Support the workers of Flor de Baja, Mexicali , Baja California

Information for this alert comes from the Centro de Información para Trabajadoras y Trabajadores, Tijuana and the Red de San Diego en Solidaridad con los y las Trabajadoras de la Maquila.
Posted August 4, 2004   

Again, a factory runs away without paying workers their severance benefits!

Again, Baja California Labor Board colludes with the company and violate Mexican the Labor Code!

Mexicali , Jun 30, 2004 . Flor de Baja was a factory located in Mexicali , Baja California , that went out of business more than a year ago. As is becoming a company tradition, the factory was closed and the owner ran away to the US abandoning more than 100 workers, without paying salaries and the severance benefits required by Mexican labor law. The factory was a guacamole producer that exported to the USA , Japan , China and other markets. The machines are still there, but before the closing, the manager tricked the workers into signing an "agreement" in which they "voluntarily" gave up their severance. Actually, the manager forced the workers to sign, keeping them inside a refrigerator until they "agreed" to sign the document. Some Flor de Baja workers had spent more than ten years laboring in the plant.

After the workers realized the consequences of the signed "agreement," they started a legal battle asking the Labor authorities to nullify it. In fact, according to the Mexican Federal Labor Law, an agreement that contravenes workers' legal rights is illegal; for example, a contract in which a person accepts to be a slave is not valid even if the potential slave agrees to it. However, in spite of the law, the president of the Baja California Labor Board of Conciliation and Arbitration, attorney Celina Tostado, ruled that the agreement was legally binding. Once again, Ms. Tostado has colluded with company owners against workers' rights, as she did in the labor conflict with Industria Fronteriza's workers a year ago.

Facing an obviously unfair decision, Flor de Baja workers are requesting the intervention of Baja California's governor and have been demonstrating in a permanent picket in front of the governor's office at Mexicali for more than a month. Thus far, they have not received any favorable resolution and are preparing a major demonstration.

Please write a letter, and e-mail it or fax it to the governor of Baja California requesting him to intervene in favor of the workers. Write and fax to:

Lic Eugenio Elorduy Walter
Gobernador del Estado de Baja California
Correo electrónico: gobernador@baja.gob.mx
e.gobernador@baja.gob.mx
Fax: 011-52-(686) 558-11-79

Sample letter:

Mr. Eugenio Elurduy,
Governor
Baja California

Dear Governor Elurduy:

We are writing you requesting your intervention in favor of Flor de Baja workers.

Flor de Baja workers have told us that this company went out of business more than a year ago without paying severance pay. According to the workers, the manager tricked them into signing an "agreement" in which they "voluntarily" gave up their severance pay. In fact, the manager forced the workers by keeping them inside a refrigerator until they "agreed" to sign the document. After the workers realized the significance of the "agreement," they started a legal battle asking the Federal Labor Board of Conciliation and Arbitration at Tijuana to nullify this bizarre agreement. According to Mexican labor law it is illegal to have any agreement that contravenes workers' legal rights, including cases of slavery, child work or, as in this case, severance payment. However, in spite of the law, the president of the Labor Board, attorney Celina Tostado, ruled that the agreement was legally binding! We are concerned about the legality of Ms. Tostado's behavior—we learned about her collusion with the owners of another factory in Tijuana , Industria Fronteriza, one year ago, and the workers are still suffering without any severance payment because of Ms. Tostado's behavior.

Facing an obviously unfair decision, Flor de Baja workers are requesting your intervention and have been demonstrating in front of your office for more than a month. Up to the present moment, as far as we know, they have not received any favorable resolution from you. This is why we urge you to intervene and demand that the laws be respected.

Sincerely,

(Your name and the name of your organization)