,000 yen per month

89
#He received no social or employment

insurance, nor sick days

 

90#Worse, his commission percentage was

lowered over two years

 

91#from 42 percent to 40, 38, 36, 33,

 

92#notified through one memo without

any discussion with the drivers

 

93#The only reason given was that

the company was in the red#

 

94: The worst was when I was hardly

able to go home for a month

 

95: I was home maybe one or

two hours each evening

 

96: That’s all?

 

97: I’d take a bath, eat and head out,

over and over for a month

 

98: At first, I was just eager

to earn the money,

 

99: but by the end,

it just felt ridiculous

 

100: Not like we get night-shift rates

like their own shippers get

 

101: Their own shippers?

 

102: Fucox’s own shippers

 

103: Fucox employees?

 

104: Right, Fucox employees would need

to be paid insurance and stuff,

 

105: but with us subcontractors, they

only need to pay for the freight

106: No other costs to worry about

 

Sumitomo Osaka Cement

107#The cement carried by Touto Transport

are Sumitomo Osaka Cement products

 

Fucox Corporation

 

108#Fucox is the exclusive carrier

of Sumitomo Osaka Cement

 

109#Touto is one of the subcontractors

carrying goods for Fucox

 

110#All dispatch assignments

come directly from Fucox

111#The average annual income for cement

truckers in the Tokyo metropolitan area

 

112: #was approximately 6 - 7 million yen

until about ten years ago

 

113#However, after the government’s

deregulation policies since the ‘90s,

114#the streamlining of

cement distribution,

 

115#cut-throat competition

between contractors,

 

116#and rising cost of fuel, outsourcing

to subcontractors has become common

 

117#Kaikura sought help

from the Rentai Union

 

118#It’s a labor union primarily

comprised of workers in...

 

119#the transport industry carrying cement,

concrete and construction materials#

 

Daisuke Nakatsuka Rentai Union

 

120: He was clearly overworked

 

121: He was on the brink of

working himself to death

 

122: With those kinds of hours,

he barely had time to eat

 

123: He had to make do with

quick take-out food

 

124: And he was barely even home, so he

only bathed once every few days

 

125: So you could see his skin

didn’t look too healthy

 

126: It was the color of dirt

 

127: How does he compare with

other drivers who’ve come here?

 

128: Well, his work hours are

far beyond the norm,

 

129: much longer than any driver

I’ve ever spoken to

 

130: It’s funny, you know

 

131: Before the union, we thought

this was normal for our industry

 

132: You all thought that?

 

133: Yeah, that driving from late night

til the next evening was normal

 

 

134: When I joined the union, I realized

this wasn’t normal at all

 

135: - That you’re being abused

- Right

 

136: Why was this hard to realize?

 

137: Because everyone else

was doing the same thing

 

138: The other cement drivers?

 

139: Right, all the cement drivers were

were pulling the same late hours,

 

140: so we figured that starting in the

wee hours was how things were done

 

141: But when the boss told us we’re

switching from commissions...

 

142: to an amortization system,

I had to get the union involved

 

143: My back was against the wall

 

144#The amortization system holds

the driver responsible for all costs,

 

145#including vehicle lease, fuel,

insurance, and maintenance fees

 

146#In March 2006, Kaikura notified his

company that he joined the union

 

147#The company responded by bringing in

Mitsuo Kudo, a friend of the boss,

 

148#to intimidate Kaikura everyday...

 

149#that if the company folds, they’ll

hold him responsible with a damage suit

 

150#Kaikura and Kudo visited

the union office together

 

7:7B March 19,2006

 

151#UNION: Typically, our members

come by themselves, alone

152: #KUDO: Why?

 

153: #UNION: None of your business

 

154: #KUDO: Kaikura, go ahead

 

155: #KAIKURA: I’ve decided...

to withdraw from the union

 

156: #UNION: For what reason?

 

157: #KAIKURA: Basically, I have to take

into consideration the others...

 

158: #KUDO: Just say it

You owe it to them

 

159: #KAIKURA: I owe it to them

 

160#That day, Kaikura submitted

his withdrawal notice

 

161#However, he himself didn’t

wish to quit the union#

162: The boss offered to pay

a little stipend

 

163: if I’d quit the union

 

164: How much did he offer?

