these various acts of the Ryukyus, and covers the same subject matter. No. 5 is the United States Civil Administration of the Ryukyu Islands, CA Ordnance No. 90, which has to do with the question that Congressman Roosevelt asked concerning whether or not businesses could be set up in the Ryukyus which would be competitive with the United States businesses. That act points out that the governor will exercise control through a board of any business or any economic enterprises that are set up in the Ryukyus.

I am further informed by our military government personnel who handle the Ryukyu administration that the Commerce Department has designated the Ryukyus as being a foreign government, and that any imports coming in would be subject to the same imposts or duties that those coming from some other foreign government would require. Mr. ROOSEVELT. Have a copy of that?

Colonel HERR. I have a copy of the act.

Mr. ROOSEVELT. Of the Commerce Department decision?

Colonel HERR. I do not. That was merely information I thought perhaps the Commerce Department itself could be called to give such testimony if you desired it because I do not want to speak for the Commerce Department.

Mr. ROOSEVELT. Would it be all right if the staff requests that from the Commerce Department?

Mr. ELLIOTT. Without objection, if the staff will get that information and submit it, it will become a part of the record following the documents that Colonel Herr is discussing now.

Mr. CHUDOFF. Is there any industry on the Ryukyus other than the building of military basis by the military?

Colonel HERR. I have some information on that, too.

Mr. CHUDOFF. It just seems to me unless there is some private industry there this is all much ado about nothing.

Colonel HERR. There are two reasons why your question might be well taken, or, rather, your statement might be well taken. One is that we think perhaps there is very little likelihood that the Fair Labor Standards Act could conceivably apply to the Ryukyus because of its foreign status and because of the entire employment force being non-American Ryukyuians, and so forth.

The second is that there is practically no industry to speak of. There are a total of 777,000 Ryukyuians on the Ryukyu Islands, of which 657,431 are on Okinawa. There are a total of 9,000 of these folks unemployed.

The 132,000 employables are employed as follows: self-employed and in-family workers, 50,000. Of these 50,000, 35,00 are proprietors of their own little businesses, and 15,000 are the family working for the proprietors. There are paid workers, a total of 82,000. Working for the government are 20,000 employees. Total employed by the United States forces there: 44,000. There are 9,000 domestics, and there are 9,000 employed in private industry having no relationship with the United States forces.

Mr. CHUDOFF. Do they manufacture anything in the Ryukyus? What do they manufacture outside of mats and things like that? Colonel HERR. I beg your pardon?

Mr. CHUDOFF. Outside of maybe mats, do they have any kind of industry at all on the islands?

Colonel HERR. I would like to be able to look through this a little more carefully on that point.

As far as I have been able to learn, the bulk of their industry, or the bulk of these privately employed people work for people who employ five or less. So if they manufacture, it is in very small units.

I believe that in this document I might find more particulars on that particular question, if I may beg off for a few moments on it.

Mr. ELLIOTT. Colonel, at this point, will you name the principal islands in the Ryukyu group?

Colonel HERR. There is Okinawa and Amami. Those are the only two I can see listed on the map. within the Ryukyus chain or not. chain there are two names listed. Amami.

I don't know whether Amami is In what appears to be the Ryukyu One is Okinawa and the other is

Mr. ELLIOTT. Thank you very much.

Colonel HERR. But, as I pointed out before, Amami must not be a principal one because the total population of all the islands is 777,000 plus, and, of that 657,000 are on Okinawa.

So I believe Okinawa would be the principal island.

Mr. HOLT. Kwajalein is a part of the Marshall Islands, is it not? Colonel HERR. Yes, sir.

Are there any other questions that do not have to do with geography?

Thank you.

I will look up that other question. I will be prepared to give you what I have on it in the next few moments, sir.

Mr. ELLIOTT. You have not finished detailing those documents. Colonel HERR. I beg your pardon. I was thrown off the track. The next is the United States Civil Administration of the Ryukyu Islands, Civil Administration Ordnance No. 116, entitled "Labor Relations and Labor Standards Concerning Ryukyuan Employees." That is another one relating to the fair labor standards within the Ryukyu Islands.

The seventh is the one I read from a moment ago, the statement of policy regarding use of local labor standards in foreign areas with instances which give reason for that policy.

Mr. ELLIOTT. Without objection, the documents will become a part of the record at this point.

(The documents referred to follow :)

GOVERNMENT OF THE RYUKYU ISLANDS

Act No. 42

(3d Session, 2d Regular)

(L-35)

AN ACT RELATING TO TRADE UNIONS

Be it enacted by the Legislature of the Government of the Ryukyu Islands—

CHAPTER I. GENERAL PROVISIONS

ART. 1. The purposes of this Act is to elevate the status of workers by promoting that they shall be on an equal standing with their employers in their bargaining with the employer; to protect the exercise by workers of autonomous self-organization and association in labor unions so that they may carry out collective action including the designation of representatives of their own choos

ing to negotiate the term and conditions of work; and to encourage the practice and procedure of collective bargaining resulting in trade agreements governing relations between employers and workers.

