|
(More
on this case) ( !! Note that Kukdong changed it's name sept
2001 to Mex Mode )
27 Mar 2001, Kuk Dong update
Dear Friends,
Please find below an update on the case of Kuk Dong in Mexico, provided
by the U.S.-based Campaign for Labor Rights. The CCC has been working
on this case since mid-January 2001, and has been pressuring the
Korean-based Kuk Dong International via their European clients (the
French-based Naf Naf and Pierre Cardin) to improve labor conditions
at their Mexican facility.
Support for the Mexican workers in their struggle to establish
an independent trade union is still needed, please follow up on
the action request included in this update.
Rapid Action Network Alert-- support new Kuk Dong union
Campaign for Labor Rights, 1247 "E" Street SE, Washington,
DC 20003.
Phone: 202-544-9355, fax: 202-544-9359
Trim Bissell, National Co-Coordinator
Daisy Pitkin, National Co-Coordinator, <clrdc@afgj.org>
Web site: <www.summersault.com/~agj/clr>
CLR is a member of the Alliance for Global Justice.
To subscribe/unsubscribe, contact <clrmain@afgj.org>
<><><><><>
Rapid Action Network Alert, posted March 22, 2001
"Kuk Dong Workers Establish an Independent Union"
In this Alert:
- Kuk Dong Workers Establish Independent Union
- participants suffered no reprisals for their meeting last Sunday...at
least not yet.
- International campaign pressures Nike to take
a stand--multi-national corporation corresponds directly with
contractor, Kuk Dong, about violations.
- Next Step: Legal Recognition - reprisals still
possible & union asks for support.
- Support SITEKIM: call to action - write letters,
send faxes and emails to Nike, Kuk Dong, and Mexican government
officials in Puebla.
- Background
[Alert prepared by CLR and US/LEAP with information from sources
in Mexico]
<><><><><>
Kuk Dong Workers Establish Independent Union
Members of the independent worker coalition at the Kuk Dong factory
in Atlixco, Mexico gathered on Sunday, March 18 to meet the legal
requirements for forming an independent union. Kuk Dong is a factory
that produces for, among others, Nike, Reebok, and many U.S. colleges
and universities.
The drive for an independent union at Kuk Dong began in January
2001 as 800 of the factory's then 900 workers went on strike in
protest of the unfair firings of five workers. Three months later,
independent union supporters met and adopted statutes, elected leadership,
and met the legal requirements for the formation of an independent
union. By the end of the meeting, the unionists had taken the name
SITEKIM, Sindicato Independiente de Trabajadores de la Empresa Kukdong
International de Mexico or the Independent Union of Workers at the
Company Kukdong International of Mexico. This is the first step
in the process of becoming a legally recognized body with rights
to represent the Kuk Dong workers.
Due to continued hostility towards the independent union, both
inside and outside the plant (mainly at the hands of the conservative
government affiliated union, the FROC-CROC - the union from which
SITEKIM is struggling to win bargaining rights), workers feared
reprisal or outright violence at Sunday's meeting. Fortunately,
no such measures have been reported. However, in an intimidating
move, the FROC-CROC did station three people with a video camera
to tape the workers entering the meeting.
The meeting was also attended by a lawyer from a law firm in nearby
Puebla, Mexico, by activists from the Comite de Apoyo al Trabajador,
and by a student activists from United Students Against Sweatshops
(USAS).
Reports from sources in Mexico say that the atmosphere in the Kuk
Dong plant is calmer than it has been in months. The newly elected
leaders are beginning to take on the role of representing their
co-workers, investigating grievances and meeting with management
on their behalf. A large majority of the workers in the factory
are united in their support of SITEKIM.
<><><><><>
Nike Pressured to Take a Stand
The lack of disruption of the founding meeting of SITEKIM was in
part due to the success of the international campaign in pressuring
Nike to intervene in a strong manner with direct communication to
Kuk Dong management about the violations in the factory. On February
9th, the Corporate Responsibility Vice President of Nike, Dusty
Kidd, sent a letter to the President of Kuk Dong, Mexico asking
for some very specific demands including special outreach for reinstatement
to the original five fired workers, reinstatement of all workers
who wish to return with their previous seniority (addressing the
problem of returning workers being treated as new workers), and
publicizing the fact that the company dropped the charges waged
against workers and supporters involved in the strike at the beginning
of the year.
