AUT: Support FAT's metal workers union

[robin alexander <ueintl@xxxxxxxxxxx>]

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Thanks for your assistance!

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ACTION ALERT --

Dear Brothers and Sisters:
STIMAHCS, FAT's Metal workers' union recently won the first victory in a union election on the border at the Han Young plant in Tijuana.   The government has responded by refusing to certify the election; the company has responded by firing 12 workers and threatening to shut the plant.  Your help is needed in a variety of ways (See Below).   Please take the time to provide whatever support you can... this struggle is critical!
In Solidarity,
Robin Alexander
UE Director of International Labor Affairs

BACKGROUND:
Workers employed by the Hyundai contractor, Han Young, in Tijuana, Mexico are in the fight of  their lives to defend their vote for an independent union, and to keep their jobs. On November 10, the Tijuana office of the National Conciliation and Arbitration Board (JNCA) refused to certify the workers' October 6 vote in favor of representation by the Authentic Labour Front (FAT).
In its decision, the JNCA declared that the majority vote for an independent union only demonstrates  the sentiment of the workers at the time of the vote and does not necessarily indicate that the majority of workers continue to support the independent union. Ironically, it was the JNCA which  delayed certifying the workers' election victory for more than a month. In the meantime, Han Young has  fired 12 leaders of the independent union and has stated it would dismiss all workers who voted for the FAT. The company is now hiring new workers who are being bused in from Veracruz.
The JNCA also ruled that the FAT's Union of Metal, Steel, Iron and Allied Workers (STIMAHCS) could not legally represent the Han Young workers since those workers, who weld and assemble steel chassis for tractor trailers, are autoparts workers.  In fact, STIMAHCS' registration is based on autoparts workers.  The Board also claimed that STIMAHCS is not registered as a national industrial union, although it has been for many years. The ruling of the Board is now being appealed. The October 6 vote was held in the JNCA's Tijuana office. In the presence of representatives of the company and the government-affiliated Revolutionary Confederation of Workers and Peasants (CROC), Han Young workers were required to publicly declare their support for either the CROC or the FAT. Despite the risk to their employment, 55 workers declared their support for the FAT and only seven for the CROC.
Han Young workers are currently "represented" by the CROC, which they charge is paid directly by the company, has never held a union meeting, and has negotiated a "protection contract" with their employer without consulting the workers.. According to Mexican and US observers, after the voting process was completed, the JNCA officials allowed a new group of Han Young employees to enter the office and vote. The new group was made up of Han Young administrative staff and workers hired after the union drive had begun, both of which are ineligible to vote. Even with the inclusion of these illegal votes, the final tally was 55 to 32 in favour of the independent union.
After the JNCA repeatedly postponed registering the worker's election victory, on October 27, a formal compliant was filed with the US Department of Labor's National Administrative Office (NAO) under the NAFTA labour side agreement, alleging that the Tijuana labor board's handling of the Han Young vote violated Mexican labor law. The battle at Han Young is being watched closely by workers at two other Hyundai contractors in Tijuana, Ley Mex and Dae Won. In 1996, workers at both factories applied for certification for an independent union. As at Han Young, a number of union leaders were fired during the organizing drive. Ley Mex and Dae Won workers are awaiting the chance to vote for a union of their choice.
Although the workers are not technically employed by Hyundai, under Mexican law, Hyundai shares legal responsibility for labor rights violations by Han Young, since Han Young produces truck tractor trailers exclusively for Hyundai. Hyundai directs the operations of its subcontractors in Tijuana; it will ultimately decide whether Han Young accepts an independent union.
SUPPORT THE HUNGER STRIKE!!!
Workers of the Han Young maquiladora are starting a hunger stike Thursday,  November 20. Three workers -- Fernando Flores, Miguel Meza and Miguel  Sanchez -- will initiate the hunger strike on the 20th, to be joined by  additional workers each week at their encampment outside the state  administration offices in Tijuana. They plan to continue their hunger  strike until their demands for recognition of their independent union  are met.
A victory at Han Young would set an important precedent for other Mexican Hyundai workers and for Mexican maquila workers all along the Mexican/US border.   Now is the time for people of conscience north of the border to act in  solidarity with workers south of the border.
REQUESTED ACTIONS:
1) Continue leafleting actions at Hyundai dealerships and at car shows.  To receive a Hyundai action packet, for more information or to receive  email Hyundai labor alerts, contact Campaign for Labor Rights at  CLR@xxxxxxxxxxx or (541) 344-5410.
2) Delegations: Clergy and laity and representatives of human rights organizations are urged to consider participating in small delegations  to visit the hunger strikers and then to bring their message back to  your communities. Please contact Campaign for Labor Rights (541)  344-5410 if you can participate in a delegation. Participants will need  to pay their own transportation to San Diego. There is no delegation fee.
3) Write a letter to Hyundai (UE letter follows):
November 20, 1997
Mong-Gyu Chung, Chairman
Hyundai Motors
140-2, Kye-Dong,
Chonro-Ku, Seoul, Korea
VIA FAX: (North American headquarters): 1-714-965-3149
Dear Mr. Mong-Gyu Chung,
I am writing to express the support of the 35,000 members of the United Electrical, Radio and Machine Workers of America (UE) for the workers at the Tijuana  maquiladora Han Young who voted overwhelmingly to be represented by STIMAHCS, the independent union of their choice. We understand that Han Young has  begun firing union supporters and is threatening to replace all of the  union supporters with workers it will transport from Vera Cruz as a  means to defy the union effort. We also understand that Han Young produces solely for Hyundai Precision  America.
We have been spreading the word about the boycott called by the Support Committee for Maquiladora Workers and have been encouraging the leafleting of Hyundai dealerships to inform the public of this egregious situation.  We will continue to do so until we are informed that STIMAHCS has been recognized and the fired workers reinstated.  U.S. and  Asian-based corporations cannot continue to violate basic worker rights  in Mexico without repercussions.
It is our hope that your company will immediately halt the illegal firings, reinstate the fired union supporters, and recognize STIMAHCS as the union selected by the workers at Han Young.