2. The provisions of Article 35 of the Criminal Code (Law No. 45 of 1907) shall apply to collective bargaining and other acts of a trade union which are appropriate and being performed for the attainment of the purposes of the preceding paragraph: Provided, however, that in no event shall acts of violence be construed as appropriate acts of trade unions.

ART. 2. "Trade unions" under this Act shall be those organizations, or federations thereof, formed autonomously and substantially by the workers for the main purpose of maintaining and improving the conditions of work and for raising the economic status of the workers. However, this rule shall not apply to those;

1. Which admit to membership officers, workers at the supervisory post having direct authority to hire, fire, promote or transfer, workers at the supervisory post having access to confidential information relating to the employer's labor relations plans and policies so that their official duties and obligations directly conflict with their loyalties and obligations as members of the trade union concerned, and other persons who represent the interest of the employer;

2. Which receive the employer's financial support in defraying the organizations' operational expenditures: Provided, That this shall not prevent the employer from permitting workers to confer or negotiate with him during working hours without loss of time or pay; making contribution to welfare funds, or benefit and similar funds which are actually used for payments to prevent or relieve economic misfortune or accident; or to the furnishing minimum office space to the workers;

3. Whose objects are confined to mutual aid work or other welfare work; 4. Which principally aim at carrying on political or social movement. ART. 3. "Workers" under this Act shall be those who live by wages, salaries or other remuneration assimilable thereto regardless of the kind of occupation. ART. 4. "Employers" under this Act shall be those, regardless of nationality, who are employing workers as specified in the preceding Article.

CHAPTER II. TRADE UNION

ART. 5. Unless the trade union has submitted evidence to the Labor Relations Commission and proved that it is in compliance with the provisions of Article 2 and Paragraph 2 of this Article, the trade union shall not be eligible to participate in the formal procedures provided for in this Act and the Labor Relations Adjustment Act and to avail itself of the remedies provided therein: Provided, That nothing herein shall be construed so as to deny any individual worker the protection accorded by Article 7, Item (1).

2. The constitution of the trade union shall include provisions provided for in each of the following items:

(1) Name;

(2) Address of the main office;

(3) Members of a trade union besides a federated trade union (hereinafter referred to as "local union") shall have the right to participate in all affairs of the trade union and the right to be rendered equal treatment;

(4) In no event shall any one be disqualified for union membership because of race, creed, sex, social status or family origin;

(5) The official of a local union shall be elected by secret ballot directly by the members, and the officials of a federation of a Ryukyu-wide union shall be elected by secret ballot directly by the members of the local union or by delegates elected directly by secret ballot of the members of the local union;

(6) General meetings shall be held at least once every year;

(7) Financial report showing all sources of revenue and expenses, names of main contributors and present financial status shall, after the auditing by auditor, be made public to the members at least once every year, together with certification of its accuracy by a professionally competent auditor appointed by the members;

(8) No strike action shall be started without a decision made by secret ballot either directly by a majority of members voting or by a majority of delegates voting directly elected by secret ballot by all members;

(9) No constitution of a local union shall be revised except by a majority vote by direct secret ballot of the members. No constitution of a Ryukyu-wide union or a federation shall be revised except by a majority vote by direct secret ballot

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of the members of the local union or of the delegates directly elected by secret ballot by all members.

ART. 6. Representatives of a trade union or those to whom the powers thereto are delegated by the trade union shall have the power to negotiate with the employer or the employers' organization on behalf of the members of the trade -union for conclusion of a trade agreement or on other matters.

ART. 7. The employer shall not be allowed to do the following practices:

1. To discharge or give discriminatory treatment to a worker by reason of his being a member of a trade union, for his having tried to join or organize a trade union or for his having performed proper acts of a trade union; to send any secret communication with the will to impede the employment of the worker; or to make it a condition of employment that the worker must not join or must withdraw from a trade union: Provided, however, That this shall not prevent an employer from concluding a trade agreement with a trade union to require, as a condition of employment, that the workers must be members of the trade union if such trade union represents a majority of the workers in the particular plant or working place in which such workers are employed;

2. To force workers to accept the disadvantageous oath for workers as a condition of employment;

3. To refuse to bargain collectively with the representative of the workers employed by the employer without fair and appropriate reasons;

4. To control or interfere with the formation or management of a trade union by workers or to give financial support to it in defraying the trade union's operational expenditure: Provided, That this shall not prevent the employer from permitting workers to confer or negotiate with him during working hours without loss of time or pay; making contribution to welfare fund, or benefit and similar funds which are actually used for payments to prevent or relieve economic misfortune or accident of the workers; or furnishing minimum office space to the workers;

5. To discharge or give discriminatory treatment to a worker by reason of his having filed a complaint that an employer has violated the provision of this Act with the Labor Relations Commission or filed a complaint for review of the order issued under the provision of Article 27, Paragraph 4, with the Central Labor Relations Commission, or for his having presented evidence or testified in case the Labor Relations Commission conducts investigation or ex ́amination concerning the appeals or adjustment of labor disputes in accordance with the Act Concerning Labor Relation Adjustment.