 

165: Um, 300,000 yen

 

166: Then within two or three days,

they asked for a resignation letter

 

8:8B April 8,2006

 

9:9B Touto Transport office

167: You created these, right?

168: Hey, cut it out!

 

169: Asshole

 

10:10B #Masahiro ohura

Touto Transport President

170: Get the hell out

 

171: Give it a rest, dammit!

 

172: Who the fuck are you?

 

173: We know everything

It’s too late

 

174: Fine, so you know what’s up

 

175: That’s why you’re here

 

176: What the fuck are you filming?

 

177: I said don’t touch him

 

178: Don’t touch him

 

179: Sir, explain to me

who this man is

 

11:11BMitsuo Kudo,
company “associate”

 

180: He doesn’t want to quit

the company or the union

 

181: He hasn’t said anything

 

182: You need to tell them you have

no intention of quitting either

 

183: Kudo, listen, he’ll say it himself

 

184: I have no intention of

quitting the union

 

185: So you as the president need

to ask Kudo to back off now

186: Tell him, “Thanks for your concern,

but this is a company matter,”

187: and the problem is solved

 

188: That’s your only choice

 

189: Fine

 

190: Great, so tell him

 

191: Hey Kudo, not much we can do...

Kudo, listen!

 

192: They’ve found out, or rather,

it’s come to this,

 

193: so all we can do as a company is

discuss it and work it out

 

194: That’s my thinking, got it?

 

195: So now, regarding this issue,

I need you to stay out,

 

196: especially since Kaikura...

 

197: said he has no intention

of quitting the union

 

198: I don’t care what you say,

I’m not backing down

 

199: I won’t back down

 

200: They asked me to sign this

resignation letter dated March 31,

 

201: which also states I won’t object

to anything during my tenure,

 

202: and then asks for my name,

address and seal

203: I didn’t have my seal on me,

so they said they’ll use the company’s

 

204: Use this opportunity to become a man

that can stand up to those threats

 

205: That’s what’s most important to you

It’s what being in the union is about

 

206: Being able to stand up to injustice

 

207: Being able to object to

unreasonable conditions

 

208: Now that you’re in the union,

you need to become a strong person

 

209: #The following day, April 9,

 

210#amidst anxiety about his future,

Kaikura’s mother became ill

 

211#She soon died

 

12:12B #Tae Kaikura
age 69

 

212#From that day on, Kudo began to pay

daily visits to Kaikura’s home

 

213#He was so relentless that

he even showed up at her funeral

 

13:13B #North Yokohama Funeral Hall

 

214#Worse, he even brought his

henchmen to the funeral#

 

215: Have some decency

 

216: It’s a funeral, for Christ’s sake

 

217: Get ‘em

 

218: What the hell are you filming?

 

219: Come here, punk

 

220: Don’t touch me

 

221: What the hell

 

222: Cut it out

 

223: What’d you say to

our boss about me?

 

224Don’t let them break the camera

 

225: Don’t touch me

 

226: I said cut it out

 

227: Need a lesson, kid?

 

228: Sure, teach me

229:

 

230: Think I’m afraid of

some stupid camera, huh?

 

231: Lose the fuckin’ glasses

 

232: Call the police

 

233: Help me!

 

234: Fine, call the cops

 

235: Help me! No physical violence!

 

236: Goddamn punk!

 

237: Hey, stop it!

 

238: Enough with the violence!

239: Hey, don’t touch him

 

240: Don’t touch him

 

241: I’m not touching him

 

242: Don’t surround him like that

 

243: That’s blatant intimidation

 

244: Remember what we talked about

yesterday? How about it?

 

245: I understand what you said

 

246: You know what’ll

happen here otherwise?

247: So tell these union folks

 

248: You just said yes, right?

249: You said yes, did you not?

 

250: Fine, I’ll talk to them

 

251Wait, listen to me

 

252: Let’s break it up

 

253: You’re with the union?

 

254: I’m with the union,

and this is my mother’s funeral

 

255: They just barged in

It’s outrageous

 

256: What’re you taking statements for?

 

257: There’s nothing here, dammit

 

258: Go home!

