Subject: [cwj 148] Appeal from Toyota Motor Philippines Workers Association
From: Corporate Watch in Japanese <cwj@corpwatch.org>
Date: Wed, 04 Apr 2001 14:27:00 -0700
Seq: 148
APPEAL FOR SOLIDARITY INTRODUCTION Toyota Motor Philippines has been the number one and top selling car manufacturer for nine consecutive years since they started operation inthe country. And for more than ten years, Toyota managed to monopolized the biggest and largest sales. But not only the market, the Toyota management has been consistent and effective in their anti-workers and anti-union policies thatcontinuously stops and removed the workers right. They would rather spend millions to prevent any attempt or to allow workers establish union in the company. From these realities that they are facing, many workers and groups attempted to form union in order for them to create change and fight fortheir rights, but all of them failed. But these failures and unsuccessful atempts did not in any rate stops them to continue but served as a great challenge for a more strong unityamong themselves. BRIEF HISTORY OF THE UNIONS STRUGGLE: It was year 1997, when the present unions - our union, TMPCWA or Toyota motor Philippines Workers Association started to organize again theworkers with the initiative of the present union president. After the lengthy and tiring years of endless organizing, thousand pages of documents submitted to the Labor Department, almost everyday=earings, harassment from the company, financial difficulty and psychological torture, the union was able to harvest the first good fruit of theirlabor and struggle. They had the certification election for the union last March 8, 2000 with majority of the workers voted yes for the union. In inspite of the fact that the union was certified as the sole and exclusive bargaining representative by the Labor Department, the Toyotamanagement still refuses to recognize the union and even strengthen their harassment to destroy the union up to the present time. After the union won the certification election last March 8, 2000, the company never stopped their effort to stop the union from developing andto make sure that the union will not have another round of victory. They filed several labor cases against the union and even used other workers to file charges against the union. The union did file counter chargesagainst the management in which in many cases, the union won. When the Labor Department issued its decision declaring the union - TMPCWA as the sole and exclusive bargaining representative and at thesame time ordering to start the process and negotiation for the collective Bargaining Agreement (CBA). The union, immediately prepared and drafted the first CBA proposal and submitted to the management together with the request of first CBAnegotiation. But instead of giving in to the request, they filed again another labor case (Motion for Reconsideration) just to delay the negotiation and to=emoralize the union members. For the second time, the union requested again the management to start the negotiation process but still refuses saying that there is stillpending case on the legality of the union. Maybe, the management are successful in delaying the CBA but their continuous effort to delay it only proved that they are really anti-workers. The union did not consider the delay as failure but a great challenge and an opportunity to organize more for a more united and stronger unionand workers and in many ways heighten the morale of its members to be more committed and continue the struggle. PRESENT SITUATION AND STRUGGLES The union has been very cooperative and open for negotiations but the company did not heed the workers demand to recognize the union and tostart the CBA negotiations. Due to company's continuous anti-workers practices and activities and refusal to bargain and after exhausting all the possible means to settlethe issues (preventive mediation, dialogues, collective actions in the factory, all the possible labor cases) the company's stand remains and leavesthe union no choice but to start the call for a strike. The union filed its Notice of Strike (NOS) last month. During the course of the hearing for the NOS, something fishy and unusual happened. One of the labor arbiter from the Bureau of Labor Relations (BLR) informed the union that they will call for a special clarificatory =earing on thelegality of the union. Even the undersecretary of the Labor Department who decided on the legality of the union are saying that there are some points and issues tobe clarified and reviewed in her previous decision. But the union believed that for sure, the management has something to do with the special hearing and did "under the table" agreement with theLabor Department. We also see that there is a possibility that the Labor Department will reverse its decision and will favor the management and the hearing is =usta formality. In preparation for the strike, probably before the month ends or until the early period of March, the union conducted "strike vote" last February15, 2001 with more than majority of the members agreed and voted yes and showed readiness to go on strike. But last February 22-23 during the special hearing, the union had another round of victory. Some of the "challenged voters" that the company are using against the union, admitted during the cross examination that they are reallysupervisory employees and could not be part of the union which represent only the rank and file workers. They also admitted that the affidavits they submitted were all ready made by the company's law firm and not their own sworn statements. They also admitted that they were required by the management to attend the hearing and not with their own decision. Also during the two days hearing, the union walked-out from their work with some 400 members participated and attended the mass delegation insupport to the on-going hearing at the Labor Department. The union together with the YCW are now intensively preparing for this action organizationally, politically, financially and at the stage of =inalizingall the details including the security of the workers. OUR APPEAL In light of the above, we are therefore, appealing for your generous support and assistance, financial, material, and moral to sustain this struggle. This is going to be long and dangerous for the workers. Definitely, your assistance and support would help a lot to ease the workers burden and heighten their morale. Please send your solidarity messages to TMPCWA, c/o YCW. Please send financial support to: Young Christian Workers of the Philippines Acct. 1.3064-0099-81 Bank of the Philippine Island Taft Avenue Branch, Manila Please circulate this letter to your network, friends and allies. We will appreciate and feel grateful for your prompt and positive response. Thank you very much and we look forward to your positive response. Yours in Solidarity, SGD. ED CUBELO Union President TMPCWA SGD. ARNOLD ABILA National President Phil.YCW ------------------------------------- Corporate Watch in Japanese Transnational Resource and Action Center (TRAC) P.O. 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