On March 14th, Veritè, an independent monitor hired by Nike
to review the Kuk Dong case, released its findings and recommendations
that revealed many code and Mexican law violations at the factory.
These findings mainly corroborated the findings of the Worker Rights
Consortium and the International Labor Rights Fund who issued separate
reports at the end of January. This included the finding that most
workers are unhappy with FROC-CROC representation and that a union
election should be by a secret ballot vote.
In a publicly unprecedented response to these findings, Nike issued
a remediation plan outlining the violations, the actions to be taken
by Kuk Dong, and the timeline given for compliance. Included in
these actions are: that the factory immediately develop a policy
and documentation procedure of termination that does not included
forcing workers to sign resignation notices; that the factory immediately
support workers' freedom to select their own representation; and
that over the next 6 weeks the factory work to bring its safety
conditions up to standard.
Nike making these demands of Kuk Dong is a big success in anti-sweatshop
organizing, a testament of the international solidarity campaign
and, particularly, the effectiveness of the student anti-sweatshop
movement codes of conduct. In part because Nike was "persuaded"
by the student campaign to forcefully intervene, approximately 400
of the 800 strikers have returned to work. Most of the five original
fired workers have returned, many workers have been reinstated with
their previous seniority, and Kuk Dong did make efforts to outreach
to all workers to invite them back to work. Nike's membership in
the Fair Labor Association has also made them vulnerable to"internal"
pressure from the International Labor Rights Fund.
<><><><><>
Hostility Still Reigns, Where's Nike?
However, reports indicate that while significant gains have been
made, the climate in the Kuk Dong factory is still hostile towards
independent union organizing. While Nike claims that all the workers
who wish to return are back in the factory, organizers feel many
more wish to return. Also, it seems not all workers have received
the seniority they once enjoyed. Workers report that the "neutral"
ILO training sponsored by Nike was facilitated by a trainer who
repeatedly endorsed the FROC-CROC during the training while not
giving the same attention to the independent union.
Also, Kuk Dong has not worked to create a neutral space inside
the factory. Kuk Dong has given the FROC-CROC access to company
facilities (such as the public announcement system) during working
hours without giving this access to the independent union. An independent
union leader has reported that a member of the FROC-CROC drives
around her house even though he does not live in her hometown and
has told her that he was "guarding the chicks so that they
would not step out of the fence." This behavior is interpreted
as a threat to the worker's safety. Considering these events and
the history of intimidation tactics employed by the FROC-CROC against
the workers, reprisals against independent union supporters are
still considered a strong threat.
What Nike did not include in its remediation plan is the need for
a secret ballot vote for the union elections and a demand to end
the advantages the FROC-CROC is taking of its access to company
facilities to campaign against the independent union during working
hours. Nike's neglect of these points leads to some questions as
to the seriousness of Nike's commitment to freedom of association.
<><><><><>
Next Step: Legal Recognition.
Reprisals Still Possible & Union Asks For Support
In a March 18th statement released by the new union, the executive
committee noted its future plans and its concerns: "During
the next days, we will be requesting that the government recognize
us as a union. We know we will be facing much pressure and greater
reprisals by the company-imposed union, the FROC-CROC."
SITEKIM's statement calls for further support from the international
community: "For this reason, we request your moral and political
support to continue our struggle, through letters and e-mails to
the government of the State of Puebla, the Local Labor Board, Kukdong,
Nike and Reebok. We want Mexican laws to be respected and we don't
want any unnecessary obstacles to obtain the union's legal recognition
by the government. This will be the next step in a long struggle
that will continue until we have a collective contract with the
company."
<><><><><>
Support SITEKIM!
Suggested Action:
1) Contact Nike and Kuk Dong and ask that they stave off reprisals
or violence against the independent union supporters and, of course,
not take these measures themselves, as SITEKIM strives for legal
recognition.
