Dear Friends,
Action is still needed to support the struggle of the Gina Relation Worker Union (GRWU) to have unfairly dismissed workers reinstated and ensure that workers rights are respected at a Thai garment factory producing for a number of major North American brands. Please see the following summary of recent developments in this case. A request for action is included at the end of this update. For more background information on the case, please see here.

Take action now!

(sources: American Solidarity Centre, Bangkok; TIE-Asia; Maquila Solidarity Network)

- Citing cut in orders, Gina Form puts workforce on leave with half-pay

Gina Form management is reportedly moving orders away from Gina Form to other factories, but meanwhile is telling Gina Form workers that because no orders are coming in they must go on leave at 50% of their pay. Management invoked article 75 of the Thai Labor Protection Act of 1998 to put much of the workforce on leave for a week. The GRWU has opposed this action and challenged it under the terms of the act (lack of orders is not a legitimate grounds to invoke article 75). Management representatives have reportedly said that there are few new orders at Gina Form because the GRWU has talked to overseas organizations about working conditions at the factory.

- pro-management union formed to undermine GRWU

Management continues to refuse to bargain collectively with the Gina Relation Worker Union (GRWU). The GRWU has demanded that the Ministry of Labor help collective bargaining negotiations recommence and marched to the ministry with several hundred workers to make this point. Meanwhile, a new union has been formed at Gina Form: Gina Ruamjai Union (GRU). The GRU was reportedly formed with the connivance of factory management, and through the work of Panus Tailuan of the National Congress of Thai Labour, a notoriously corrupt “union'” leader in Thailand. The GRWU alleges that Gina management is acting in a discriminatory way by favoring the GRU. Management representatives are reportedly pressuring workers to resign from the GRWU and apply to the GRU.

This is very disturbing, and shows that Gina management has added new tactics, by blatantly favoring GRU and using anti-union harassment and fear (of lost orders) to try and force GRWU members to resign from their union. It is critical that campaigners insist on previous demands made by the union, and also demand that Gina Form Bra management end all harassment of the GRWU, drop the court cases against GRWU members, and stop all favoritism being offered to the yellow Gina Ruamjai Union.

- Gina Form management makes false claim that they are working with the ILO:

Gina Form management made claims that they were working with the ILO, however this proved to be untrue. TIE-Asia wrote to the ILO Thailand seeking clarification on the matter. The ILO responded by saying they had not yet had any contact from the Gina Form Bra Company on the dispute.

REQUEST FOR ACTION

1. Tell Gina owners Clover Garment to stop harassing the GRWU and begin collective bargaining negotiations
2. Pressure Victoria’s Secret, K-mart and Boutique Jacob to take positive action
3. contact La Senza (Canada) and tell them not to cut and run
4. Contact Gap and ask for their continued action on this case
5. Please send copies of your letters and responses to the GRWU

1. Tell Gina owners Clover Garment to stop harassing the GRWU and begin collective bargaining negotiations

Gina Form management has been involved in the harassment and intimidation of union members and illegal lay-offs and firings of union leaders since 2001. Both the Thai National Human Rights Committee and the Labour Relations Committee have found Gina management guilty of violating Gina workers' human and labor rights. Tell the owners of Gina Form -- Clover Garment -- that it’s time for them to put a stop to the anti-union campaign at Gina Form and recommence collective bargaining negotiations with the GRWU. To demonstrate that they are serious about respecting workers rights, they must enter into good faith negotiations with the GRWU, the union that legitimately represents the interests of Gina Form workers.

Gerald Lau
CEO
Clover Group International Ltd.
Block A-H, 11th Floor
Ka Ming Court
690 Castle Peak Road
Kowloon, Hong Kong

E-mail: g_lau@clover.com.hk

2. Pressure Victoria’s Secret, K-mart and Boutique Jacob to take positive action

So far, these three Gina Form clients have not responded to inquiries and requests to take positive action in this matter. Victoria's Secret (owned by the Limited Brands) is reportedly one of the largest buyers at Gina therefore if you only have time to contact one company today, we urge you to contact Victoria’s Secret.

