A-Infos (en) Strike at Han Young!

[Western Hemisphere Conference <theorganizer@labornet.org>]

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URGENT SOLIDARITY APPEAL!

[please excuse duplicate posting]


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HAN YOUNG STRIKE DATE SET
Workers at Tijuana factory to begin strike on Friday, May 22

[Posted May 21, 1998. Information provided by staff of the Support 
Committee
for Maquiladora Workers, who ask that activists seeking updates contact
Campaign for Labor Rights: (541) 344-5410, <CLR@igc.apc.org>]

SUMMARY OF THIS ALERT:
BACKGROUND
STRIKE DATE SET: Han Young management have refused to bargain changes in 
the
existing contract. Workers are set to strike on Friday, May 22.
LABOR SECRETARY OUT: Due apparently to pressure from the business owners
association, Mexican Secretary of Labor Bonilla has been forced to resign.
His replacement is said to be more of a diplomat in public utterances but
more susceptible to industry pressure.
HAN YOUNG APPARENTLY GETS ULTIMATUM: A delegation of Mexican business and
governmental heavyweights apparently has told Han Young management not to
negotiate with the independent union if it wants to remain in operation.
CONGRESSIONAL REACTION: Rep. David Bonior and 6 other members of Congress
recently called Han Young a "test case" for NAFTA and the new 
administration
of Mexico's Labor Ministry.
ANALYSIS: The local and national industry associations and various figures
in the local government appear to be behind the pressure on Han Young to
refuse to negotiate, but the Mexican federal government has the ultimate 
say. 
REQUESTED ACTIONS: Demonstrations and letters to Mexican President 
Zedillo.

BACKGROUND

Han Young has been the site of labor strife since early June of 1997.
Located near Tijuana, the Han Young factory welds chassis for a nearby
tractor trailer assembly plant owned by the Korean-based Hyundai company.
Workers at Han Young have twice voted to be represented by an independent
union. When the local officials failed to recognize the union, the Mexican
federal government intervened on January 14 and facilitated the local 
labor
board's granting union certification (a requirement under Mexican labor 
law
to have rights to contract negotiations). Management, local government
officials and representatives of government-controlled unions have 
persisted
in violating the terms of the January agreement and in committing 
violations
of Mexican labor law. A complaint was filed with the National 
Administrative
Office (NAO) by the Support Committee for Maquiladora Workers and other
labor advocate organizations charging violation of the NAFTA labor side
accords on freedom to organize and the need for impartial labor tribunals.
An NAO report issued April 28 called for Ministerial Consultations between
the U.S. Secretary of Labor and the Mexican Minister of Labor. In a press
release issued April 29 by the Mexican Embassy, a statement said to be
issued by Minister of Labor Javier Bonilla rebuffed Labor Secretary Alexis
Herman's request. However, when Herman called Bonilla to inquire about the
statement, he denied knowledge of it and said he had no idea how it was 
sent
out to the media.

STRIKE DATE SET

At a hearing before the Tijuana labor board on Tuesday, May 12 Han Young
management said that we were not yet ready to begin negotiations over
changes in the existing contract, which is valid through May 21. A new
hearing was set for Tuesday, May 19. Negotiations between Han Young
management and the independent union over changes in the contract were to
begin on the 19th. However, management went to the labor board on the 19th
and announced its refusal to negotiate. The labor board authorized a 
strike
by the workers, to begin on Friday, May 22. Meanwhile, starting on May 12,
the company began hiring 5 new workers per day. (The regular workforce at
Han Young is now 96.)

LABOR SECRETARY OUT

Mexican Minister of Labor Bonilla resigned last week. According to 
informed
sources, this was due to pressure from the national business owners'
association, which felt that Bonilla was not stringent enough with the
independent union at Han Young. Bonilla's replacement, who has no labor
experience, has a reputation for being a smooth diplomat in public.

