Jaqalanka union fails to win recognition

29 Jul 2003,

Dear Friends,

Please find below an update and request for action on the Jaqalanka case based on recent reports from the Free Trade Zone Workers Union (FTZWU). Sample letters with e-mail addresses are included. Please take a moment to send out letters of protest today.

Jaqalanka union fails to win recognition

Attempts to win recognition for a union at the Jaqalanka garment factory, located in the Katunayaka EPZ in Sri Lanka, were unsuccessful.

Only 4% of Jaqalanka workers (17 out of an official total of 399 workers) participated in the July 9 referendum on the union. One vote was deemed invalid. Of the valid votes cast all were in favor of the union. In order to win the election, the union needed to demonstrate that it had 40% membership.

The Free Trade Zone Workers Union (FTZWU) reports that "it was very clear that intimidation tactics were still being used by management even while the referendum was being conducted. Management officials who have been involved in harassment and intimidation were going to all the sections of the factory as the referendum was being conducted under the pretext of carrying out production processes. This intimidation was pointed out to the Labor Department officials who were coordinating the referendum, but they did not take any action." The official report filed by international observers found that the election "was marred by the clumsiest of employer intimidation. The government of Sri Lanka did nothing about it."

In the months leading up to the vote, union members (reported to be around 50%) had endured a campaign of threats, harassment, and intimidation waged by management. Management representatives pressured workers not to vote for the union and threatened to close down the factory if the union was voted in. Management was reportedly delighted by the election results and organized a celebratory party for male workers that night.

RECENT EVENTS

Anti-union intimidation continues at Jaqalanka Ltd. On July 14th a Nike auditor again visited the factory and met with the union branch secretary and assistant treasurer and enquired about what transpired on the day of the election. The branch secretary and assistant treasurer explained what happened, and the auditor also spoke with other workers. The next day the branch secretary was threatened by the cutting section manager Mr Mahilal. Mahilal used obscene and abusive language and asked why the branch secretary had spoken to the Nike auditor. He threatened the branch secretary saying that if the factory closes he would take a knife and stab him, and he was ready to go to jail. The branch secretary made a complaint in writing to the Nike auditor and asked for protection of his and his life this complaint was handed over on 16 July.

On July 16th a union representative went to the Negombo Labour Office to meet with Jaqalanka Ltd management, as agreed on 29 May 2003, prior to the referendum, but management did not show up. The Assistant Commissioner, Negombo, told the union rep that he had sent the file to Colombo and had nothing further to do with the matter.

REQUEST FOR ACTION

The union believes the referendum was illegitimate and therefore should be declared "null and void."

They request that the companies doing business with Jaqalanka Ltd VF and Nike -- be asked to pressure Jaqalanka management to respect workers rights. Specifically, they should request that new union elections without employer intimidation are held, and that the employer makes a clear statement to the workers that they respect freedom of association and will take a positive attitude to trade unions and union activities.

The union also demands that the Minister of Labour should take action against those involved in the intimidation, including officials from the Labour Department and the Board of Investment (BOI). Sample letters of protest to VF, Nike, Jaqalanka management, and the Minister of Labor follow. Please send copies of your protest letters to the FTZWU (e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ).

For more background information on this case and to see the election report filed by the team of international observers, please see the TIE-Asia website <http://www.tieasia.org/Jaqalanka.htm> of the CCC website
.

SAMPLE LETTERS

(please adapt and send)

Managing Director
Jaqalanka Ltd
Fax: 94 1 22 52 461
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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(insert date) July 2003

Dear

The results of the referendum held on Wednesday 9 July 2003 in your factory, to determine if the Free Trade Zones Workers Union (FTZWU) has 40% membership and can therefore be recognised as a collective bargaining agent, clearly demonstrated the intimidation tactics of Jaqalanka Ltd management and officials not only in the lead up to, but also during the election.

The report of the international observers also highlights the intimidation and harassment of Jaqalanka Ltd management.

I have been informed that intimidation, harassment and threats made to union members, particularly branch union officials, continues in your factory.

Therefore I support the FTZWU in their view that the referendum was illegitimate and therefore should be declared "null and void". Additionally, we support the union's request that the referendum should be rerun without employer intimidation and with all safeguards in place to ensure a free and fair election. I request that you make a clear and public statement to Jaqalanka workers informing them that you respect the right of freedom of association and will take a positive attitude to trade union organisation and activity.

For your information, I am contacting those companies (Nike, VF) that do business with your company to tell them of my concerns regarding this anti-union behavior. I have requested that they support calls for a new election -- one without employer intimidation. I will also contact the Minister of Labour to request that action be taken against those involved in the intimidation including officials of the Labour Department and the Board of Investment (BOI).

