Date: Sat, 7 Mar 1998 18:08:39 -0800 (PST) From: Tom Condit <tomcondit-AT-igc.apc.org> Subject: M-NEWS: Echlin update Labor Alerts: a service of Campaign for Labor Rights To receive our email labor alerts, send a message to CLR-AT-igc.apc.org Phone: (541) 344-5410 Web site: http://www.compugraph.com/clr Membership/newsletter. Send $35.00 to Campaign for Labor Rights, 1247 "E" Street SE, Washington, DC 20003. Sample newsletter available on request. Labor & Human Rights Groups Bring Complaint Challenging Abuses at Echlin Plant in Mexico March 7, 1998 [Information provided by United Electrical, Radio & Machine Workers of America (UE) - see contact information, at end of this alert.] ****************** ACTION REQUEST: ****************** The National Administrative Office (NAO) hearing on the Echlin situation is scheduled for March 23rd at 9:00 a.m. at the Department of Labor, 200 Constitution Ave. NW Room C-5515 1A and 1B in Washington, DC. It would be helpful for supporters who are in the DC area to attend the hearing (and the rally and press conference during the lunch break). ****************** BACKGROUND ON THE ECHLIN SITUATION: On December 15th, numerous labor organizations and human rights groups from the U.S., Canada and Mexico filed a submission with the U.S. National Administrative Office (NAO) - an administrative body established under the Labor Side Agreement of NAFTA to hear complaints regarding failures of signatory nations to abide by and enforce their own labor laws - alleging that Echlin, Inc., its Mexican subsidiary, ITAPSA, and the CTM engaged in gross violations of labor and human rights in order to thwart the efforts of workers to organize with the independent metal workers' union affiliated with the Frente Auténtico del Trabajo (FAT). The submission further alleges that the Mexican authorities charged with guaranteeing these workers the right to freely organize either turned a blind eye to, or in some instances participated in, these abuses. Among the petitioners are seven major U.S. and Canadian unions and their locals which represent Echlin workers throughout the U.S. and Canada. They were joined by dozens of other unions and organizations from the three NAFTA countries with extensive expertise in matters of labor and human rights. In pertinent part, the submission alleges that ITAPSA and the CTM (the largest government-sanctioned union in Mexico) engaged in a campaign of intimidation to discourage workers from voting for STIMAHCS (the Union of Workers in the Metal, Steel, Iron, Related and Similar Industries) in a representation election which was held on September 9, 1997. The workers, who regularly work with asbestos on their job, were attempting to have STIMAHCS certified as their labor union representative in order to ameliorate the safety and health problems and other problems at their plant -- conditions which the CTM, the current representative, refuses to address. In particular, the submission alleges that representatives of ITAPSA and the CTM worked closely together to deprive workers of their rights of freedom of association by engaging in surveillance of employees, threatening employees and their families with loss of work and violence if they supported STIMAHCS, discharging approximately 50 employees who were suspected of being union supporters, and retaliating in a variety of ways against workers for initiating the independent union campaign. In addition, the submission alleges that 170 armed thugs were brought to the plant on the eve of the election at the direction of Echlin and the CTM. These thugs manned the plant during the election, threatening voters both inside and outside the plant with physical violence and rape if they voted for STIMAHCS, intimidating workers who were required to vote out loud for the union of their choice, and beating one STIMAHCS representative while the election was taking place. In addition, CTM and company representatives at the election site made it impossible to determine whether individuals who presented themselves to vote were in fact eligible ITAPSA employees. Notwithstanding these abuses and irregularities, the federal labor authorities present at the election site refused to suspend the election upon request of the STIMAHCS representatives. Instead, they certified the election in favor of CTM without mentioning these problems. On December 2nd, when ten of the fired employees presented themselves for reinstatement they were informed by ITAPSA that they were being fired a second time - at the request of the CTM. The petitioners allege that the abuses described above were in violation of Mexico's domestic labor law, as well as international law which Mexico has adopted as its own, and that Mexico failed to enforce this law in violation of its commitments under NAFTA. The petitioners have requested that steps be taken to