HAN YOUNG APPARENTLY GETS ULTIMATUM

On Friday, May 15 the first results of the change of labor ministers began
to show up. A delegation of government and industry heavies paid a visit 
to
Han Young management. The group included the head of COPAMEX (the national
association of industry owners), representatives of Gobernacion (generally
translated as Interior Department but with no exact equivalent in the U.S.
government), SECOFI (the Commerce Department) and others. The delegation
also met with the workers. From the delegation's threatening tone, the
workers assume that the group's message to management was that Han Young
would be forced to shut down if management negotiated with the union.

CONGRESSIONAL REACTION

Representative David Bonior and 6 other members of Congress recently met
with the NAO and stated that they consider what happens in the coming 
weeks
in the Han Young situation a test case for how Mexico, with the new Labor
Ministry administration, is going to fulfill its commitment to protect 
labor
rights under the framework of the NAFTA agreement.

ANALYSIS

The local and national industry associations and various figures in the
government appear to be behind the pressure on Han Young to refuse to
negotiate. Since the first part of the NAO's report on labor law 
violations
at Han Young was published April 28, the Baja government has become openly
defiant in refusing to uphold the Han Young workers' rights. Two weeks 
ago,
the Tijuana Governor's office of the Bureau of Labor and Social Welfare
refused to deal with complaints filed locally on the company's unlawful
union-busting activities. The local criminal courts have also refused to
proceed on two criminal actions (one involving a physical attack by the 
Yan
Young president on a worker and the other involving management-ordered
perjury by new replacement workers at Han Young in the October 6 union
election). The power to resolve this situation now rests with the
administration of Mexican President Zedillo. President Clinton could 
exert a
positive influence.

**********************
REQUESTED ACTIONS
**********************

1) For those local committees which have to capacity to do so in the next
few days or the next few weeks, it would be helpful if you could organize
demonstrations in support of the Han Young workers and urging Mexican
President Zedillo to intervene on behalf of the rights of the Han Young
workers and the rule of law and indicating that this struggle involving an
important trading partner should be of concern to President Clinton. The
first choice for demonstrations is Mexican consulates; where that is not
possible or practical, a U.S. federal building also would be appropriate. 
Be
sure to let us know ahead of time of your demonstration plans and to send 
a
brief report afterward: (541) 344-5410, <CLR@igc.apc.org>. We will post 
all
reports.

2) Please send faxes to President Zedillo (with cc's to President 
Clinton).
Sample:

Ernesto Zedillo
President of Mexico
Fax: 011-525-271-1764

Dear President Zedillo:

I am writing to ask you to intervene in the long-standing struggle at Han
Young in Tijuana, Baja California.

On May 15, a delegation which included the head of COPAMEX, the head of
SECOFI, representatives of Gobernacion and others visited Han Young
management. They also spoke with the workers. According to the workers, 
the
group's threatening tone suggested strongly that they gave management an
ultimatum not to negotiate with the independent union - or face closure.

On December 16, the federal government facilitated the certification of 
the
independent union. Although the agreements reached at that time appeared 
to
provide a just resolution to the conflict, management and local 
authorities
soon began to undermine the agreement, often in collusion with
representatives of the CTM and the CROC.

The behavior of the May 15 delegation to Han Young, which included federal
representatives, suggests that the Mexican government may be backtracking 
on
its commitment to uphold Mexican federal labor law. At a time when Mexico 
is
seeking to expand its trade with other countries of the Americas, I would
hope that the federal government will not behave in such a way that it
becomes known as a violator of agreements (such as the labor side accord 
of
NAFTA) to which it has put its name.

I ask the Mexican federal government to take a stand in favor of its own
federal labor law and to ensure that these workers' right to an 
independent
union is upheld. After such a lengthy struggle, for the plant to be forced
to shut down or sold - as a pretext to force out the independent union -
would be a travesty against labor rights and clearly a direct violation of
the NAFTA accords.

I am asking you to investigate what is going on at Han Young and to take
whatever steps are necessary to ensure that federal labor law is upheld.

Sincerely,


cc: President Bill Clinton, the White House, Washington, DC, fax: (202) 
456-2461


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