AUT: Echlin NAO hearing March 23rd in Washington

[robin alexander <ueintl@xxxxxxxxxxx>]

To:      Friends of the UE-FAT Strategic Organizing Alliance
From:    Robin Alexander
Re:      Echlin NAO complaint
Date:    March 4, 1998

        As you know, last December the Echlin Workers Alliance filed a complaint
with the NAO regarding the egregious violations of Mexican workers rights
which occurred during the election at Echlin's ITAPSA plant which is located
just outside Mexico City.  In February we filed an amended complaint in
order to include the attack on ITAPSA and American Brakeblok workers and FAT
organizers which occurred last December,  to greatly expand the section
regarding health and safety violations, and to add in some additional
petitioners, including  the UAW, IUE, Jobs with Justice, the Maquiladora
Health and Safety Support Network, and several Mexican workers' rights
organizations.=20

        Although international coordination is always difficult, everything is
going well, and the NAO is being extremely cooperative.    They have
accepted our complaint, and have scheduled a hearing for March 23rd at 9:00
a.m. at the Department of Labor, 200 Constitution Ave. NW Room C-5515 1A and
1B.=20

        At the hearing we are planning to present three panels: representatives
of
the Echlin Workers Alliance; a panel regarding the violation of
organizational rights (the intimidation and violence leading up to and
during the election, election by voice vote rather than secret ballot, lack
of impartiality by the Mexican labor authorities, December beatings, lack on
a public registry of contracts, etc.); and a panel on health and safety=20
violations in the plant.=20

        We are encouraging people to attend the hearing and will be holding a
rally
and press conference during the lunch break, so please help us get the word=
 out!

Background information follows:
=09

        Labor & Human Rights Groups Bring Complaint
        Challenging Abuses at Echlin Plant in Mexico

        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 -- 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 Aut=E9ntico 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.=
=20

        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.=20

        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.=20

        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.=20

        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 Mart=EDnez or Bertha Luj=E1n, FAT 011-525-556-93-14 or 93-75=
 (Spanish
only)=20


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).

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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