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Update North Sails - More pressure needed
December 24, 2004,
Dear friends, your support is once more urgently needed for
our campaign on behalf of the workers of Global Sports Lanka (formerly:
North Sails Lanka.) On october 19th of this year we informed you
we were re-opening the campaign. Please find below an update on
the developments since then, as well as an action request, sample
letters and contact details.
Take
action now! >>
A short summary
Of the 207 North Sails Lanka workers who were suspended and dismissed
in 2002 for going on strike, 38 are presently still fighting their
dismissals in court. In September 2002, the CCC started a campaign
supporting workers at the North Sails Lanka factory, calling upon
the management to reinstate the dismissed workers and to respect
their right to freedom of association. International campaigning
led to the signing of the Memorandum of Understanding (MoU) in
December 2003, between the Austrian company Boards and More (at
the time owner of North Sails Lanka), the FTZ & GSEU union
and the CCC . The MoU stated that all parties involved would accept
the court's decision AND that the company would negotiate directly
and substantially with the union FTZ&GSEU as well as permit
the establishment of unions
(see http://www.cleanclothes.org/companies/northsails-03-12.htm).
North Sails Lanka, now known as Global Sports Lanka, was sold
by Boards & More Austria to the Swiss company Global Sports
Technologies. Boards & More (itself also by now in Swiss hands)
is still the license holder of the North Sails brand. Global Sports
Lanka, in a subsequent meeting with the union on April 26, 2004,
confirmed what was also said in the December 2003 meeting: that
direct negotiations with the FTZ&GSEU should cover the fate
of the dismissed workers by reaching a settlement for them. During
the April 2004 meeting, Mr. Schwendtke of Global Sports Lanka
noted in the minutes of that meeting that the dismissed workers
should be given priority for any new positions at the company,
based on their suitability for the positions in question. Since
the MoU, Global Sports Lanka has hired 90 new workers without
even calling for interviews the 38 fired workers who had filed
cases against their dismissal.
The CCC re-opened campaign because no progress was made in
negotiations between Global Sports Lanka and the union.
Since then, there has been frequent contact with the owner of
Global Sails Lanka, GST Holding in Switzerland.
The FTZ&GSEU, supported by the CCC, proposed competent mediation
between factory management and the union in order to break the
deadlock between them. Global Sports Lanka has chosen to wait
for the cases of the dismissed workers to be heard in court -
a process that has been dragging on for several years, worsening
the already difficult situation of the workers who are still unemployed.
The CCC believes that mediation is the most effective way to get
out of this deadlocked situation. It offers a viable alternative
to the fruitless negotiations between both parties so that they
can come to a mutually satisfactory and acceptable resolution.
The union proposed an organization that
is widely respected as an impartial human
rights mediator be brought in as the mediating
party. The owner of Global Sports Technologies,
recently visited the factory in Sri Lanka
on a 'fact-finding' mission. He did not
use this opportunity to lay the groundwork
for dispute resolution, even though he agreed
with the assessment that the core problem
consisted of a deadlock between local management
and the union.
During his visit, he did not contact either the union or the mediator
they had proposed, nor did he come forward with a counterproposal.
Instead, GST stated that it was in favor of carrying out an inspection
audit of the factory. The CCC views this as yet another delaying
tactic because the dispute is about whether there were substantial
and constructive negotiations as defined in the MoU.
More pressure needed
GST and local management have repeatedly demonstrated that they
are unwilling to respect workers' rights with regard to freedom
of association and collective bargaining. They have engaged in
delay tactics by not negotiating directly and by not accepting
the union's offer for mediation by an independent third party.
These acts are in violation of the MoU. In the meantime, the dismissed
workers have been forced into the difficult situation of having
to look for work elsewhere while waiting for their cases to be
heard in court - an extremely time consuming process.
In December 2004, workers in Sri Lanka distributed posters and pamphlets
calling for international solidarity for the dismissed workers.
That same day in the Netherlands, CCC activists held a demonstration
in front of a North Sails importer while in Switzerland, CCC activists
tried to track down the owner of GST Holding.
Read more: International demonstration
of solidarity in support of the North Sails workers in Sri Lanka
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What can you do:
Check the updates on this case and find an action request,
sample letter.
Read more >>
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Action request
It is essential that all parties recognize
that the issue at hand is that mediation is necessary to break
this deadlock and come to a swift and acceptable resolution regarding
the dismissed workers.
These obligations to the workers are clearly
outlined in the MoU, calling upon Global Sports Lanka and GST
Holding to act in good faith by implementing the Memorandum of
Understanding without any further delay, and to immediately:
- reinstate the illegally dismissed
workers;
- agree to mediation as proposed by
the union or forward a suitable alternative;
- recognize workers' rights to organize
and to collective bargaining.
