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

• CLR Update Update on Kukdong Struggle
• Call to Action - Delegations to Mexican Consulates
• Background

Please find below an update on the situation at the KukDong factory in Mexico, compiled by the Campaign for Labor Rights (based on information provided by United Students Against Sweatshops (USAS), Maquiladora Solidarity Network (MSN), US Labor Education in the Americas Project (US/LEAP), and SITEKIM). U.S. activists will be targetting Mexican consulates to press for legal recognition of the independent trade union at KukDong. Please consider organizing a similar action in your community.

Meanwhile, the Workers Rights Consortium (WRC) has released its second (and more comprehensive) report on its ongoing investigation at KukDong. Their explanation: "KukDong workers filed complaints with the WRC in January 2001, following KukDong's alleged discharge of five worker who asserted several workplace grievances, and following KukDong's alleged failure to reinstate hundreds of workerswho participated in work stoppage protesting that discharge and other matters. This new report is based on a filed investigation conducted by a WRC panel of seven experts on Mexican and international labor law, labor relations, social-science methods, and human rights, with follow-up research by both U.S. and Mexico-based investigators. The members of the panel are enumerated and the panel's methods of investigation are comprehensively explained in the full report..."

CLR Update Update on Kukdong Struggle (excerpted from CLR posting, June 20, 2001)

Workers at the Kuk Dong factory in Puebla, Mexico, have been attempting to form a democratic trade union since earlier this year. Kuk Dong, which is Korean-owned, produces for both Nike and Reebok. The bulk of the international solidarity campaign has been directed at Nike and has already succeeded in pressuring Nike to intervene at some important points in the campaign.

As Labor Alerts subscribers probably know, workers at the Kuk Dong factory have asked for international support a number of times in the past six months. The first appeal for support was after a worker strike resulted in mass firings and assault by the local police that led to 15 people going to the hospital. Fortunately, a local (Puebla, MX) campaign, combined with international support succeeded in the reinstatement of many of the fired workers. Recently, the workers have again have asked for international support for its application for legal recognition for an independent union, SITEKIM, and for a secret ballot election once that recognition is given.

Workers at Kuk Dong are currently represented by the FROC-CROC union, which is the union aligned with the former Mexican ruling party, the PRI. The workers at Kuk Dong have never been consulted nor have they consented to being affiliated with that union. The FROC-CROC signed a protection contract with the employer, just after the factory opened, when only a handful of workers had been hired. The FROC-CROC still has a constant physical presence inside the factory. The presence of FROC-CROC representative, Huberto Cendano, creates an environment in the factory that is hostile to the formation of SITEKIM, the independent union. (For more background on the struggle, see the "Background" section below.)

In recent weeks, violence and intimidation have been used against members of SITEKIM to stifle their organizing efforts. Reports include one SITEKIM member, Ivan Ruiz, being attacked by three, paid FROC-CROC supporters. Also, one SITEKIM leader, who lost a significant amount of money in the factory, was accused of "self-robbery," and was subject to severe management and security interrogation.

SITEKIM filed for legal recognition (registro) with state labor officials almost sixty days ago, and according to Mexican law, the government has just one more week to respond to the union's request. The process of union registration should be a quick and minor administrative task. But given the close relationship between the FROC-CROC and the Puebla state government, we can assume that the delay in this case is a tactic employed to deny workers their right to the legal registration of their union.

Considering the hostile environment in the factory, the only way for a free and fair election for the SITEKIM union (when it finally gains legal recognition from the state) is through a secret ballot election. The international campaign has been successful in getting Nike and Reebok to contact Mexican government officials to ask for speedy processing of the union's request for registration. It is clear that much more international support will be crucial to ensure that SITEKIM gains recognition and that they are allowed to hold their election by secret ballot.

2. Call to Action - Delegations to Mexican Consulates

Campaign for Labor Rights, along with a coalition of other national and international groups working in solidarity with SITEKIM, is organizing delegations to all of the Mexican Consulate offices across the U.S (there are 45 consulates in the U.S. and one in Puerto Rico) from July 16-18. The strategy we suggest at this time is to have "respectful" meetings with the labor officials at each Consulate to begin a national dialogue that can be continued (and escalated if necessary) over the next months. The diverse delegations of labor, student, faith-based, community, etc...activists are to meet with labor officials at each consulate to issue the following demands to the Mexican government:

1) That the Mexican federal and Puebla state governments respect the fundamental right of Kuk Dong workers to freedom of association and promote a fair and speedy processing of SITEKIM's application for legal recognition. These rights are guaranteed in international agreements made by Mexico, including Convention 87 of the International Labor Organization, the North American Agreement on Labor Cooperation (a NAFTA side-agreement) and the Constitution of the United States of Mexico and the Federal Labor Law.

