 Union
leader Somboon reinstated!!
Action still needed on Gina Form Bra factory
Dear friends,
March 19 2003, The Gina Relation Labour Union reports that the
campaign to secure reinstatement of dismissed union members is
progressing well due to local actions and the international support
campaign.
The Gina union held a bargaining session with the employer on
march 18 at the Thai Ministry of Labor. The union Executive Committee
met with Gerard Lau, the managing director. The result was that
the company has agreed to allow Somboon back into the factory.
This is an important step forward, but it is something that should
have been done a long time ago -- since this is simply compliance
with the spirit of the law (as opposed to only the letter of the
law) and the court decision by the Supreme Court ordering her
reinstatement.
The problem is that there was no progress on the other issues
including the court cases to fire the five union EC members, which
is rapidly approaching a critical stage and for which pressure
is needed NOW! (see below).
*** Developments since the last Urgent appeal ****
Companies once again are proven to be sensitive to pressure,
there have been several visits from corporate reps and monitoring
teams at Gina Form.
1. GAP has reacted quickly to the organisations filing the complaint,
and a monitoring team has visited twice and has also held meetings
with the Union and other Thai organisations. Gap reportedly did
request management to settle the cases, and inform the workers.
CCC is pleased that the Gap is investigating this case and it
taking an active role. More pressure from the GAP on the company
is needed, especially concerning the case against the 5 Union
EC members.
2. WRAP has not reacted to the Unions complaint nor to letters
of other organizations. A letter was jointly send by the CCC,
ILRF, UNITE, Campaign for Labour Rights and Global Exchange on
march 7 to protest against this unacceptable state of affairs
from an organisation that claims to indepently monitor workplaces.
A copy of the letter can be found at the CCC website http://www.cleanclothes.org/urgent/03-03-07.htm
We understand from the Union that WRAP's auditor ITS reportedly
visited the factory on february 24, but they gave no names or
name cards and although workers were able to talk to the monitors
without employers representatives present the questions asked
only concerned if the factory was following the law or not. Nothing
is known about follow-up. CCC believes that since WRAP has certified
this factory when there were problems, they means they have to
stay and try and fix those problems.
3. According to the factory management La Senza representatives
visited the factory on march 1-2, after stories in the Canadian
press. However they did not meet with the Union or Union members.
In response to inquiries from our Canadian partner Maquila Solidarity
Network, La Senza has so far refused to provide any information
on that investigation, including the name of the auditing organization,
how workers were interviewed, or the results of the audit. In
fact, the retailer has even refused to provide MSN a copy of its
code of conduct. In addition to this, rather than working with
its suppliers and other buyers to resolve well-documented worker
rights violations at the factory, La Senza is reportedly threatening
to cease placing production orders with Gina Form Bra Company.
The union DOES NOT want the brand label companies to withdraw
orders and the factory to close.
4. Victoria’s secret, K-mart and Boutique Jacob did not
react at all. Victoria's secret (owned by the Limited Brands)
is reportedly one of the largest buyers at Gina.
*** The different cases ****
Though there are several legal cases connected to this case,
the most urgently problematic one is the case currently before
the LABOUR COURT. In the case before the labor court the company
is suing five employee committee members (the employee committee
members are also union committee members) for slowing down the
production and not cooperating with the company. This case is
rapidly reaching a critical stage. The union is worried that the
Labour court may rule to allow them to be fired. Therefore, getting
this case withdrawn is a priority.
In addition to this there two separate cases before the SUPREME
COURT, concerning a total of 38 fired workers. In both cases the
dismissed workers have lodged complaints against the company for
unfair labour practices. Both the Labour Relations Committee (LRC)
and the Labour Court have found in the unions favour. The company
has appealed these decisions to the Supreme Court.
The union calls for immediate reinstatement of these workers,
and has no faith that if the Supreme Court finds in their favor
the company will abide by the judgement. They see that the company
is using the appeal process as a delaying tactic, a tactic to
further weaken and ultimately bust the union, it also pressures
workers who have no money, through being dismissed to abandon
their struggle.