The CCC will continue its campaign supporting
the workers of the Global Sports Lanka factory until North Sails
(Mr. Schwendtke) and all of its business partners take concrete
steps to resolve this dispute. These business partners include
Boards & More, North Sails, GST and local management at the
Global Sports Lanka factory to engage in competent mediation with
the union. Please help us in supporting the North Sails Lanka
workers and
1. Please
send a letter of protest to the management of Global Sports Lanka,
the factory owner GST Holding in Switzerland, Boards & More
Austria, Boards & More Switzerland (license holder of the
North Sails brand) and North Sails USA, urging them to enter into
mediation with the union to quickly resolve this dispute (see
sample letter # 1).
2. Please
contact dealers and retailers selling North Sails products asking
them to urge GST Holding, Boards & More and Global Sports Lanka
local factory management to abide by the Memorandum of Understanding
or to enter into mediation with the FTZ&GSEU (see sample letter
# 2).
Sample letter # 1
Dear Mr. Schwendtke,
I have been informed by the Clean Clothes
Campaign about the ongoing labor dispute at Global Sports Lanka
(North Sails Lanka) located in the Katunayake Free Trade Zone
in Sri Lanka. In this factory, where North Sails surf sails are
made, 207 workers were expelled and fired in 2002. They had been
on strike to protest the refusal to pay their annual quality bonus.
Since their wages are extremely low, the workers needed these
"bonuses" to survive.
In December 2003 a promise (referred to
as the Memorandum of Understanding, or MoU) was made by management
and representatives of Boards & More and North Sails Lanka
- the former owners of this facility- on the one hand, and the
local union and the CCC on the other, in order to address the
concerns at the heart of the dispute. I understand, however, that
one year later, issues are no closer to being resolved than in
2003. I am dissatisfied to hear that the company has failed to
implement the MoU in good faith. For example, although Global
Sails Lanka hired 90 new employees, none of the dismissed workers
was called up for an interview to see if they were suitable for
filling these positions.
For this reason, the Clean Clothes Campaign
reopened its campaign supporting the workers at Global Sports
Lanka on 19 October 2004. Since management showed that it was
unwilling to engage in constructive negotiation with the union,
it was felt that mediation between the company and the union should
be the next logical step. The union proposed that an independent
organization that is widely respected as an impartial human rights
mediator, be brought in as the mediating party. This option was
turned down by the management.
These concerns were communicated to you
and you recently visited the factory in
Sri Lanka on a 'fact-finding' mission in
order to facilitate a solution to the deadlock
between the union and management. However,
during this visit, you did not contact the
union or the organization it proposed as
mediator, nor did you forward a suitable
counterproposal.
GST Holding and the local management have
repeatedly demonstrated that they are unwilling to respect workers'
rights with regard to freedom of association and collective bargaining.
They have engaged in delay tactics by not negotiating directly
with the union and by not accepting the union's offer for mediation
by an independent third party. These acts are in violation of
the MoU. In the meantime, the dismissed workers have been forced
into the difficult situation of having to look for work elsewhere
while waiting for their cases to be heard in court - an extremely
time consuming process.
I therefore call upon you and your business
partners to use your influence to instruct local management at
the Global Sports Lanka factory to enter into mediation with the
union FTZ&GSEU and to comply with the following demands:
-
Global Sports Lanka reinstate the unfairly
dismissed workers;
-
management constructively negotiate
with the union representing the workers;
-
management respect workers' rights
to freedom of association and collective bargaining, now and
in the future.
We urge you to act quickly to resolve this
dispute.
Awaiting your response, (your Name, City,
Country)
sample letter # 2
Surf the internet and locate the North
Sails dealers in your country, and ask them to contact GST.
Draft letter to North Sails Dealers (please
adapt as necessary)
NAME
ADDRESS
CITY
FAX NUMBER
Send by fax and by mail
Date:
Regarding: Mediation necessary to end the
ongoing labor dispute at Global Sports Lanka (North Sails Lanka)
Dear Sir/Madam,
Through this letter, I want to inform you about the more than
2 year long labor dispute at Global Sports Lanka (formerly North
Sails Lanka) in the Katunyake Free Trade Zone in Sri Lanka. In
this factory, where North Sails surf sails are made, 207 workers
were expelled and fired in 2002. They had been on strike to protest
the refusal to pay their annual quality bonus. Since their wages
are extremely low, the workers needed these "bonuses"
to survive.
