More action needed in North Sails case

Dear Friends,

05 March 2003, Your continued action is needed in the case of North Sails Lanka, where more than 200 workers have been dismissed or suspended, following their participation in strike actions.

North Sails is part of Boards and More (an Austrian-based company), which is a subsidiary of the Swiss-based KJ Jacobs. Please send protest letters to North Sails, Boards and More, and to Jacobs, demanding that the workers be reinstated and the quality bonus, the cancellation of which triggered the strikes, be restored. See sample letters below. This case will be heard by the Labor Tribunal on April 29th, therefore it is important that we demonstrate our support for the workers in this case in the time leading up to their hearing. For background on this case, please see the timeline below or the CCC website <http://www.cleanclothes.org/urgent/02-12-05.htm>.

TIMELINE OF EVENTS -- NORTH SAILS LANKA, SRI LANKA

March 2002 New management takes over at North Sails Lanka. Quality bonus (paid to workers if they produce goods to a pre-determined quality), which is essential for workers to survive is cancelled. A new system was implemented linking the bonus to impossibly high production targets. Deadlock between management and workers regarding the new production bonus scheme.

29 March 2002 Workers' strike
Management responds by closing the factory until further notice.

1 April 2002 Management promises to reopen the factory following workers' protest.

3 April 2002 Factory reopens. Management suspends the services of 12 workers, including some of the Workers Council members, charging them with instigating workers to go on strike on 29th March.

8 April 2002 Management requests that a domestic inquiry be held to look into the charges against the 12 suspended workers. It promises that the 12 will not be dismissed.

Management and workers sign a memorandum of settlement before the Deputy Commissioner of Labour under the provisions of the Industrial Dispute Act.

17 June 2002 Following the domestic inquiry seven workers are informed by letter that they were found guilty of some of the charges levelled against them and their services were terminated.

One of the serious charges brought by management against the seven workers -- that they had struck and behaved in an undisciplined manner -- was reported as taking place outside of the workers' shift.

Workers Council tries unsuccessfully to negotiate with management to reach a settlement.

27 June 2002 Workers go on strike. Management closes the factory again, until further notice and charges 10 workers with assaulting factory staff [none the cases have not been dropped they are pending]. Workers who are under a probation period receive a termination letter.

Management alleges they have put a notice in the newspaper concerning their plans to reopen the factory but neglects to inform the workers personally as previously agreed.

1 July 2002 Factory is reopened with new workers.

Meanwhile, management issues letters to 122 workers, charging them with vacating their posts. The workers had been told they could not return to work unless they signed letters stating that they had engaged in an illegal strike (the strike was legal). These worker had refused to sign these letters.

1 October 2002 Management has by now dismissed and suspended 207 workers (122 dismissed for being absent from their posts, seven dismissed, alleging that they incited workers to strike and engage in work stoppage; 52 dismissed without a domestic inquiry. The allegations are that they engaged in an illegal strike; 26 forced to resign because of the situation).

Management has so far ignored the Commissioner of Labour's call to mediate the conflict.

8 October 2002 At a meeting held at the Labour Department, management informs the Commissioner of Labour that it will consider reinstating all workers unconditionally if the workers write individually to request it.

17 October 2002 Approximately 200 workers formalise their request to be reinstated.

Late October 2002 Management breaks its promise of reinstating the workers unconditionally. Twenty-two workers who submitted their reinstatement letters are called by management. They are told that they have to sign a letter saying that key people forced the workers to take illegal strike action if they want to be reinstated. The workers refuse to sign such a letter.

13th December 2002 Workers file action with the Labour Tribunal.

14 February 2003 Case comes up before Labour Tribunal but management fails to attend. Workers continue to demand reinstatement and restoration of the quality bonus.

29 April 2003 The 29th of April the case came before the labour tribunal. There they divided it into four categories:

First is the group of ten workers who have been charged under the magistrates courts (MC), these cases where lay-byed (kept on hold) until the MC case is finished. Next date for the MC is coming up on June 23.

Second is the group of workers who have been charged with vacating their post, there has been a call for an enquiry by the labour tribunal. Next date is July 8.

Then, seven workers have been terminated by management. This case is taken up for trial on July 14 (workers terminated before the strike) and July 17 (workers terminated after the strike).

The Singhalese ask for action, especially the Austrians and Swiss. The Austrian CCC have taken up this appeal and issues a protest letter in June. The Dutch CCC is trying to be active at a kite-surf-event, heavily sponsored by North Sails in the weekend of June 20 and 21. We all hope simultaneous actions will take place in several countries.

Please read the updates on this appeal to see what you can do!