2) That the government of Mexico take appropriate steps to ensure that any future union representation election (recuento) involving Kuk Dong workers be held by secret ballot vote in a secure, neutral location as in accordance with the May 2000 Joint Declaration signed by the Mexican and U.S. secretaries of labor.

Background

On March 18, a group of workers at the Kukdong garment factory in Atlixco, Mexico met to form an independent union, SITEKIM. Their brave decision represents the first step toward winning the right to represent the 800 workers at the Nike supply factory and to bargain collectively on their behalf.

The meeting would not have been possible without the support of Nike campaign activists, university students and concerned consumers in the US, Canada and around the world. The campaign successfully pressured Nike to facilitate the reinstatement of hundreds of workers who had been locked out, illegally fired and pressured to resign for participating in a work stoppage.

On January 9, 800 workers at the Kuk Dong factory staged a work stoppage to protest the illegal firing of five workers and the forced resignations of 20 others who had complained about low wages (US$32 for a 50-hour week) and rotten food served in the factory cafeteria, and had requested a copy of the collective agreement.

The striking workers demanded that the company reinstate the fired workers and respect their right to organize an independent union.

The workers are currently "represented" by the FROC-CROC, a union federation controlled by the historical ruling party of Mexico, the PRI. Workers complain that the FROC-CROC was brought in by the company without the workers' consent, and that it negotiated a "protection contract" with their employer before any workers were hired.

On January 12, 300 state police in full riot gear attacked 300 workers who were guarding the factory. The workers, who put their hands in the air and retreated to the factory gates, were hit, pulled, pushed and insulted by the police.

Fifteen workers ended up in the hospital, and two were kept overnight. One of them was in serious condition from blows to the head. Two strike leaders were violently kidnapped by the police, but were later released.

The police had apparently been ordered to remove the strikers by the PRI state governor. As well, Rene Sanchez Juarez, the local leader of the FROC-CROC, was reportedly at the scene of the police attack, pointing out strike leaders to the police.

Faced with protests locally and increasing pressure on Nike from student, labor and solidarity groups in the US, Canada and Europe, Kuk Dong management agreed to allow strikers to return to their jobs with no reprisals.

On January 17, management violated the agreement by refusing entry to the factory to several independent union supporters. Others union supporters who succeeded in entering the plant were picked out by representatives of the "official" union, reported to security guards and told to leave, or told they would have to resign "voluntarily."

On January 25, a six-member investigative team from the Worker Rights Consortium (WRC), a code implementation body involving 70 US universities, released a preliminary report confirming that severe ongoing violations of university codes were taking place, and calling on its member universities to take immediate steps to seek the reinstatement of the five fired leaders of the independent union and all other workers who have been "idled after the work stoppage and are willing to go back to work."

On the same day, the International Labor Rights Fund (ILRF) release a report by Mexican labor lawyer Arturo Alcalde, confirming that the company had failed to reinstate striking workers, and this would have a negative impact on any subsequent union representation election. The report calls on Nike to send someone to the factory with the authority to insist that all workers be reinstated.

On February 5-7, the US non-profit code monitoring organization Verité carried out an audit on Nike's behalf to determine Kuk Dong's compliance with the Nike code of conduct. The Verité report confirms most of the findings of investigations by the Worker Rights Consortium (WRC) and, including the fact that the CROC signed a collective agreement with the company before the factory was in operation and any workers had been hired.

According to the Verité report, "18 of 29 workers interviewed reported that the factory does not permit workers to form and join unions of their choice." It goes on to say: "Most workers at the factory either do not want the CROC as their union or want no union. Only a small number of workers reported that they were satisfied with the CROC." The report recommends that Nike and Kuk Dong ensure that a free and fair union representation election by secret ballot vote be held at the earliest possible date.

Although Nike has responded to pressure by helping to facilitate the return to work of over half the workers who participated in the work stoppage, the Kuk Dong workers' struggle is far from over. The workers are now seeking legal registration of their union and, if and when they receive the registration, they must then petition for a union representation election (recuento) to determine which union will own the collective agreement and the right to negotiate with the employer.

According to a local workers' right organization, the Worker Support Centre (CAT), harassment and discrimination against supporters of the independent union continues at Kuk Dong. This has included the beating of SITEKIM leader Ivan Diaz Xolo by members of the CROC, harassment of Elytania Baez, and attempts by the CROC to intimidate and/or to bribe members of SITEKIM to renounce their independent union.

The CROC is the same union that recruited thugs to threaten and intimidate workers at the Duro factory in Rio Bravo, who were also seeking an independent union. In that recuento, on March 2, workers were denied a secret ballot vote and forced to verbally declare their vote in front of management, leaders of the CROC and the hired thugs. Not surprisingly, only four workers at Duro dared to publicly declare their support for the independent union.

For that reason, it is extremely important that Mexican government be pressured to quickly grant the legal registration to the independent union, SITEKIM, and that both Nike and the Mexican government be pressured to ensure that any future union representation vote is by secret ballot in a secure, neutral location.