The Clean Clothes Campaign supports workers
in the garment industry through, for example, letter writing campaigns
and solidarity actions (see: www.cleanclothes.org)
In 2002, the workers had filed a complaint
against their dismissal with the labor court in Sri Lanka. When
the case came before the court in February 2003, North Sails Lanka
management did not show up. The case was subsequently postponed.
Many people have responded to the appeal
by the Clean Clothes Campaign and have sent letters to the management
of Global Sports Lanka and representatives of Boards & More
(the previous owner).
In December 2003 an agreement, referred
to as the Memorandum of Understanding (MoU) was reached by Boards
& More and North Sails Lanka on the one hand and the local
union and the Clean Clothes Campaign on the other. Management
agreed to negotiate directly with the local union in Sri Lanka
to find a solution to this conflict. The Clean Clothes Campaign
agreed to suspend its campaign activities for as long as there
were constructive negotiations going on.
Both sides agreed to respect the decision
of the labor court, who, to this day have not ruled on the case.
Management benefits from this time consuming process, and, despite
having agreed to negotiate in good faith, seems in no way inclined
to come to some sort of agreement with the union.
Even though there have been 90 job openings
in the past year, management has refused to re-employ the expelled
workers, some of whom worked at the factory for more than 10 years.
Some of the workers have found temporary work elsewhere, while
others have had to remigrate to their native villages. They are
very willing to work for Global Sports again. Finding a new job
is difficult, because many of them are considered too old (older
then 25!) and because Global Sports has blacklisted them as "troublesome".
As you will understand, the situation of these workers is becoming
more difficult by the day.
Since management showed that it was unwilling
to engage in constructive negotiation with the union, it was felt
that mediation between the Global Sports Lanka and the union should
be the next logical step. The union proposed that an organization
that is widely respected as an impartial human rights mediator,
be brought in as the mediating party. This option was turned down
by the management and no suitable alternative was proposed from
their side.
These concerns were
communicated to Mr. Christoph S of Global
Sports Technologies, who recently visited
the factory in Sri Lanka on a 'fact-finding'
mission in order to facilitate a solution
to the deadlock between the union and management.
During his visit however, Mr. S did not
contact the union or the independent mediator
proposed by the union, nor did he propose
a credible mediator to the union.
The company and the local management have
repeatedly demonstrated that they are unwilling to respect workers'
rights with regard to freedom of association and collective bargaining.
They have engaged in delay tactics by not negotiating directly
and by not accepting the union's offer for mediation by an independent
third party. These acts are in violation of the MoU. In the meantime,
the dismissed workers have been forced into the difficult situation
of having to look for work elsewhere while waiting for their cases
to be heard in court - an extremely time consuming process.
There are Clean Clothes Campaigns in several
European countries, and similar campaigns in North America and
Australia have been waged to support the demands of the workers.
These are:
-
reinstate the illegally dismissed
workers;
-
to enter into mediation with the
union;
-
recognize workers' rights to organize
and to collective bargaining.
North Sails stands for quality, and has
a good brand image, but that does not release the company from
its obligation to take proper care of its employees. We hope that
you, as a North Sails dealer, share our concern, and that you
are willing to convey your concern to Global Sports Technologies
and Global Sports Lanka about their failure to properly follow
up on the agreement made in December 2003, to respect workers'
rights to freedom of association and collective bargaining and
to urge them to engage in mediation with the union.
Please inform us of the steps you intend
to take.
Awaiting your response,
Sincerely,
Contact list:
GST Holding
Christoph S
Industriestrasse 13c
CH-6300 Zug, Switzerland
Cc : Boards & More AG
Yves Marchand
Weinbergstrasse 139
8006 Zurich
Cc: Boards & More Austria GmbH
Gregor König
Rabach 1
A-4591 Molln
E-mail: office@boards-and-more.com
Tel: ++43 758 44 03
Fax: ++43 758 44 03603
Cc: Boards & More SA
299, rue Champs Farcon
74370 Argonay
Tel. : ++ 04 50 66 99 22
Fax : ++ 04 50 66 94 90
Cc: Boards & More Switzerland
Mr. Schwab
Blegistrasse 11b
CH - 6342 Baar
E-mail: info@boards-and-more.ch
Tel: ++ 41 41 766 41 70
Fax: ++ 41 41 766 41 79
Cc: Global Sports Lanka, Ltd.
Meinhard Schwendtke
KEPZ, Phase 2, Ring Road 3
Katunayake, Sri Lanka
info@nslanka.lk
Fax: ++ 94 11 22 52 470
Cc: North Sails Group
Inc.66 Quirk
Road Milford
(CT 06460) USA
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