 Appeal
for action: Tarrant México Ajalpan
10 sept. 2003
Dear friends,
Please find below a report on an ongoing conflict regarding violations
of the right to organize at the U.S.-owned Tarrant México
– Ajalpan factory, which produces for such brands as Levi’s,
Tommy Hilfiger, The Limited and Ralph Lauren. After workers at
the factory took action to demand improved working conditions,
management fired hundreds of workers, including most of the leaders
of the newly formed union. The Mexican-based CAT (Centro de Apoyo
al Trabajador; workers organizing centre), supports the workers
and has requested international help. Please take action to push
Tarrant management, Tarrant clients and the local government to
ensure that workers’ rights are respected. Contact information
and sample letters are included below. Please send your letters
of concern today.
 143kb) Ajalpan
workers are demanding that companies sourcing at Tarrant publicly
cite the Worker
Rights Consortium (WRC) investigation report as evidence of
the rights violations.
- Case summary
- Call for action
-
Jan 2004, URGENT ACTION ALERT:
Mexican Labour Rights Activist Attacked and Brutally Beaten
Please find here an urgent call for action, concerning the
assault on a Mexican labour rights activist and coordinator
of the Human and Labour Rights Commission of the Tehuacan
Valley. They have recently defended the rights of hundreds
of workers who were unjustly fired from the Tarrant factory
– the case for which we have in the last months sent
around various appeals. It is much appreciated if you send
your letters of concern today. Many thanks in advance.
Read More >> | Take
action now! >>
CASE SUMMARY
On July 12th, workers at Tarrant México – Ajalpan,
who had in June gone on strike over various outstanding issues,
formed their own, independent union, SUITTAR, which received support
from 75% of the workers. Five of the union leaders were fired
on July 16th. As of August 22 over 220 Tarrant México –
Ajalpan workers have been illegally dismissed and only told that
this is because of a “personnel cutback due to a lack of
production.” News reports indicate that several hundred more
have also been discharged from the other seven Tarrant facilities
in Tehuacán.
 According
to Mexican Federal Labor Law, Chapter IV, workers must be given
the reason for their dismissal in writing and, in the case that
the dismissal is without just cause, workers are entitled to a
hefty severance payment or full reinstatement. Not having enough
work is not a legal reason for dismissing a worker with just cause.
If a company has a short-term economic need to temporarily lay
off workers, it first must prove so in writing to the JLCA (Local
Conciliation and Arbitration Board of Puebla) and then negotiate
an unemployment payment to the workers (because there is no unemployment
insurance in México). In the Ajalpan case, NONE of these
requirements have been met and therefore every dismissal is illegal.
 An
international appeal for help went out on July 25th, at first
picked up by U.S.-based support groups, who are closer to the
factory’s main market and clients. The Worker’s Rights
Consortium investigated the situation between August 20th and
25th. Because Ethical Trading Initiative (ETI)-member Levi Strauss
is involved, on August 26th the Clean Clothes Campaign-member
Central American Women’s Network (CAWN) filed a complaint
with the ETI. We expect the ETI to play a constructive role in
making sure that their member Levi Strauss complies with Mexican
law, their own code of conduct and the standards contained in
the ETI Base Code.
Tarrant has in the meantime re-registered the factory in another
name, apparently with the support of the state. It is believed
that Tarrant will use this name change or the temporary closure
of one or more of its facilities to attempt to avoid its responsibility
to the workers, avoid paying severance pay, and stop their independent
union movement. CAT reports that 80% of SUITTAR’s elected
leadership have been dismissed. If Tarrant succeeds with these
plans it will leave workers and their families destitute and will
be a huge setback to the struggle for independent trade unionism
in Mexico. SUITTAR has already filed a reinstatement demand that
the initial five dismissed workers be reinstated, and soon will
file another demand for the reinstallation of 33 more workers.
The workers have asked supporters to contact Tarrant Apparel Group
headquarters in Los Angeles, Tarrant México offices in
México City and the factory in Ajalpan to let the company
know in no uncertain terms that it must:
-
Obey Mexican law that guarantees employment security, prevents
illegal dismissals and ensures freedom of association.
