(More on this case) ( !! Note that Kukdong changed it's name sept 2001 to Mex Mode )

Update from struggle at Kuk Dong factory in Atlixco de Puebla, Mexico:

Illegitimate company union threatens strike in desperate move to restore its authority; Fear of violence against workers escalates

United Students Against Sweatshops has just learned from our representatives in Atlixco de Puebla, Mexico that the the FROC CROC, the illegitimate official union allied with management, has filed 21 counts of unfair labor grievances at the Kuk Dong factory as of last Tuesday, February 13th. This is a desperate attempt by the FROC CROC to maintain its authority over the workers sympathetic to the movement to win an independent, democratic union at the factory and to attempt to scuttle the gains that have been made to see that freedom of association is guaranteed in the factory. The grievances allege, among other issues, the following:

• that Kuk Dong is showing favoritism toward supporters of the work stoppage and paying them more than others
• that two secretaries in the Kuk Dong offices, who have been sympathetic to the movement for an independent union, have treated workers poorly; and
• that the previous presence of independent monitors in the factory is unfair meddling by outsiders in the FROC CROC’s business, and
• that Kuk Dong has interfered in the internal affairs of the FROC CROC by ordering the reinstatement of workers illegally fired during the strike.

These grievances have been sent by the FROC CROC via the local government’s labor and reconciliation board to Kuk Dong, Nike, and Reebok; supposedly, they are supposed to be given to all workers in the plant, although from independent interviews it turns out that few workers have received them.

There is a significant fear that to assert their ‘authority’ the FROC CROC will again resort to violence in this unfolding episode by trying to force workers at the factory to stage a strike supporting their grievances. This could happen as soon as tomorrow, Monday, February 19th. Incindentally, this is the same date that some of the leaders of the independent union organizing effort, whose illegal firings precipitated the original strike at Kuk Dong in early January, will attempt a return to the factory in a watershed moment for the workers’ struggle that would encourage perhaps hundreds of workers who are afraid or unsure to go back in to work at the moment because of fear of company intimidation tactics. These leaders have previously received threats from the security chief at Kuk Dong that they would be physically harmed if they attempted to return.

A strike by the FROC CROC would be illegal because it would not be called by a majority vote of the workers in the factory; rather, it would be a strike called by leaders of an undemocratic, unrepresentative, company-allied union who has never previously advocated for improving conditions at the factory previous to this struggle. The leaders of the movement for an independent and democratic union at Kuk Dong are advocating, to demonstrate the illegitimacy of the FROC CROC, that workers do not strike. But there concern that thugs hired by the company union will raid the factory to intimidate workers into going on strike and physically harming those who refuse. It would be an ironic twist on the events that transpired January 11th, when police and thugs from the FROC CROC raided the factory to break up a wildcat strike for an independent union; their violence on that night sent 15 workers to the hospital.

As more workers who were illegally fired return to employment at the factory, and the movement for an independent union moves forward, there is a higher likelihood that the FROC CROC or security forces at Kuk Dong will escalate a strategy of violence and intimidation tactics. Because of this possibility, it is urgent that Nike do two things immediately to guarantee the safety of workers at Kuk Dong and ensure that their freedom of association is respected:

(1) Nike must make a public commitment to maintain a third party monitoring presence at the factory of local human rights organizations in Puebla to ensure that the workplace is an environment free of intimidation through the duration of this struggle. This is a demand repeated previously several times over the past few weeks, without an ongoing commitment yet to maintain this third party presence. Given the escalating situation at Kuk Dong, this is now only all the more urgent and necessary. Not maintaining this presence when the history and threats of violent intimidation tactics by the FROC CROC and security at Kuk Dong are so high would serve to make Nike complicit in that strategy.

(2) Since the grievances filed on Februrary 13th were sent to both Nike and Reebok, as well as Kuk Dong management, they should release publicly the date and time that was set by the local labor and reconciliation board that a strike may begin if the allegations are not answered.

These demands are in addition to the ones posted last Friday about the planned return to the factory this week of the leadership of the movement for an independent union and guaranteeing freedom of association for the workers at Kuk Dong. Those demands also included:

1. Publicly guarantee the safe and unconditional return of the 5 leaders originally fired in the Kuk Dong struggle, and to renounce the earlier threats to their physical safety and the issuing of warrants for their arrest. Demand that they reaffirm their commitment that all workers should be rehired to Kuk Dong unconditionally and without reprisal, and to increase their pressure on Kuk Dong management to see that this is carried out. Nike wrote in a statement released last Friday that “The factory intends to rehire the original five workers that initiated the work stoppage and has made a formal written request that charges be dropped against the workers in connection with the events of January.” The proof of that will begin tomorrow.

2. Publicly call on Kuk Dong to rehire all returning workers unconditionally and under the same salary, position, and seniority of their previous employment, including guarantees that all leaders of the independent union effort will not continue to be isolated from other workers at the factory. Nike’s statement last Friday said that the factory intends to reinstate all of the workers at the same salary, benefits, and seniority. However, they said nothing about bringing workers back to their former positions, and USAS reps reported that Kuk Dong resisted an attempt by Reebok to meet about the situation of Ivan de Erick Diaz Xolo, the worker who released a statement to the U.S. last week describing how he has been confined to an office, away from other employees, since returning from the work stoppage.

3. Publicly call on Kuk Dong to discontinue the illegal process of forcing returning workers to sign statements of loyalty to the FROC CROC, and urge Kuk Dong to drop its illegal and invalid "protection contract" with the FROC CROC.

4. Publicly reaffirm their commitment to continue the same levels of production at Kuk Dong - Mexico as it has since the factory opened and see to it that Kuk Dong remains in Atlixco de Puebla.

Please contact the following people and urge university presidents with Nike contracts and licensing codes of conduct to publicly call on Nike to enforce the freedom of association of the codes by complying with the above demands.:

Dusty Kidd
Global Director for Labor Practices
Nike Corporation
One Bowerman Drive
Beaverton, OR 97003
Phone: (503) 671-6453
Fax: (503) 532-0440
Email: Dusty.Kidd@nike.com

Amanda Tucker
Senior Labor Practices Manager
Nike, Inc.
One Bowerman Drive
Beaverton, OR 97005
503-532-0311
Email: amanda.tucker@nike.com

Kukdong International Mexico S.A. de C.V.
Retorno de Ave. Continentes Num. 38
Rancho Los Soles
Atlixco de Puebla, Mexico
Tel: 011-52-244-61020~3
Fax: 011-52-244-61024
Email: kukdong.@rpc.com.mx

Kukdong Corporation (Korea)
Kukdong Building 229-3 Young Dap-Dong
Sungdong-Ku, Seoul, Korea
Tel: (02) 3407-7701~7905
Fax: (02) 2249-5915
2243-7776
http://www.kd.co.kr
email: kukdong@kd.co.kr

2) Contact the Mexican Labor Secretary: Urge the Labor Secretary to use this conflict as an opportunity to prove that Mexico is a fair and stable place for people to work without violent intimidation, and that all workers enjoy the right to organize independent unions.

Contact:
Lic. Carlos Abascal Carranza
Secretaría del Trabajo y Previsión Social
Periférico Sur No. 4271
Edif. A, piso 4
Col. Fuentes del Pedregal C.P. 14149.
Phone: 011-52-5-645-2962
Fax: 011-52-5-645-5594
Email: cabascal@stps.gob.mx