ART. 8. No employer shall claim indemnity from a trade union or members thereof for damages received through a strike or other acts of dispute which are proper acts.

ART. 9. When a trade union intends to use for other purposes the funds specially set up for mutual aid and other welfare work, it shall obtain the resolution of the general meeting of the union.

ART. 10. The trade union shall be dissolved in the following cases:

1. Occurrence of the circumstances requiring the dissolution as provided for in the constitution of the trade union;

2. Resolution for the dissolution adopted by the general meeting of the trade union with majority of three-fourths or more of the total membership or of the affiliated unions.

ART. 11. A trade union which has received certification of a Labor Relations Commission that it is in compliance with the provisions of this Act shall become a juridical person by registering at the place where its main office is located.

2. The matters necessary for registration other than those provided for in this Act shall be fixed by the Regulations.

3. As regards the matters which require registration for a trade union, they shall have no effect against any third person unless a registration has been effected.

ART. 12. The provisions of Article 43, 44 (except the cases provided for in Article 8 of this Act), 50, 52-55 and 57 of the Civil Code (Law No. 89 of 1896) and of Articles 35, 36 and 37-2 of the Law on Procedures of Non-Contentious Cases (Law No. 14 of 1898) shall be applied mutatis mutandis to a trade union which is a juridical person.

2. The provisions of Articles 72-83 of the Civil Code and of Articles 136, 137 and 138 of the Law on Procedures of Non-Contentious Cases shall be applied mutatis mutandis to a trade union which is a juridical person and which has dissolved according to the provision of Article 10 of this Act.

ART. 13. Trade unions which are juridical persons shall be exempted from income tax and taxes charged on juridical persons.

CHAPTER III. TRADE AGREEMENTS

ART. 14. The trade agreement between a trade union and the employer or the employer's organization concerning conditions of work and other matters shall take effect when the agreement is put in writing and signed by both of the parties concerned.

ART. 15. Trade agreements shall include a provision fixing a definite termination date and shall in no event continue in effect for a period exceeding one year. 2. Upon the expiration of the termination date provided for in it, no trade agreement shall continue in effect against the will expressed by either one of the parties concerned: Provided, however, That this provision shall not be construed to preclude provisions in a trade agreement which provides that the effect of the trade agreement is renewed unless either one of the parties concerned expresses opposition in advance.

ART. 16. Any provision of an individual labor contract contravening the standards concerning conditions of work and other treatment of workers provided in a trade agreement shall be void. In this case the invalidated part of the individual contract shall be replaced by the provisions of the standards. The same rule shall apply to the part which is not laid down in the individual labor contract.

ART. 17. When three-fourths or more of the workers of similar kind normally employed in a factory or other working place come under application of one trade agreement, the remaining workers of similar kind employed in the same factory or other working place shall ipso facto to bound by the same agreements.

ART. 18. When a majority part of the workers of similar kind in a certain locality come under application of one trade agreement, the Chief Executive of the Government may at the request of either one or both of the parties concerned with the said trade agreement and according to the resolution of the Labor Relations Commission, make the decision to extend the compulsory application of the trade agreement (including the part revised under provisions of Paragraph 2) to all the remaining workers of the same kind employed in the same locality and their employers.

2. In case the Labor Relations Commission deems, in making the resolution of the preceding paragraph, that the trade agreement in question contains inappropriate provisions, the Commission may amend those provissions.

3. The resolution under Paragraph 1 shall become effective by public notification.

CHAPTER IV. LABOR RELATIONS COMMISSIONS

ARTICLE 19. Labor Relations Commissions shall be set up consisting of equal number of persons representing workers, employers, and the public interest.

2. Labor Relations Commission shall consist of Central and Local Commissions; the Central Commission shall be established in Okinawa Gunto and the Local Commission may be established in each Okinawa, Amami, Miyako and Yaeyama Gunto.

3. The members and the staff of a Labor Relations Commission as provided in this Act shall be regarded as a staff engaged in official business under laws and ordinances.

4. Labor Relations Commissions shall be under the jurisdiction of the Chief Eecutive of the Government.

5. The Central Labor Relations Commission shall be composed of three members representing worker (hereinafter referred to as "labor members"), three memhers representing employers (hereinafter referred to as "employer members") and three members representing the public interest (hereinafter referred to as "public members"): Provided, That the chairman, one member elected from among labor members by such members and one member elected from among the employer members by such members, shall perform the duties of the Commission on a full-time basis and the remaining six members shall attend when meetings are convened by the chairman.

6. The Local Labor Relations Commission shall be composed of three labor members, three employer members and three public members, Provided, That the chairman shall perform his duties on a full-time basis and the remaining eight members shall be present during the meeting of the Commission.

7. The Chief Executive of the Government shall appoint the labor members in accordance with the recommendations of trade unions, the employer members