**** Action request *****
Write to Victoria’s Secret, K-mart and Boutique Jacob
and urge them to:
- undertake immediate action themselves in this serious matter
and communicate this to the union, and the organizations concerned
in Thailand and internationally;
- insist with Gina Management that the case against the 5 UnionEC
members be withdrawn as an indication of good will by the management
towards the union, and willingness to work towards better labor
relations;
- insist with Gina management to abide by the rulings of the
Labour Relations Committee and reinstate the 38 unjustly fired
workers;
- publicly declare their intent to continue placing orders
with the Gina factory, and communicate that message in writing
to Gina workers and management;
- tell Gina management to stop using the threat of a cessation
of orders as a means of intimidating union supporters with possible
job loss.
Write to WRAP and urge them to:
- communicate directly with the union and the organizations
concerned in Thailand and internationally about their apparent
investigation and report on the process and results of its investigation,
including the standards used for the audit, name of the auditing
organization, process for selecting and interviewing workers,
audit results, and corrective action plan;
- take full responsibility for the situation in the factory
they certified and ensure that Gina Management:
- a) stops using the threat of a cessation of orders as
a means of intimidating union supporters with possible job
loss;
- b) withdraws the case against the 5 UnionEC members as
an indication of good will by the management towards the
union, and willingness to work towards better labor relations
and
- c) that Gina management abides by the rulings of the
Labour Relations
Committee and reinstates the 38 unjustly fired workers
Write to La Senza and urge them to:
- publicly declare its intent to continue placing orders with
the Gina factory, and communicate that message in writing to
Gina workers and management;
- tell Gina management to stop using the threat of a cessation
of orders as a means of intimidating union supporters with possible
job loss;
- insist with Gina Management that the case against the 5 UnionEC
members be withdrawn as an indication of good will by the management
towards the union, and willingness to work towards better labor
relations.
- tell Gina management to abide by the rulings of the Labour
Relations Committee and reinstate the 38 unjustly fired workers,
- report on the process and results of its investigation, including
the standards used for the audit, name of the auditing organization,
process for selecting and interviewing workers, audit results,
and corrective action plan.
Write to the GAP and:
- thank them for the positive steps they’ve so far undertaken
in this case
- ask them to keep insisting with Gina Management that the
case against the 5 UnionEC members be withdrawn as an indication
of good will by the management towards the union, and willingness
to work towards better labor relations.
Please find the addresses below. Send copies of the letters to
Gina Management and to the Thai Prime minister, as well as to
the Gina Labour Union. Thanks for your support!
Gina Form Bra Company Limited
80/8 Moo 4 Soi Ramindra 39
Ramindra Rd, Bangkhen
Bangkok 10220
Thailand
Fax. +66 2 973 0848
Victoria's Secret (Note: this company is owned by the Limited
Brands)
President and CEO
Grace A. Nichols
4 Limited Pkwy. East
Reynoldsburg, OH 43068
USA
Phone: 614-577-7000
Fax: +1 614-577-7047
Limited Brands
Chairman, President and CEO,
Leslie H. Wexner
3 Limited Pkwy.
Columbus, OH 43230
USA
Phone: 614-415-8000
Fax:+1 614-415-7278
K-Mart
James B. Adamson
Chairman and Chief Executive Officer,
Kmart Corporation
3100 W. Big Beaver Rd.
Troy, MI 48084
USA
Phone:+1 248-463-1000
Fax: +1248-463-5636
La Senza Inc.
Lawrence Lewin, President
La Senza Inc.
1604 Boulevard St-Regis
Dorval, Quebec
H9P 1H6 Canada
Fax: 001 514-684-4770
Gap
Sean Ansett
2 Folsom St.
San Francisco, CA 94105
USA
Fax: +1 415-427-6620
Joseph Basmaji
Boutique Jacob Inc.
6125 Chemin De La Côte-de-Lisse
St- Laurent, QC
Canada
H4T 1C8
Tel: +1 514-731-8877
Fax: +1 514-731-8869
Prime Minister of Thailand
The Hon Mr Thaksin Shinawatra
Office of the Prime Minister
Pitsanuloke Rd
Bangkok 10300
Thailand
Fax: (662) 282-8587, 282-8631.
Gina Relation Labour Union
405/12 Pracha Uthit Rd
Soi 33
Ratburana
Bangkok
Thailand
Phone/Fax: +66 2 973 0620
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