 

14:14B #In the name of the company, Kudo and

his men assaulted three union men,

 

15:15B #who sustained injuries requiring

two weeks for recovery

 

16:16B #The police used the video footage

as evidence in arresting the men

17:17B #They were later prosecuted on

charges of assault and battery

 

18:18B Kaikura Residence

19:19B #Mitsuhiro Kaikura,

father#

 

259: No one with common sense

would do that

 

260: Any union activity and our funeral

are completely separate

 

261: It’s unforgivable that they’d

come to an occasion like that

 

262: #On June 14 2006,

 

263#the union received a letter

from Touto Transport stating...

 

264#that Mitsuo Kudo was hired as

the company’s human resources director

 

265#Kaikura notified the company that

he will be striking in protest#

 

20:20B June 19,2006
Notification to strike

266: We’re asking them to remove

Kudo from his position

267: Otherwise, they’re clearly

unrepentant about everything

 

268: Why so many guys?

 

269: I don’t need orders from you

 

270: Meet the new HR director

271: Get your hands off me

 

272: So let’s just talk

 

273: He’s on strike until you’re gone,

so read it

 

274: Strike? Why?

 

275: How can a guy convicted of assault

be the HR director? It’s ridiculous

 

276: That doesn’t matter

 

277: Sure it does

You’re the problem

 

278: I apologize about Kaikura

 

279: What about the assault?

 

280: Who cares? It just happened

 

281: Just happened?

 

282: Do you understand the charges?

 

283: Couldn’t care less

 

21:21B: #Fucox Headquarters

 

284#Despite knowledge of Touto’s

forceful actions against Kaikura,

 

285#Fucox continued their dispatches,

keeping Touto as a subcontractor

 

286#The union demanded that

Fucox take responsibility#

 

287: About the dispatches...

 

288: I don’t know about them

 

289: Then what’re you talking about?

290: Look, Fucox is...

 

291: We’re not talking to you

if you come in a big group

 

292: Let’s make arrangements first

 

293: Touto hired a violent man as

HR director to bust the union

 

294: What is Fucox doing about it?

 

295: I made an appointment, you know

 

296: Frankly, this is rude!

 

297#On June 29 2006,

 

298#Kaikura and others went to investigate

one of Sumitomo Osaka Cement’s plants

22:22B #Sumitomo Osaka Cement

Tochigi Plant#

299: Those all cement trucks?

 

300: Right, all of those

 

301: All lined up at this hour!

 

302: Not even 2am yet

 

303: The loading hours are

getting earlier since...

 

304: they can’t overload as much

 

305: 12.150 tons

 

306#They found an illegal,

overloaded vehicle#

307: Look at it

How many tons is it?

308: Over the limit, no?

 

309: I don’t know

310: All you have to do

is read the number

 

311: Please, stop this

 

23:23B #This truck has a 14.20t load
despite its 12.15t limit

 

312: We’re asking...

 

313: the guy with the slip to check

 

314: The slip

 

315: It’s a 12.150, right?

 

316: How much are you carrying?

 

317: I don’t know

 

318: We’re gonna check

319: Fine, hurry

320: We’re checking now

 

321: So hold on

322:Unload the excess first

 

323: Sure, sure, thanks

324: Look, I really need to get going

325: I’ll go check

 

326: You don’t need to come

 

327: We need to check

 

328: - Then do it

- We’ll do it together

 

329: Weren’t you doing it?

 

330: Look, this isn’t personal

 

331: I know

 

332: The transport department

at the headquarters...

 

333: maintains a stance of

eliminating overloads

334: We’ve been trying to

keep this under the radar,

335: but there’s only so much

we can do on our end

 

336: So the HQ determines this?

 

337: In terms of distribution, yes

338#The company indicated that their HQ

determines the load capacities

 

339#The investigation revealed their

tacit approval of the overloading

 

340#On July 11 2006, Kaikura suffered

a terrible pain in his stomach

 

341#He was diagnosed with a hole in his

intestine, and underwent surgery

 

342#He was also diagnosed with Crohn’s

disease, an incurable illness

343#For three weeks, he was confined to

complete bed rest in the ICU#

 

344: Does it hurt?

