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Background Information on Nestle Strike

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As a labor rights activist, I condemn the recent murder of prominent labor leader Diosdado "Ka Fort" Fortuna, President of United Filipro Employees Drug, Food and Allied Industries (UFE-DFA-KMU), the Nestle Cabuyao Workers' Union. Fortuna held several other prominent positions, including Chairperson of Pagkakaisa ng mga Manggagawa sa Timog Katagalugan (PAMANTIK; Solidarity of Workers in Southern Tagalog), a regional chapter of Kilusang Mayo Uno (May One Movement) chapter and Chairperson of Anakpawis-Partylist, Southern Tagalog, a progressive political party.

Fortuna was brutally murdered on his way home in front of Sagara Factory in the province of Laguna on September 22, 2005. He was rushed to the hospital and was pronounced dead on arrival. He sustained two gunshot wounds, entering through the back, from unnamed assailants.

Fortuna was a prominent leader in the progressive labor movement for 28 years, during which time his commitment to the workers' struggle never wavered. As President of the Nestle Cubuyao Workers Union, he was a constant presence on the picket line since the strike began in January 2002. The Nestle workers have been waging a three-year struggle for retirement benefits, salary, and rights on the job. During this time, Nestle brutally attempted to break the strike, through illegal and unethical tactics. The Nestle strikers have maintained their picket line, despite harassment, violence, and multiple dispersal attempts.

As chair of the political party Anakpawis-Southern Tagalog, Fortuna was a national leader in the Filipino peoples' struggle for national democracy and national sovereignty. Despite death threats and harassment, Fortuna fearlessly and courageously fought for workers' rights.

It is clear that Fortuna's death is the most recent in a series of politically motivated killings. The country is in a state of undeclared martial law, with members of progressive people's organizations becoming targets of state terrorism. Since January 2005 there have been more than 35 murders of activists, journalists, human rights lawyers and defenders, church people, and members of progressive political parties and organizations.

Since President Gloria Macapagal Arroyo took office in 2001, there were 414 cases of political killings of mass leaders and activists and 4,210 human rights violations, as documented by the 70 international delegates of the International Solidarity Mission 2005. The government's inaction and promotion of human rights abusers, such as General Jovito Palparan, has created a culture of impunity and repression.

I join Kilusang Mayo Uno and other progressive Philippine organizations in demanding a full investigation into Diosdado Fortuna's brutal murder and the full indemnification of his family. Furthermore, we demand that the perpetrators be brought to justice.

We stand in solidarity with the Nestle workers in their just demands. We stand in solidarity with progressive organizations in the Philippines in their call for justice for all the political killings and human rights abuses. We demand that the Armed Forces of the Philippines and President Arroyo be held accountable for the seemingly endless killing of progressive people.

Diosdado Fortuna was a well respected and much loved labor leader; he and all the victims of political killings deserve justice. We will remain vigilant until justice is won.

Sincerely,
[your name]

Background on the Nestle Strike

Facts on the Nestle Union Strike in Cabuyao, Laguna, Philippines:

Nestle, a giant transnational food company has over 500 plants scattered in 70 countries, including the Philippines. The Nestle Cabuyao Plant in the Southern Tagalog region of the Philippines is the oldest Nestle plant in the country. For the past 3 years, Nestle Philippines has made a profit of P8.76 billion (Philippine Peso).

In 1987, the Nestle workers in Cabuyao launched a strike with retirement benefits as the main subject of the Collective Bargaining Agreement (CBA). The workers won after a two year strike and the National Labor Relations Commission (NLRC) ruled in 1989 that a worker retirement plan was indeed a collective bargaining issue. The decision was later upheld by the Supreme Court in 1991.

In 2001, when the existing CBA between the Union of Filipino Employees Drug, Food & Allied Industries-Kilusang Mayo Uno (UFE-DFA-KMU) expired, Nestle Philippines refused the workers' demand for negotiations of the CBA unless the Retirement Plan was excluded in the agreement.

Late 2001, the Union filed a Notice of Strike on CBA deadlock and an Amended Notice of Strike on the grounds of Unfair Labor Practice for violation of Article 284 of the Labor Code, particularly Nestle's refusal to bargain, or bargaining in bad faith.

The Dept. of Labor and Employment (DOLE) imposed an Assumption of Jurisdiction order on the labor dispute, claiming the Nestle strike would be inimical to "national interest". When the Union filed a Motion for Reconsideration, it was thrashed by DOLE.

Pushed against a wall, the Union launched an arduous strike in January 2002 at the Nestle Cayubao plant that has lasted to the present time. While DOLE and Nestle have pushed forward with numerous tactics to subdue the striking workers, ranging from the issue of "return to work" orders to forceful confrontation with hired Nestle goons, the Philippine National Police (PNP) and the Armed Forces of the Philippines (AFP), the workers have stood firm on the justness of their demands and the Supreme Court's ruling that the retirement benefit is a legitimate CBA matter.

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