                         Sincerely,
                         Robert L. Clark
                         General Secretary Treasurer
4)  WRITE: President Ernesto Zedillo, fax: 011-525-515-47-83 (UE letter follows):
November 19, 1996
President Ernesto Zedillo
Palacio Nacional
Mexico City, Mexico
VIA FAX: 011-525-515-47-83
Dear President Zedillo:
     I am writing on behalf of the UE officers and our thirty five thousand members to express our outrage regarding the travesty of justice which occurred on November 10th in Tijuana.  On that date the Tijuana office of the National Conciliation and Arbitration Board (JNCA) refused to certify the workers' October 6 vote in favor of representation by STIMAHCS at the Han Young plant even though the union had clearly won the election.
     The October 6 vote was held in the JNCA's Tijuana office. In the presence of representatives of the company and the government-affiliated Revolutionary Confederation of Workers and Peasants (CROC), Han Young workers were required to publicly declare their support for either the CROC or STIMAHCS. Despite the risk to their employment, 55 workers declared their support for the STIMAHCS and only seven for the CROC.
     Han Young workers are currently "represented" by the CROC, which they charge is paid directly by the company, has never held a union meeting, and has negotiated a "protection contract" with their employer without consulting the workers.  According to Mexican and US observers, after the voting process was completed, the JNCA officials allowed a new group of Han Young employees to enter the office and vote. The new group was made up of Han Young administrative staff and workers hired after the union drive had begun, both of which are ineligible to vote. Even with the inclusion of these illegal votes, the final tally was 55 to 32 in favour of the independent union
     In its decision, the JNCA declared that the majority vote for an independent union only demonstrates  the sentiment of the workers at the time of the vote and does not necessarily indicate that the majority of workers continue to support the independent union. Ironically, it was the JNCA which  delayed certifying the workers' election victory for more than a month. In the meantime, Han Young has  fired 12 leaders of the independent union and has stated it would dismiss all workers who voted for the FAT. The company is now hiring new workers who are being bused in from Veracruz.
     The JNCA also ruled that STIMAHCS could not legally represent the Han Young workers since those workers, who weld and assemble steel chassis for tractor trailers, are auto parts workers.  In fact, STIMAHCS' registration is based on auto parts workers.  The Board also claimed that STIMAHCS is not registered as a national industrial union, although it has been for many years.