-
Stop the illegal dismissals and reinstate all Tarrant workers
-
according to Federal Labor Law, Chapter IV.
-
Recognize SUITTAR as the only true worker representative
at the plant, get rid of the FROC-CROC union that the workers
have never even seen, and negotiate a collective bargaining
agreement with SUITTAR. The Mexican Constitution and Federal
Labor Law (Articles 357-359) grant the right to freely form
labor unions.
International pressure has already resulted in a victory for
the worker’s rights movement. At first, the JLCA Especial
2 in Puebla wanted to hear the case of the five dismissed union
leaders only on December 2nd. On August 27th, JCLA Secretary General
Jorge Ramos promised to look into the possibility of hearing the
case sooner. On September 4th, the JCLA agreed to move up the
hearing date to October 15th. Also, JLCA President Armando Toxqui
Quintero agreed to meet with SUITTAR and the CAT within the next
two weeks to insist that the JLCA enforce the Mexican laws that
Tarrant is violating, including recognizing the workers’
independent union and reinstalling the illegally dismissed workers.
Still, October 6th is the last date on which the JCLA can recognize
SUITTAR, so please write to urge them to:
-
Hold Tarrant México to the letter of the law and not
let the company cut and run and illegally dismiss workers.
-
Recognize SUITTAR’s independent union registration (registro)
petition filed on August 7 with 750 signatures from a work
force of 1,100 employees.
-
Prove that the supposed FROC-CROC union really exists at
the factory by showing us a copy of their supposed collective
bargaining agreement.
The workers have also called upon international supporters to
put pressure on Tarrant’s clients. So far, Levi Strauss has
done little to improve conditions for workers at its contract
facility. A promise was made to send an audit team (Verité)
to investigate. Though dates were set, this never happened. Now
Levi’s has indicated they might simply leave the factory.
This is completely unacceptable. Levi’s still has an important
role to play in improving conditions at Tarrant. Please get in
touch with Levi’s and urge them to:
-
Take responsibility for the fact that workers in Ajalpan
are producing Levi's products and their rights (and Levi's
code) are being violated;
-
Recognize the preliminary WRC study – i.e. accept that
violations of freedom of association have occurred and comply
with its recommendations.
-
Send in a team to follow up on the case (including the WRC
findings) with Tarrant management, workers and local government.
-
Make public that Tarrant is a violator of worker rights and
that they refused to cooperate with a third party investigation.
-
Contact other Tarrant customers (Limited, Tommy, Wal-Mart,
etc) and try to get them to cooperate on the above.
Tommy Hilfiger and Charming Shoppes (both currently producing
at Tarrant) and other clients haven’t responded to the worker’s/CAT’s
requests for action at all. Please contact these companies and
ask them to urge their supplier’s management to:
- Reinstate the workers and come into compliance with Mexican
Federal Labour Law, Chapter IV.
- Recognize SUITTAR as the only authentic representative of
Ajalpan workers, remove the FROC-CROC protection contract union
supposedly at the factory and, enter into collective bargaining
negotiations with SUITTAR, to address the various outstanding
issues at this facility.
Also, urge these companies to work together with the other companies
sourcing at Tarrant to press management to meet these demands.
CALL FOR ACTION
Please read our October 2003 update
and take action directly!