reinstate all of the fired workers with full compensation and to guarantee that all ITAPSA employees be protected from further deprivation of their associational rights, harassment, intimidation, violence, threats, interrogation and surveillance. Given the exposure to asbestos and other health hazards in the plant, petitioners requested compliance with requirements regarding health and safety including protection from asbestos exposure, provision of adequate protective equipment, proper testing of all workers who may be exposed to toxic chemicals and provision of the results of their exams, and that the appropriate authorities conduct a plant inspection under conditions which ensure the impartiality, thoroughness and competence of the inspectors. Petitioners have also asked that the Mexican government guarantee that employees in Mexico are able to exercise the right to organize into independent trade unions free of intimidation and the threat of loss of work. They ask that the government specifically provide for secret ballot representational elections to be held at neutral locations, and for the suspension of elections and appropriate relief where violations of protected rights have occurred; for the neutrality of the Mexican labor authorities responsible for conducting such elections; for the parties to be provided with accurate lists of eligible voters prior to the election; and for procedures which guarantee that eligible voters shall be entitled to freely exercise their right to vote for the union of their choice and that voters who are ineligible shall not be permitted to vote. Finally, they ask that the Mexican government establish a public registry of unions and contracts, since such information is not available to Mexican workers and unions. In February the Petitioners filed an Amended Submission in order to include additional allegations and documentation regarding an attack on Mexican workers and organizers which occurred subsequent to the filing of the original Petition. ITAPSA workers and STIMACHS organizers were attacked by CTM thugs while peacefully leafletting outside of one of Echlin's other Mexico City plants, American Brakebloc. They smashed the windows of the FAT's van and seriously injured an American Brakebloc worker they believed to be one of the leafletters. When he refused to bow to company pressure to blame the leafletters for the his injuries and filed a criminal complaint naming company management, the company fired him. The Petitioners also greatly expanded the section on health and safety violations, and include three affidavits detailing conditions in the plant. The affidavits describe exceedingly high exposure to asbestos and solvents. No workplace health and safety program was developed by the employer, there was no worker training, chemicals were not adequately labeled, written safety information was not provided to workers, signs were inadequate and, at best, the personal protective equipment which was provided was inadequate and at worst totally inappropriate. The affidavits also contain information about workers who lost fingers in machinery and describe the chronic malfunction of equipment and the lack of guards and lockout/tagout during cleaning and repair. Other serious problems include the absence of a safety commission, excessive noise, lack of ventilation, lack of adequate medical services, defective electrical wiring and inadequate preparation in the event of fire. Asbestos exposure was extended to workers' families due to inadequate change and shower facilities and the fact that asbestos-contaminated overalls were worn home for laundering. Moreover, asbestos waste was mixed to form a cement gravel which was used for landfill for new homes and commercial developments. The amendment also adds new petitioners, including the UAW, IUE, Jobs with Justice, the Maquiladora Health and Safety Support Network, and several Mexican workers' rights organizations. The Echlin Workers Alliance includes the CAW, FAT, Teamsters, UAW, UE, UNITE, UPIU, USWA in both the U.S. and Canada, and many affiliated Echlin locals. The Submission on behalf of the Echlin Workers Alliance and other organizations is being handled by Robin Alexander, Director of International Labor Affairs for the United Electrical, Radio and Machine Workers of America (UE) and Dan Kovalik, Assistant General Counsel for the United Steelworkers of America, AFL-CIO/CLC. =09 FOR MORE INFORMATION, PLEASE CONTACT: Bob Kingsley, UE: 703-339-5241 Jeff Cappella or Steve Trossman, Teamsters: 202-624-6911 Gerry Barr: Steelworkers-Canada: 416-243-8792 Benedicto Martinez or Bertha Lujan, FAT 011-525-556-93-14 or 93-75 (Spanish only) UE web site: http://www.igc.apc.org/unitedelect/ (See alert section every two weeks for labor and related news from Mexico).
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