Date: Fri, 15 Aug 1997 12:32:40 -0700 (PDT) From: robin alexander <ueintl-AT-igc.apc.org> Subject: AUT: Discharges at Han Young; protest letters requested This alert was received from Labor Alerts/Labor News a service of Campaign for Labor Rights 1247 "E" Street SE, Washington, DC 20003 clr-AT-igc.apc.org (541) 344-5410 http://www.compugraph.com/clr A letter sent today by Robert B. Kingsley, UE Director of Organization has been added at the end of this alert. ************************************ See ACTION COMPONENT at end of alert. ************************************ [This alert is based on information provided by the Support Committee for Maquiladora Workers, based in San Diego. For more information, contact SCMW at (619) 542-0826. This alert drew heavily from an article written by Mary Tong of SCMW and appearing in the July/August 1997 issue of Working Together newsletter. For information on subscribing to Working Together, call the Resource Center of the Americas at (612) 627-9445.] UNION LEADERS FIRED IN DECISIVE STRUGGLE faxes urgently needed!!! Thursday, August 14. Tijuana, Mexico -- Management of the Han Young factory (which produces chassis and platforms for Hyundai tractor trailers) have fired 3 leaders of a union seeking official recognition. Workers continue their organizing activities and protests. They call for international solidarity. This struggle is being watched by both labor and management throughout the Mexican maquiladora [export factory] sector. A victory for workers would set an important precedent. BACKGROUND: Some 120 workers at the Han Young factory began a work stoppage on June 2. The immediate issue was Han Young's failure to pay profit-sharing, as required by the Mexican constitution. Companies are supposed to distribute 10 percent of annual profits to workers each May. In the maquila industry, however, profit-sharing is not paid because companies report their maquiladora operations to the Mexican government as cost centers without profits. Instead, companies generally pay a bonus in May that they call "profit-sharing." Each day, Han Young workers produce 26 chassis selling for $1800 each. This year's bonus ranged from $6.87 to $31.85 er worker, depending on seniority. Workers consider this pittance a slap in the face. Also, workers have health and saafety concerns: no protective equipment for welders, no functioning ventilation system and no worker-management health and safety commission as required under Mexican labor law. Workers want a 30 percent wage increase, (currently, they receive $33 to $46 for a 48-hour week.), a wage schedule based on seniority, food service in the plant and the hiring of a plant doctor. Perhaps more important of all: The workers want a union of their own choosing. This last point is a direct challenge to the "protection contract" system prevalent in Tijuana's 1,000 maquilas. Han Young, like 80 percent of the maquilas in the Tijuana area, pays a government-connected "union" known as CROM. Workers have no say in any of the policies of this phony union and cannot elect its leadership. Workers know of the union's existence only because the "union representative" comes to the factory every two weeks to pick up his check from the manager. The Han Young factory produces exclusively for Hyundai. Under Mexican law, in such a situation, Hyundai is responsible for the labor practices of its contractor (if indeed Han Young truly is a contractor and not a complete subsidiary of Hyundai). When concerns about labor practices at Han Young have surfaced, Hyundai has sought to distance itself from its contractor. The Tijuana operations of Hyundai are an offshoot of Hyundai Precision America, headquartered in San Diego, just over the border. The Han Young workers have not been without support. Locally, the politically savvy and well-organized community of Maclovio Rojas has stood with the workers, many of whom come from the community, when there have been disputes at the factory. Solidarity for the workers has not been without a price. Last year, immediately following a show of community support for workers involved in a dispute with management, the leaders of the settlement were thrown in jail on bogus charges. It took a march across the desert in deadly heat (one participant died during the protest) to convince the government to release the leaders. International solidarity also has been crucial, both for the workers and the community. The San Diego-based Support Committee for Maquiladora workers has helped to prevent the crushing of these labor and community struggles by exploitative Hyundai management and corrupt Mexican government officials. At crucial points, the SCMW has organized delegations with U.S. labor leaders and with members of the U.S. Congress. Another player is a loose coalition of community and labor groups in Eugene, Oregon -- where citizens have been struggling against environmental destruction and tax giveaways in excess of $100 million in a deal struck (without public input) between city power brokers and the Hyundai electronics division, which is building a computer chip factory at an eventual cost of more than $1 billion. Hyundai in Eugene has big money at stake in trying to polish its image. Toward that end, the Eugene branch has hired a high-powered PR firm. Eugene activists hope to pursuade local Hyundai officials that they might gain some points by pressuring the parent company to do right by its Tijuana workers. So far, Hyundai officials in Eugene decline to acknowledge that they might play a useful role in the Tijuana situation. THE JUNE 2 WORK STOPPAGE: The June 2 work stoppage caught both management and CROM unprepared. The company immediately called in the police. When police officials arrived, they found 9 international observers ready with to record any management/police misconduct on video camera. The Han Young workers had taken the precaution of coordinating their work stoppage with the SCMW, which arranged for the international presence. The observers asked police for their badge numbers. Police decided to leave. Han Young management then called the CROM representative, who tried to co-opt the situation by telling workers that he was taking charge of negotiations with management. The strikers replied that he did not represent them and should leave. Meanwhile, letters and faxes in support of the workers poured into Han Young and Hyundai offices. This effort, too, was arranged ahead of time by the SCMW in coordination with the workers. The next day, Han Young's general manager and lawyer sat down with nine representatives of the workers, their attorney and representatives of the SCMW. The company agreed to recognize the elected representatives and not to interfere with the formation of their own union. they also agreed not to retaliate in any way against workers for the stoppage and made agreements regarding each of the other demands. The company's attorney even stated that the strike was the company's fault, for refusing to communicate with workers and stated that the general manager did not keep promises. The company attorney advocated that workers be paid for the strike days and not lose their attendance bonus for the week! The strikers returned to work the following day. BETRAYAL: Although the company initially made motions of complying with some of the agreements on safety and the bonus, this apparently was to provide cover while management prepared a counterattack. The company hired a full-time "psychological warfare" expert -- a term used by Mexican labor activists and translating as "a union-busting consultant." Retaliation followed in quick order. On August 6, Emetario Armenta, one of the leading organizers, was fired by the company as a "trouble maker." Armenta was offered a substantial bribe to discontinue his union activities and not to file charges against the company. Armenta refused the offer. Two other members of the elected executive committee of the union (for a total of 3 out of 13) also were fired. They, too, were offered "severance packages" similar to Armenta's. Should they not accept the offer, they will be fired without compensation. The workers were told that the reason for their termination was their involvement in union organizing activities. A company representative also offered $15,000 to a paralegal in the lawfirm working to gain official recognition for the union -- on condition that the firm stop the proceedings. THE STRUGGLE CONTINUES: The two union leaders fired on the 13th were scheduled to file charges today with Conciliation and Arbitration because it is illegal to fire a worker for union organizing activity. Armenta already filed with Conciliation and Arbitration last week. The additional two firings occurred late on August 13. Many workers on that shift were unaware of the action. Union leaders organized a one-day work stoppage in protest, scheduled for the 14th. (Technically, workers in Mexico can't strike without government permission. However, workers are allowed 3 absences per month. Workers can organize a stoppage under the framework of the allowed absences.) This morning (August 14), a union representative stood on the public sidewalk in front of the factory informing fellow workers of the stoppage as they showed up at Han Young. A Han Young management person, Young Lee, attacked the worker, grabbing him by the shirt and pushing him around. Mexican law forbids management from touching or otherwise attacking a worker. Criminal charges were fired later today. Lawyers for the union also will ask, on the basis that this is a criminal action, that the manager not be allowed to leave the country for Korea in order to avoid prosecution. The Support Committee for Maquiladora workers, which demonstrated in support of the Han Young workers last week, organized another demonstration today outside the San Diego headquarters of Hyundai Precision America. The SCMW is calling for an international show of support for the rights of the workers. THE STAKES: This is viewed as a key struggle in Mexico. If the union succeeds, it will be the very first independent true union in the entire Mexican maquiladora sector. Such a precedent could have enormous implications throughout the border region, where workers receive meager wages producing goods strictly