On January 17 a Superior Tribunal of the Mexican Labor
Court ordered the Conciliation and Arbitration Board [CAB] of Gomez
Palacio Durango to grant immediate union recognition to the Lajat
Workers Union, setting an historical precedent as the first independent
union to achieve government recognition in the region. In June the
CAB had rejected the workers' petition for this recognition or registro;
the workers appealed and were rejected again. Finally, this latest
appeal to the Superior Tribunal (Tribunal Superior) recognized
that their union was indeed legitimate.
Negotiations – at long last
That same day the Lajat workers, their lawyer Federico O'Reilly
and CJM representatives met with the Oscar Gonzalez, President of
Lajat and Javier Lara, Corporate Director, to inform them of the
union recognition and to demand the workers' reinstatement.
The workers told them that they knew that Levis had recently given
Lajat's Torreon plant five new orders for three styles of women's
jeans and said that the closed Lajat Gomez Palacio plant could do
the laundry parts of production. Lara said that the plant couldn't
be reopened because water there cost 35 pesos a cubic meter whereas
it only cost 2.5 pesos in Torreon. The workers then asked for reinstatement
in the Torreon plant, if that was the case, but both Gonzalez and
Lara said that the law gives them the choice of paying severance
instead of reinstating the workers, and they prefer to pay severance
because there are not enough orders from retailers in the US. Of
course, Lajat would rather pay severance than be forced to recognize
the union.
O'Reilly, the workers' lawyer argued that if that is so, then
Lajat must follow the legal process established in labor law for
layoffs due to lack of work and pay 120 days of severance rather
than 90 days which Lajat was offering.
CJM representatives demanded that Lajat abolish its unconstitutional
black list of the workers and offered Lajat two choices:
1) Reinstate the workers and recognize the independent union.
If they were to do this CJM would help Lajat establish a new image
as a responsible producer which respected human rights rather
than a sweatshop, or
2) Refuse to reinstate the workers and continue to be seen as
a union buster which closes plants to avoid respecting the law
and human rights, and a gross violator of Levi's Code of Conduct.
Lara denied there was a black list and said they'd pay severance.
Lawyer O'Reilly told them that the severance pay owed includes back
pay until January 4th and amounts to 4 million pesos (about US $400,000).
In addition Lajat owes for workers' health coverage and housing
dues. Gonzalez and Lara said they would calculate what's owed themselves
and would bring an offer in "middle terms" in a couple
of days.
When CJM informed Levi's Latin America Director that the workers
had won the registro for the independent union but that Lajat would
not reinstate them and that this violates both Mexican labor law
and Levi's Code, she replied that she was glad that Lajat was talking
to the workers.
Meeting with the Governor's representative
On January 18th the Lajat workers and representatives of CJM,
the UNT (National Workers Union) from Mexico City, members of the
Labor, Farmers, Popular, and Indigenous Social Front of the Laguna
Region met in Gomez Palacio with Felipe del Rivero, a representative
of the state governor demanding the removal of the CAB President.
They argued that the tribunal's decision was proof that previously
the CAB had sided with the company and its CTM union and did not
act in accordance with labor law. In addition, they demanded reinstatement
of the Lajat workers and respect for their union as the only independent
union in la Laguna Region. The Lajat workers also told Del Rivero
that they were black listed even at the state jobs program. Their
proof was that several of them had applied for this program but
were told by the secretary that they were blacklisted because of
the Lajat "problem." Del Rivero said he would investigate
the black lists on the state job program.
Next steps
It is urgent that CJM members keep sending letters to Levi's demanding
the workers' reinstatement and that Lajat recognize the workers'
independent union, eliminate the black list and respect labor law
and Levi's code of conduct. [Sample letter below]
Also, send letters to the Governor of Durango demanding that the
president of the CAB respect the law by forcing Lajat to recognize
the union and freezing Lajat's assets in the Gomez Palacio plant
until the workers receive what is due them. [Sample letter below]
|
