Letter
from Dr. Hengstmann send on february 12 to CAT and organizations
and individuals that supported the campaign.
Dear Madam, Dear Sir:
I am writing with regard to the recent allegations
that have surfaced cornering PUMA's operations and association
with Matamoros Garment, Mexico.
As I am sure you understand, PUMA is deeply troubled
by the above. Our concern extends well past ensuring that PUMA's
brand and image remain untarnished and true to the ideals set
forth in our Corporate Code of Conduct, as we were very disturbed
by the alleged injustices experienced by the employees of the
Matamoros Garment Factory. In light of the above, PUMA and its
sourcing Subsidiary, World Cat America (WCA), have engaged in
a fact-finding mission aimed at clarifying the details of the
situation at hand. Our efforts to uncover the details of these
alleged injustices include flying three individuals from our
corporate headquarters to Mexico, as well as documenting and
filming all interviews and interactions.
To ensure that there is equal understanding of
the events that transpired regarding the alleged injustices,
I would like to recap the major milestones in PUMA's and Matamoros
Garment's relationship.
PUMA is a global company that markets and distributes
sports footwear and apparel to an international audience. PUMA
is not a producer of these items and relies solely on contract
production in approximately 28 countries to fulfill its production
needs.
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On July 29, 2002 PUMA and WCA, via a US sourcing agent,
engaged in a contractual relationship with Matamoros Garment
for the production of PUMA apparel. In this relationship
PUMA became a minor customer of the Matamoros Garment Factory.
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In accordance with PUMA standards, the Matamoros Garment
factory was audited on September 11, 2002. PUMA's auditing
standards are in accord with those laid out in SA 8000, as
well as those of the International Labour Organization. The
role of PUMA's audits is to ensure that strict social and
environmental policies are practiced. More importantly these
polices are openly displayed within the factory to ensure
that all employees are familiar with them.
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The results of the audit, which covered work conditions,
employee treatment, and adherence to international standards,
among others was satisfactory.
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In the beginning of October WCA was informed that Matamoros
Garment Factory's largest customer had filed for bankruptcy.
Subsequent discussions with the factory owners and the sourcing
agent confirmed that the factory would no longer be able to
finish and deliver the required PUMA goods on time.
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In agreement with the factory owner and the US sourcing
agent, PUMA desisted from placing new orders with Matamoros
Garment, as their ability to produce was jeopardized due to
the ongoing financial constraints.
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Starting in the middle of October 2002, and continuing through
January 2003, PUMA's US sourcing agent made payments beyond
its contractual obligations to Matamoros Garment to help the
company cover its payroll costs.
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These outlays which amounted to app $15,000 per week were
intended to help cover labor costs associated with finishing
the production of PUMA products already in progress.
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Although PUMA and its affiliates acted in good faith by
securing the employee's remunerations, a delay in wage payments
occurred as a result of Matamoros Garment's financial situation.
This delay and other allegations prompted outrage from employee
activists. Said activists, unknowing of PUMA's actions, conferred
guilt by association on the company. Subsequent investigation
revealed that PUMA was in fact in an "unfortunate situation"
which has since been corrected.
The above named events triggered a series of assertions
against PUMA. Upon closer examination all of these allegations
are based on unsubstantiated claims and improperly communicated
information. Specifically the following elements need to be
addressed to ensure that proper information is conveyed.
Workers indicated that they were not paid for
3.5 weeks: Although workers were paid up to one week late as
a result of Matamoros financial difficulties, they were paid
their full wages. Payments were witnessed by Junta de Conciliacion
(the Mexican Worker's Court). Detailed records indicating payments
and receipts of these can be found at www.matamorosgarment.com/payment.
Members of the independent support center for workers "Centro
de Apoyo al Trabajodor" retracted previously issued statements
indicating that Matamoros workers were not paid.
Unhealthy cafeteria conditions: Problems stemmed
from the agricultural use of surrounding fields resulted in
the flooding of Matamoros Garment factory's cafeteria. A professional
contractor hired by the company to construct proper flood prevention
barriers has resolved this problem. More importantly, even on
days where flooding did occur, a cleaning crew swept out the
cafeteria prior to employee lunch breaks.
Forced overtime: Throughout the duration of PUMA's
contract, including the time after which the contract was ended,
but production of PUMA product ensued, interviewed workers categorically
denied that they were forced, required, or strongly encouraged
to work overtime. Requests for overtime work were freely declined
without any consequence for the worker. This information has
been verified by all of the randomly selected workers who were
interviewed between February 3-4 2003.
Locked in factory: Again, all 22 interviewed employees
indicated that they were never locked in the factory. They could,
with permission from Human Resources and / or their Supervisors
leave the factory at any time. Permission was required to ensure
that proper time-keeping practices could be implemented.
Freedom of association: All persons interviewed
stated that they are allowed to be or are already members of
the "Sindicato Francisco Villa de la Industria Textil y
Conexos Miembro de la C.T.M. This organization has been the
legal work union at the factory since November 1999. More importantly,
two of the three interviewed Centro de Apoyo al Trabajodor members
confirmed that they have freedom of association and have requested
that their own union gains recognition and legal acceptance.
Verbal and physical abuse: Interviewed employees
overwhelmingly denied that physical or verbal abuse occurred
in the Matamoros Garment factory. PUMA, by its own free will
acknowledges that verbal abuse is subjective to individual opinions
and that any measure of this type is subject to differing interpretations.
Lack of transport: As in the past, Matamoros will
continue to provide free transportation to and from work for
its employees. Recently, due to the company's economic situation,
routes and schedules have been restructured to provide a more
cost effective service network.
After careful analysis and constant dialogue with
the relevant parties, PUMA realizes that Matamoros Garment factory
workers have been affected by the events that transpired in
the preceding months. Nonetheless, PUMA has made every effort
to preempt and rectify the situation, even at considerable cost
to PUMA and its partners. The Centro de Apoyo al Trabajodor,
which has been instrumental in our investigations, has also
reached the conclusion that PUMA was placed in precarious position,
not as a result of its actions or negligence, but purely because
of its international clout and ability to draw attention to
the circumstances beyond its control. As a result, Centro de
Apoyo al Trabajodor has informed us that they are planning on
issuing a statement retracting the assertions listed above.
In an effort to show good will and the potential for renewed
interaction, PUMA will consider reestablishing normal business
relationships with the Matamoros Garment factory once matters
underscoring the current difficulties are resolved to everyone's
satisfaction.
At PUMA we strongly adhere to the code of conduct
and the policies laid out in our S.A.F.E. manual. These, along
with constant inspection, dialogue, and interaction with all
partners and stakeholders have allowed us to elevate the standard
of living for those individuals who allow PUMA's goals to become
reality.
Sincerely,
Dr. Reiner Hengstmann