     We urge you to take immediate action to ensure that the democratic vote by Han Young workers for representation by STIMAHCS is certified without further delay, and that the National Conciliation and Arbitration Board be instructed to protect the rights of Han Young workers who have been unjustly fired.
                    Sincerely,

                    Robert L. Clark
                    General Secretary Treasurer

CC: Support Committee for Maquiladora Workers 3909 Centre Street, #210 San Diego, CA 92103 fax: 1-619-295-5879
5) Send financial contributions for the Han Young workers to: Support Committee for Maquiladora Workers 3909 Centre Street, #210 San Diego, CA 92103
Under Mexican law if workers accept severance they lose their right to reinstatement.   So far almost all of the Han Young workers who were fired have resisted the company's pressure.  Your financial support is urgently needed both to support the strikers and continue the fight for recognition!
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To: Supporters of the Frente Aut=82ntico del Trabajo
From: Robin Alexander, UE Director of International Affairs
Date: November 19, 1997
     Re: Please circulate petitions and join December 16th and 17th actions=
 by the Echlin Alliance of      unions!  See below!
    =20
BACKGROUND (Thanks to Larry Weiss of the Resource Center of the Americas for=
 this background piece!)           =20
     On September 8, Echlin Inc. brought some 200 thugs armed with pipes,=
 sticks, rocks, and in some cases guns, into one of its Mexican auto parts=
 factories to prevent workers from voting to be represented by an=
 independent union. The thugs were bussed in by the government controlled=
 CTM union, but were apparently hired for the day by Echlin at $50 a head.=
=20
     Echlin is a major transnational manufacturer, producing auto parts=
 mainly for the aftermarket. The company had fiscal 1997 sales of $3.6=
 billion, and employs 32,000 people in 100 operations on six continents. It=
 has some 13,300 workers in the United States, of which about 4,000 are=
 unionized. Echlin has seven plants in Mexico. =20
     The Echlin plant where the incident occurred, known as Itapsa, is just=
 outside of Mexico City. The factory produces disk brakes for export to the=
 United States and Canada. The facility's 300 workers earn about $6 per day.=
 They suffer numerous and severe health and safety problems, including=
 respiratory ailments due to the asbestos and burns and amputations caused=
 by the plant's outdated equipment. They are treated with disrespect by=
 supervisors. Many work on month to month contracts.                        =
              =20
     They are officially represented by the CTM, which provides a=
 "protection contract" for  Echlin. But for some time, many of the workers=
 have been organizing to make STIMACHS, the metalworkers' union affiliated=
 with the independent Authentic Labor Front (FAT) federation, the sole=
 bargaining agent.                 =20
     In response, the company began firing STIMACHS supporters in July.=
 Workers persevered, however, and secured a late August date from the local=
 labor board for an election to determine which union would represent the=
 workers. The CTM intervened at the last minute and got the election=
 postponed until September 9. It was the night before the election that the=
 thugs were brought into the plant. By that point, more than 50 workers had=
 been fired for supporting the independent union.           =20
     The thugs were described by workers and in newspaper stories about the=
 incident as young men between 18 and 25 years of age. They lined up by the=
 plant's exits and did not permit the second shift workers to leave at the=
 end of their shift. When third shift workers arrived, they were also not=
 permitted to leave. Workers reported seeing some of the armed and menacing=
 goons using drugs.                                =20
     When representatives of the FAT, the CTM, and local labor board=
 officials arrived at the plant on the morning of September 9 for the=
 election, the goons were still there. Benedicto Martinez of the FAT asked=