~ Contact: Dusty Kidd, Global Director for Labor Practices, Nike
Corp., One Bowerman Drive, Beaverton, OR 97003. Phone: (503) 671-6453;
Fax: (503) 532-0440; Email: Dusty.Kidd@nike.com.
~ Contact: Hoon Park, General Manager, Kukdong International Mexico,
S.A. de C.V. Retorno de los Continentes No. 38, Col. Rancho los
Soles C.P. 74210, Atlixco, Puebla, Mexico. Phone: 011-52-2-446-1020-3;
Fax: 011-52-2-446-1024;
Email: kukdong@avante.net.mx
2) Contact the local government of Puebla, Mexico and ask that
the process to grant legal recognition for SITEKIM be executed fairly
and swiftly.
~ Contact: Government of the State of Puebla, C. Melquiades Morales
Flores,
Governor. Email: visit http://www.sicomnet.edu.mx/cgibin/rg/paginas/puegob/ejecutivo/cgis/correogo
bfrm.pl and fill out the form on this page.
<><><><><>
Background:
The Kuk Dong Story: A Strike, A Police Attack, An Agreement, and
Mass Firings
The strike of 800 of the some 900 workers at the Kuk Dong factory
in southern Mexico that produces for Nike and many U.S. universities
began on January 9, 2001 after the company fired or forced the resignation
of 25 workers who had complained about low wages and rotten food
in the cafeteria.
The workers claim that the union at the factory, the FROC-CROC,
which is tied to the conservative Mexican political party, the PRI,
is not representing their interests. For this reason, they want
to create a new independent union in its place. Workers complain
of forced overtime (including 14 to 16 year old workers who are
legally required to work no
more than 6 hours a day and are instead working 10), verbal abuse,
and failure to give legally mandated benefits.
On January 11, as strikers picketed the factory gates, known "enforcers"
of the FROC-CROC union attempted to provoke a confrontation with
the 300 or so workers present. These attempts were unsuccessful,
but soon after, approximately 200 riot police surrounded the workers
in front of the plant and announced they had been ordered by the
Governor to remove the workers from the area. The strikers put up
no resistance. Nevertheless, the police used violence to disperse
them--many workers were severely beaten. In fact, fifteen workers
were sent to the hospital and two people had injuries severe enough
to require hospitalization. There are even reports that the police
were being directed by a leader of the FROC-CROC union, implying
cooperation between the police and the company.
Two days later, an agreement was reached to allow the strikers
to return to work without reprisals. The company agreed to distribute
copies of this agreement to all the workers. However, when the workers
tried to go back to work with copies of the agreement in hand, the
guards at the factory gates would not let many of them return unless
they signed a loyalty oath to the FROC-CROC. Hundreds of returning
workers were either fired or forced to resign.
Kuk Dong then came to a second agreement at the end of January
to rehire all the workers fired or forced to resign for supporting
an independent union and to outreach to these workers to let them
know it is safe to come back to the factory. As of the beginning
of February, sources estimated the return of only 200 of the 800
workers who went on strike.
Mexican-based sources report that workers were intimidated to return
to work due to the 30-40 armed riot police who were consistently
in the factory, the fact that returning workers were being forced
to sign a loyalty oath to the FROC-CROC, and their earned seniority
status and pay was disregarded because they were being treated as
new workers.
Since then, escalating the international campaign pressured Nike
to intervene more forcefully with Kuk Dong management in February
and March has which made a difference. The hostile climate towards
the independent union continues to be a problem. Thus, the right
to organize and freedom of association have not yet been won - but
the initial loss has been reversed.
Kuk Dong International is a Korean-based Nike producer with large
factories in Indonesia, Brazil, and Mexico. Reports indicate that
there have been repeated labor disputes at Kuk Dong's Indonesian
factory, most recently over the failure to pay a minimum wage.
You can find the monitor reports on Kuk Dong online: Veritè:
www.nikebiz.com
Worker Rights Consortium: www.workersrights.org
International Labor Rights Fund: www.laborrights.org
<><><><><>
End
Solidarity,
Daisy Pitkin
National Campaigns Coordinator
Campaign for Labor Rights
CLRDC@afgj.org
(202) 544-9355
|