 

345: Not at all

 

346: I get nutrition through

this tube in my stomach

 

347: Your stomach?

 

348: A bit below my stomach, really

 

349: Goes straight to my intestine

 

350: They said fatigue had a lot to do

with it, since I barely had rest

351: Frankly, the only thing

on my mind was money

 

352: I was just worried about

earning as much as possible

 

353: If I didn’t work, I didn’t earn,

so I couldn’t afford to rest

 

354: The more I rest,

the less I take home

 

355: I really wish I could live

more normal life

 

356Just a regular job, you know

 

357Something more reasonable

 

24:24B #August 17, 2006

Collective Bargaining with Touto#

 

358: We’ll need to bring Kudo

into the negotiations

359: Look, he’s not a bad person,

set aside that one incident

 

360: And soon, he’s going to be

our main representative

 

361: Your company’s representative?

 

362: That’s right

 

25:25B #Fucox Headquarters#

 

363: What a nuisance

 

364: You’re that close to murdering him!

365: Wanna kill your workers?

 

366: Is profit all you care about?

 

367: Such a nuisance

 

368: As long as you profit,

you’re fine with people dying?

 

369: Wanna overwork ‘em to death?

 

370: Ever bothered to care?

371: How about it?

 

372: Did the boss send you here?

 

373: Shouldn’t you get back to work?

 

374: You’re obstructing pedestrian traffic
375:

 

376: Clear the sidewalk

 

377: It’s totally clear, see?

 

378: Don’t you have work to do?

 

379: Taking photos?

 

380: Why don’t you spend the time

solving the problem instead?

 

381: Am I wrong?

 

382: Solve the problem instead

Think about it

383: Hard to solve things

when you do this


384:
 #Fucox insisted they have no intention

of intervening in the Touto situation

 

385#They avoided responsibility,

even defending Kudo’s actions

 

26:26B: #October 24, 2006

 

27:27B #Sumitomo Osaka Cement Headquarters#

 

28:28B Take Responsibility

 

29:29B No More Killing

 

386: Give it a rest

387: We’re pissed, you understand?

We’re here on his behalf

 

388: He’s still connected to tubes

 

389: Murderer!

 

390: Gimme a break

 

391: Murderer? That’s going too far

 

392: But people did die!

 

393: They really died

 

394: The Sanwa Sekisan driver died because

he was told he’d be fired if he rested

 

395: Ever said you won’t use

transporters like that?

 

396: He was carrying your cement

 

397: You tolerate illegal

companies like them?

398
: What happened to compliance?

 

399: If they did those things against your

policies, then that’s different

 

400: We’ve always been in compliance

 

401: Yeah, right

Only after the union complains

 

402: Always have, always will

 

403: Since when?

 

404: Bring those slips

405: Proof of overloading

 

406#The company insisted that it had no

capital ties with Fucox or Touto,

 

407#and that it can only ask them to

comply with regulations as usual#

 

408: It should be flush on your end

 

409: Watch your back

 

410: Watch your back

 

411: Up it goes

 

412: #They’re paid only on commissions

 

413: #No overtime, no social or employment

insurance, no sick days...

 

414: #More and more workers find themselves

in these illegal conditions

 

30:30B #“Are Workers Slaves?:

The Cruelty of Sumitomo Osaka Cement”

415: #Hey Kudo, not much we can do...

Kudo, listen!

 

416: #They’ve found out, or rather,

it’s come to this,

 

417: #so all we can do as a company is

discuss it and work it out

 

418: #That’s my thinking, got it?

 

419: #So now, regarding this issue,

I need you to stay out,

 

420: #especially since Kaikura said...

 

31:31B #No more killing

 

421: #Enough with the violence!#

 

422: No need to hide

Go up for a good look

 

423: This is one of your

own subcontractors

424: You’re accomplice to this,

so watch closely

425: They’re trying to kill him

 

426: Get a good look

427: You’re the ones using

companies that do this

 

428: See how they’re threatening him?

Take a good look

 

429: They went to his mother’s funeral!

Is that not despicable?

 

430: Don’t hide there

Go up and get a good look!

 

431: They tried to barge into his home

on the very day she died!

 

432: They work for you!