for export, mostly to the United States. ["Unions" set up by companies technically are classified as "independent" by Mexico. Workers do not consider these to be true unions.] A victory at Han Young could inspire organizing and resistance throughout much of the Mexican maquiladora sector. Workers understand this. So does the Mexican power structure. In fact, it was the Reconciliation and Arbitration bureau which referred the "psychological warfare" expert to Han Young. Assisting the Han Young union in its bid for official recongition is the Authentic Workers Front (FAT), the primary challenger to Mexico's ruling party-controlled union, the CROM. Specifically, the STIMAHCS section of the FAT is working with the Han Young union. A FAT/STIMAHCS victory at Han Young would be a major blow to the authority of the CROM. ************************************** REQUESTED ACTIONS: Please fax letters to: Ted Chung, President, Hyundai Precision America, 1-619-293-7264. Won Young Kang, General Manager, Han Young de Mexico, 011-526-680-4481. Antonio Ortiz, Presidente, Junta de Conciliation y Arbitraje [Labor Board], 011-526-686-3300. If no answer, call 011-526-686-3214 and say that you want to send a fax. Letters may be in English. Talking points: * Respect the Han Young workers' right to engage in lawful union organizing activities. * Respect the workers' right to have the union of their choosing officially recognized. * Hyundai is accountable for the actions of its contractor, Han Young. * Injustice against the Han Young workers damages the reputation of all Hyundai operations. * Failure to respect the rights of Han Young workers will bring discredit to NAFTA when future trade agreements come up for negotiation. Contact the Support Committee for Maquiladora Workers for more information: (619) 542-0826. ************************************** CAMPAIGN FOR LABOR RIGHTS newsletter subscriptions: Send $35.00 to 1247 "E" Street SE, Washington, DC 20003. For a sample copy, send your postal address to clr-AT-igc.apc.org. -------------------------------------------------------------------------------- To receive our email Labor Alerts, send a message to clr-AT-igc.apc.org with "labor alerts -- all campaigns" in the subject line or specify which labor issues interest you: Nike, Disney, Guess, child labor, Guatemala, Mexico, Nicaragua, El Salvador, US farm workers, US poultry processing workers. If you would like to receive information which falls outside those categories (prison labor, workfare, other policy issues, additional briefing material on some campaigns), indicate that you want to be on our Additional Labor Information list AS WELL AS our All Campaigns list. To stop receiving this service, check to see whether you have received our alerts directly from us or as a reposting via some other list. Send an email message to the address listed in the "return path" saying that you want to unsubscribe. August 15, 1997 Ted Chung, President Hyundai Precision America VIA FAX: 619-293-7264 I am writing to you on behalf of the officers and 35,000 members of the United Electrical, Radio and Machine Workers of America (UE), to express our outrage at the recent discharges of union leaders at your Han Young plant in Tijuana, Mexico. We have been informed that the company has hired a union-busting consultant and that on August 6, Emetario Armenta, one of the leading organizers, was fired by the company as a "trouble maker." Armenta was offered a substantial bribe to discontinue his union activities and not to file charges against the company. Armenta refused the offer. Two other members of the elected executive committee of the union were offered "severance packages" similar to Armenta's. Should they not accept the offer, they will be fired without compensation. The workers were told that the reason for their termination was their involvement in union organizing activities. We have also been informed that a company representative offered $15,000 to a paralegal in the law firm working to gain official recognition for the union -- on condition that the firm stop the proceedings. These actions violate both Mexican and international law and damage the reputation of all Hyundai operations. Hyundai is accountable for the actions of its contractor, Han Young. We ask that you investigate this situation and take immediate steps to ensure that the workers are reinstated, and that the rights of Han Young workers' to engage in lawful union organizing activities and to select the union of their choice are respected. Sincerely, Robert B. Kingsley Director of Organization cc: Won Young Kang, General Manager, Han Young de Mexico 011-526-680-4481. Antonio Ortiz, Presidente, Junta de Conciliation y Arbitraje 011-526-686-3300 011-526-686-3214. Robin Alexander UE Director of International Labor Affairs One Gateway Center, Suite 1400 420 Fort Duquesne Blvd. PGH., PA. 15222-1416 412-471-8919 412-471-8999 FAX HTTP://www.igc.apc.org/unitedelect/ (See alert section every two weeks for labor and related news from Mexico). --- from list aut-op-sy-AT-lists.village.virginia.edu ---
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