This info Please contact Tarrant Apparel
Group and Tarrant México:
Paul Guez, Chairman and Chief Executive
Officer
Tarrant Apparel Group
Office: 3151 E. Washington Blvd., Los Angeles, CA, USA 90023
Phone: (323) 780-8250
Fax: (323) 881-0379
E-mail: gerard.guez@tags.com
CC’s to:
Kamel Nacif, Major Stockholder
Corazon Reyes, PL México Director
Office: Edgar Allen Poe #231, Colonia Polanco, México,
D.F., México
CP 11550
Fax: (52) (55) 5255-1009
E-mail: kamel.nacif@tags.com,
corazon.reyes@tags.com
Gabriela Bringas, Administrator
Tarrant México – Ajalpan
Office: Carretera Tehuacán – Teotitlan, Km. 18
Ajalpan, Puebla, México CP 75910
Phone: (52) (236) 372-5000 Main line, (52) (236) 372-3042 Bringas’s
line
Fax: (52) (236) 372-3348
E-mail: tarrant.ajalpan@tags.com,
gabriela.bringas@tags.com
SAMPLE LETTER
Please adapt and send the following letter:
Dear Mr. Guez,
I have recently received information regarding the illegal dismissals
of hundreds of workers from the Tarrant México – Ajalpan
factory in Puebla, as well as reports that workers at this facility
are being prevented from exercising their legal right to free
association.
I am deeply troubled to learn that since
forming of an independent union (SUITTAR) on July 12th, up to
220 workers at this factory have been fired. Many of them include
leaders or members of this union, which is supported by 75% of
the Tarrant workers.
Apparently, a company-led “union”
already existed, called FROC-CROC. No proof of their representation
of the Tarrant workers can be found, nor of the collective bargaining
agreement that is supposed to be installed. The workers have never
consciously submitted to its membership. Therefore, management’s
claims that a workers union already is in place, are inaccurate.
I understand that you have re-registered
the factory in another name. I am concerned that this is an attempt
to avoid responsibility to the workers and stop the independent
union movement. Changing the company’s name or temporarily
closing one or more of its facilities, in order to bypass your
obligations to your employers is unacceptable and cannot be condoned.
Your company’s actions against its
workers, and in particular the leadership of the union, violate
Mexican labour laws (the right to organize), as well as fundamental
workers’ rights and constitute a human rights violation.
I believe that workers at Tarrant are entitled to be represented
by the union of their choosing, without intimidation or discrimination.
Also, harassment of workers, as well as forced labour, excessive
work hours, cases of child labour and bad working conditions have
been reported.
I fully support the workers in this matter
and urge you to immediately:
- Obey Mexican law that guarantees employment
security, prevents illegal dismissals and ensures freedom of
association.
- Stop the illegal dismissals and reinstate
all Tarrant workers according to Federal Labor Law, Chapter
IV.
- Recognize SUITTAR as the only true
worker representative at the plant, get rid of the FROC-CROC
union that the workers have never even seen, and negotiate a
collective bargaining agreement with SUITTAR. The Mexican Constitution
and Federal Labor Law (Articles 357-359) grant the right to
freely form labor unions.
For your information I am contacting the
companies that produce their garments at your facility (ex. Levi’s,
Tommy Hilfiger), as well as the governor and JLCA of Puebla to
share my concerns with them.
Thank you for your consideration. I hope
that you will take action as recommended above.
Sincerely,
[insert name/organization here]
Please contact the Governor and JLCA
of Puebla:
Melquíades Morales Flores, Governor
of the State of Puebla
Office: 14 Oriente, No. 1204, Colonia El Alto, Puebla, Puebla,
México
Phone: (52) (222) 213-8810
E-mail: http://www.puebla.gob.mx/gobierno/escribealgobernador.html
Lic. Armando Toxqui Quintero, President
Local Conciliation and Arbitration Board of Puebla
Office: 7 Norte 205, Colonia Centro, Puebla, Puebla, México
Phone: (52) (222) 232-2551
E-mail: armando.toxqui@puebla.gob.mx
SAMPLE LETTER
Please adapt and send the following letter:
Dear Governor Morales and Mr. Quintero,
I have recently received information regarding the illegal dismissals
of hundreds of workers from the Tarrant México – Ajalpan
factory in Puebla, as well as reports that workers at this facility
are being prevented from exercising their legal right to free
association.I am deeply troubled to learn that since forming of
an independent union (SUITTAR) on July 12th, up to 220 workers
at this factory have been fired. Many of them include leaders
or members of this union, which is supported by 75% of the Tarrant
workers.
SUITTAR has already filed a reinstallation
demand for the initial five dismissed union leaders, and will
shortly file another demand for the reinstallation of more workers.