 the labor board officials if they were going to go ahead with the election=
 in such an atmosphere of terrorism. The officials replied that this was=
 something the FAT and the CTM would have to work out.                =20
     Workers were then called upon to vote, one by one, out loud, in front=
 of the FAT, CTM, and labor board officials and the thugs. In this poisoned=
 atmosphere, the intimidated workers voted overwhelmingly to continue to be=
 represented by CTM. Throughout the summer, more than half the workers had=
 been solid STIMACHS supporters. The union is now considering its options=
 for legal remedies.                             =20
     This incident is interesting not only because it shows how NAFTA's=
 labor side deal has utterly failed to alter the climate of=
 government-supported coercion to keep workers under the thumb of corrupt=
 government controlled unions in Mexico. It is also a situation where=
 tri-national union cooperation has been quietly at work for some time.     =
        =20
     FAT is one of the unions participating in the tri-national Echlin=
 Workers' Alliance, a multi-union network established in 1996 to support=
 collective bargaining and organizing within the Echlin chain, and to=
 develop common contract language so that Echlin workers have the same=
 rights. The Steelworkers, Teamsters, UAW, CAW, UE, Paperworkers,=
 Machinists, and UNITE are also members of the Alliance. In addition to=
 supporting each other in Echlin's U.S. and Canadian plants, the Alliance=
 provides support for the FAT organizing efforts at Echlin plants in Mexico.=
=20
    =20
ECHLIN WORKERS' ALLIANCE NEXT STEPS
     Thanks for your interest in supporting workers organizing in the Echlin=
 chain in North
America.  Here is a brief update on the situation in Mexico and our next=
 steps for action.  Please
join us in protesting Echlin's abuses of workers' rights to organize.
Update on Fired Mexican Workers at the Itapsa Plant
     Of the 52 Itapsa workers that Echlin fired during the STIMACHS-FAT=
 organizing
campaign in Mexico, most accepted the company's 'voluntary quit' with=
 severance pay.  The
Labor Board has ordered the company to reinstate the remaining fired=
 workers, but we are
demanding that they be given full back-pay and be returned to their original=
 jobs.
Actions:=20
          Pass out "speak-out" flyers with testimonies from fired workers at=
 the Itapsa plant in      Mexico and ask people to sign the petition=
 demanding full reinstatement of  all the fired      workers.  When the=
 petitions are signed, please send them to Mary McGinn, UE  District     =
 10, 1511 North Broadway, Santa Ana, CA 92706 so that they arrive by=
 December 12th.        Or fax them to 714-836-8046.
          Participate in our Protest at Echlin Headquarters.  On December=
 16th, unions in the Echlin      chain are organizing a protest rally at=
 4:00 p.m. in front of Echlin's corporate headquarters      in Branford, CT.=
 at 100 Double Beech Rd.   The following day we will gather at 9:00 for     =
 the 10:00 stockholders meeting at the same location.  Please join us!
          We will demand that Echlin sign a Code of Conduct requiring that=
 Echlin respect workers'      rights throughout North America.  We will also=
 announce that we are filing a charge under      the labor side bar=
 agreement of NAFTA protesting Echlin's criminal actions in the vote at     =
 the Echlin  plant in Mexico (use of 200 thugs, intimidation, firings,=
 violence, voice-vote      election, no secret ballot, etc.)
         =20
Other ways to support the Itapsa workers:
          Send a fax of support to Itapsa workers c/o FAT (011-525-556-9316)
          Send donations for fired Itapsa workers. Make checks to UE-FAT=
 Solidarity Fund, 100      Gateway Center, Suite 1400, Pittsburgh, PA=
 15222-1416 (designate for Itapsa workers).
For more information:
     Contact: UE Field Organizer Mary McGinn 714-836-4101
                                            =20

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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).

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