I urge you to respect workers rights and to stop intimidation tactics immediately.

Yours sincerely

VF Corporation
Fax: 1 336 547 7630
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Nike
Fax: 1 503 671 6300
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(insert date) July 2003

Dear

The results of the referendum held on Wednesday 9 July 2003 at your supplier factory Jaqalanka Ltd in Sri Lanka, to determine if the Free Trade Zones Workers Union (FTZWU) has 40% membership and can therefore be recognised as a collective bargaining agent, clearly demonstrated the intimidation tactics of Jaqalanka Ltd management and officials not only in the lead up to, but also during, the election.

The report of the international observers also highlights the intimidation and harassment of Jaqalanka Ltd management.

I have been informed that intimidation, harassment, and threats made to union members, particularly branch union officials, continues in your supplier factory.

Therefore I support the FTZWU in their view that the referendum was illegitimate and therefore should be declared "null and void". Additionally, I support the union's request that the referendum should be rerun without employer intimidation and with all safeguards in place to ensure a free and fair election. Please contact your supplier immediately and request that they meet the union's demands. I urge you to press them to make a clear and public statement to Jaqalanka workers informing them that you respect the right of freedom of association and will take a positive attitude to trade union organisation and activity.

The union believes that the Minister of Labour should take action against those involved in the intimidation including officials of the Labour Department and the Board of Investment (BOI).

I believe that your company has an important role to play in seeing that conditions improve at Jaqalanka. I urge you to contact Jaqalanka management and the ministry of labor today to follow up on these very serious issues.

I hope that you will take steps today to ensure that your supplier factory respects workers rights and immediately stop intimidating and harassing workers who are trying to exercise their legal right to freedom of association.

Yours sincerely

Minister of Employment and Labour
Honourable Mahinda Samarasinghe
Fax: 94 1 588 950
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(insert date) July 2003

Dear

The results of the referendum held on Wednesday 9 July 2003, to determine if the Free Trade Zones Workers Union (FTZWU) has 40% membership and can therefore be recognised as a collective bargaining agent, clearly demonstrated the intimidation tactics of Jaqalanka Ltd management and officials not only in the lead up to, but also during the election.

The report of the international observers also highlights the intimidation and harassment of Jaqalanka Ltd management.

Further we are informed that intimidation, harassment and threats made to union members, particularly branch union officials, continues in this factory in the Katunayake FTZ.

Therefore we support the FTZWU in their view that the referendum was illegitimate and therefore should be declared "null and void".

Further, we support the union's demands as follows:

• The referendum should be rerun without employer intimidation and with all safeguards in place to ensure a free and fair election.
• All those doing business with Jaqalanka Ltd should be asked to force the company to respect workers rights and have the election rerun not only without employer intimidation but with a clear statement from the employer to workers that they respect the right of freedom of association and will take a positive attitude to trade union organisation and activity.
• The Minister of Labour should take action against those involved in the intimidation including officials of the Labour Department and the Board of Investment (BOI).

We urge you to take action and ensure that the violation of workers rights stops immediately.

Yours sincerely

Arjunna Mahendran
Chairman/Director General
The Board of Investment of Sri Lanka
Fax: 94 1 329795
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

(insert date) July 2003

Dear

The results of the referendum held on Wednesday 9 July 2003, to determine if the Free Trade Zones Workers Union (FTZWU) has 40% membership and can therefore be recognised as a collective bargaining agent, clearly demonstrated the intimidation tactics of Jaqalanka Ltd management and officials not only in the lead up to, but also during the election.

The report of the international observers also highlights the intimidation and harassment of Jaqalanka Ltd management.

Further we are informed that intimidation, harassment and threats made to union members, particularly branch union officials, continues in this BOI enterprise in the Katunayake FTZ.

Therefore we support the FTZWU in their view that the referendum was illegitimate and therefore should be declared "null and void".

Further, we support the union's demands as follows:

• The referendum should be rerun without employer intimidation and with all safeguards in place to ensure a free and fair election.
• All those doing business with Jaqalanka Ltd should be asked to force the company to respect workers rights and have the election rerun not only without employer intimidation but with a clear statement from the employer to workers that they respect the right of freedom of association and will take a positive attitude to trade union organisation and activity.
• The Minister of Labour should take action against those involved in the intimidation including officials of the Labour Department and the Board of Investment (BOI).

We urge you to take action and ensure that the violation of workers rights stops immediately.

Yours sincerely