 

433: They did this while his mother’s

being cremated! What would you do?

 

434: Say something

435: Take responsibility!

 

436: Stop the killing!

 

437: Stop the killing!

 

438: Don’t kill your workers!

 

439: Don’t kill, Sumitomo Osaka!

 

440: Don’t kill, Sumitomo Osaka!

 

32:32B The next day,Sumitomo Osaka Cement
promised to make a sincere effort…

 

33:33B to work towards a solution

with Touto and Fucox

 

441: Congrats on the discharge

442: Thanks

You’ve been so helpful

443: We screened your video yesterday

444: I’m embarrassed

 

445: Do you want to keep

working as a driver?

 

446: It’s probably about

the only thing I could do

 

447: I’m not cut out for

some office job

448: Think you’ll hang in there?

 

449: I have no choice

 

450: At this point, I have to

put pressure on the company

 

34:34B #In November 2006, Rentai Union

began negotiations with Fucox

 

35:35B #On March 20, 2007, the parties

reached an agreement

 

36:36B #Kaikura found employment with a new

company beginning April 2, 2007

 

37:37B #April 1, 2007#

 

451: How does it feel

being in a car again?

 

452: No big deal

 

453: No problems?

 

454: Well, I’m starting off

in the passenger seat

 

455: Think you can drive?

456: Sure, it’s only been a year

since I stopped driving

 

457: I’ll be fine after a day

 

458: You’re used to it

 

459: Sure was rough, though

 

460: Would’ve been worse if

wasn’t for the union

 

461: That’s what I’ve been saying

462: Only so much one person can do

 

463: It was terrible at first,

those men outside

 

464: Was that last March?

 

465: Just after the union got involved, I think

 

466: Not to burden you with this,

but to tell the truth,

 

467: my wife’s passing was

partly due to this

 

468: She wasn’t really ill,

but her age was catching up

469: She said her hips and feet

hurt everyday

 

470: Before the union got involved,

 

471: she was already thinking

of quitting her job

 

472: She was still working?

 

473: Right, it was part-time

work as a janitor

 

 

 

474: But she’d just talked

about quitting,

475: since it was hard on her body,

when she suddenly died

 

476: She’d never really been sick

or hospitalized or anything

477: You could say she was

the biggest victim

 

478: But now you can work again

 

479: Yeah, the future’s ahead of me

 

480: If things can get better,

481: then all is well

 

482: Good morning

 

483: Been a while,

waking up so early

 

484: It’s been, what,

months? Years?

 

485: Almost there

 

486So have you found a “like a normal life” 
like you said you want?

 

487Hm, normal life”...

 

488: I wonder

489: I do have regular hours now,

and I get overtime and insurance,

 

490: which I think is what

a normal job should be like,

 

491: so being with a company like this

is a big first step for me

 

 

492: If I didn’t take a stand then,

I wouldn’t be in this position

 

493: But even though I might be okay now,

 

494: in order to make things better,

 

495: we need to keep taking action

 

496: So I intend to stay in the union

 

497: and to keep grappling with

the companies, or else...

 

498: nothing will change

 

499: Frankly, Touto isn’t the only one

There are others just like me

 

38:38B #Touto Transport

 

39:39B #Apologized for excessive hours, unpaid

overtime, union busting, and violence

 

40:40B #Currently out of business

 

41:41B #Fucox

 

42:42B #Apologized for neglecting violations,

union busting, and violence

 

43:43B #Terminated their contract with Touto

and established a new company

 

44:44B #The new company was named

Quattro Distribution

 

45:45B #They hired most of the drivers

previously employed by Touto

 

46:46B #They were drivers hired by Kudo

through an illegal agency

 

46:47B #In June 2007, Kaikura was finally

able to purchase a family altar

 

 

48:48B #He continues to work as a cement driver

while battling Crohn’s disease

 

49:49B [Cast]
    KAIKURA Nobukazu

KAIKURA Tae

KAIKURA Mitsuhiro

 

[Reserch Support]
Rentai Union

50:50B [Cinematography&Editor]
TSUCHIYA Tokachi


[
English subtitles]
GOTO Taro

[Production Company]
group Low Position

 

51:51B #Directed by: Tokachi Tsuchiya

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