Tell them to insist that Gina Form management enter into good faith negotiations with the GRWU, withdraw any outstanding charges lodged against union members, and to stop using the threat of cessation of orders as a means of intimidating union supporters. Tell the companies that you are concerned that Gina Form management is misusing article 75 of the Labor Protection Act to put much of the workforce on leave with half-pay. Remind them that the Gina Relation Workers Union opposes the article 75 leave. Because these companies have top level responsibility for the respect of workers rights where their goods are produced, request that they take IMMEDIATE action in this serious matter and communicate this to the union, and the organizations concerned in Thailand and internationally. Ask them to publicly declare their intent to continue placing orders with the Gina factory, and communicate that message in writing to Gina workers and management.

Contact info:

Grace A. Nichols
President and CEO
Victoria's Secret
4 Limited Pkwy. East
Reynoldsburg, OH 43068, USA
Phone: 614-577-7000
Fax: +1 614-577-7047
(Note: this company is owned by the Limited Brands)

Leslie H. Wexner
Chairman, President and CEO
Limited Brands
3 Limited Pkwy.
Columbus, OH 43230
USA
Phone: 614-415-8000
Fax:+1 614-415-7278

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

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

3. contact La Senza (Canada) and tell them not to cut and run:

In Canada the Maquila Solidarity Network (MSN) has been pressuring Canadian retailer La Senza not to cut its orders with the Gina Form Bra factory. La Senza claims it is cutting off the factory because of May Day protests staged by MSN members and supporters in four Canadian cities. (For more information on MSN’s activities in relation to La Senza and Gina Form, please see the MSN website < www.maquilasolidarity.org>.

Gina workers report they finished the last La Senza order at the end of April, days before May Day protests took place. La Senza is clearly trying to use the protests to justify its irresponsible cut-and-run tactics. La Senza claims there are no worker rights violations in the factory, and that the problems are the result of a dispute between two unions. This is a crucial moment to pressure La Senza to reverse its decision to cut and run from its responsibilities, to immediately resume orders with the Gina Form factory, and to work with other buyers to help clean up ongoing worker rights violations. Write to La Senza and tell them that pulling out of the Gina Form factory is not the solution. Urge La Senza to resume production orders with the Gina Form factory, and work with other buyers to pressure Gina management to end its antiunion campaign immediately and reinstate fired and laid off union members.

Please fax or e-mail letters to:
Lawrence Lewin, President
La Senza Inc.
Fax: 514-684-4770
E-mail: swilkinson@lasenza.com

Sample letter courtesy MSN -- please adapt and send to La Senza today

Lawrence Lewin, President
La Senza Inc.
1604 Boulevard St-Regis
Dorval, Quebec, CANADA
H9P 1H6

Dear Mr. Lewin:
I have received disturbing news that your company has decided to stop placing orders with the Gina Form Bra factory in Bangkok, Thailand. This is not a solution to the problems at the factory. Leaving Gina Form at this time will only further punish workers who continue to face management harassment and have been trying to resolve their grievances in a proper manner. What assurances do your customers have that you will not shift production to another factory with similar or worse labor practices?

Rather than cutting and running from your responsibilities, I urge you to reconsider your decision and immediately resume orders with the factory. I also ask you to work with other buyers to pressure Gina Form management to comply with the decisions of the Thai National Human Rights Committee and the Labour Relations Committee, two institutions which have found that the employer's actions against workers constitute a violation of national law and international human rights covenants. Moreover, management's recent creation of a company union, forcing workers to join that organization, is yet another violation of the workers' right to freedom of association. Management is using this well-known union-busting tactic to undermine the legitimacy of the Gina Relation Worker Union. .

I look forward to receiving information on the positive steps La Senza will be taking to help clean up worker rights violations in the Gina Form Bra factory. Please do not abandon these workers.

Sincerely,

4. Contact Gap and ask for their continued action on this case

In the past six months that an international coalition of labor rights organizations has been active on the Gina Form case, Gap has responded to requests to take action in this matter. Thank them for the action that they have taken, but request that they continue to pressure Gina Form management and Clover Garment to respect workers rights. Inform them about your concerns regarding the diversion of orders from Gina Form, the misuse of Article 75 (see above) to temporarily layoff Gina Form workers, and the ongoing harassment of GRWU members.

Contact info:

Sean Ansett
2 Folsom St.
San Francisco, CA 94105
United States
Fax: +1 415-427-6620
E-mail: sean_ansett@gap.com

5. Please send copies of your letters and responses to the GRWU

Gina Relation Worker Union
9/261 Moo Ban Sangtham
Rattanakosin Road
Sub-Distruct Or Ngern
District Saimai
Bangkok 10220
Thailand

Tel/fax: 662-973-0620