Recently we are informed that you have moved up their hearing
date to October 15th. Many thanks for that gesture. Nevertheless,
October 6th is the last date on which the independent union can
be recognized by the JLCA. Please make it your priority to help
these mistreated workers, or recognize SUITTAR’s petition
for legal recognition so the union can negotiate the terms of
the workers’ reinstallation right away.
Apparently, a company-led “union”
already existed, called FROC-CROC. No proof of their representation
of the Tarrant workers can be found, nor of the collective bargaining
agreement that is supposed to be installed. The workers have never
consciously submitted to its membership. Therefore, Tarrant-management’s
claims that a workers union already is in place, are inaccurate.
I understand that management has re-registered
the factory in another name. I am concerned that this is an attempt
to avoid responsibility to the workers and stop the independent
union movement. Changing the company’s name or temporarily
closing one or more of its facilities, in order to bypass your
obligations to your employers is unacceptable and cannot be condoned.
The company’s actions against its
workers, and in particular the leadership of the union, violate
Mexican labour laws (the right to organize), as well as fundamental
workers’ rights and constitute a human rights violation.
I believe that workers at Tarrant are entitled to be represented
by the union of their choosing, without intimidation or discrimination.
Also, harassment of workers, as well as forced labour, excessive
work hours, cases of child labour and bad working conditions have
been reported.
I fully support the workers in this matter
and urge you to immediately:
- Hold Tarrant México to the letter
of the law and not let the company cut and run and illegally
dismiss workers.
- Recognize SUITTAR’s independent
union registration (registro) petition filed on August 7 with
750 signatures from a work force of 1,100 employees.
- Prove that the supposed FROC-CROC union
really exists at the factory by showing us a copy of their supposed
collective bargaining agreement.
For your information I am also contacting
the factory’s management and the companies that produce their
garments at your facility (ex. Levi’s, Tommy Hilfiger) to
share my concerns with them.
Thank you for your consideration. I hope
that you will take action as recommended above.
Sincerely,
[insert name/organization here]
Please contact Levi’s:
LEVI STRAUSS & CO
Robert Haas, President
Michael Kobori, Code of Conduct Department
Levi Strauss & Co.
Office: Levi’s Plaza, 1155 Battery Street, San
Francisco, CA, USA 94111
Phone: (415) 501-6000 or (800) USA-LEVI
Fax: (415) 501-7112
E-mail: rhaas@levi.com, mkobori@levi.com
SAMPLE LETTER
Please adapt and send the following letter:
Dear Mr. Haas,
I have recently received information regarding the illegal dismissals
of hundreds of workers from the Tarrant México – Ajalpan
factory in Puebla, as well as reports that workers at this facility
are being prevented from exercising their legal right to free
association.
I am deeply troubled to learn that since
forming of an independent union (SUITTAR) on July 12th, up to
220 workers at this factory have been fired. Many of them include
leaders or members of this union, which is supported by 75% of
the Tarrant workers.
Apparently, a company-led “union”
already existed, called FROC-CROC. No proof of their representation
of the Tarrant workers can be found, nor of the collective bargaining
agreement that is supposed to be installed. The workers have never
consciously submitted to its membership. Therefore, Tarrant-management’s
claims that a workers union already is in place, are inaccurate.
I understand that management has re-registered
the factory in another name. I am concerned that this is an attempt
to avoid responsibility to the workers and stop the independent
union movement. Changing the company’s name or temporarily
closing one or more of its facilities, in order to bypass obligations
to its employers is unacceptable and cannot be condoned.
The company’s actions against its
workers, and in particular the leadership of the union, violate
Mexican labour laws (the right to organize), as well as fundamental
workers’ rights and constitute a human rights violation.
I believe that workers at Tarrant are entitled to be represented
by the union of their choosing, without intimidation or discrimination.
Also, harassment of workers, as well as forced labour, excessive
work hours, cases of child labour and bad working conditions have
been reported.
So far, Levi Strauss has done little to
improve conditions for workers at its contract facility. A promise
was made to send an audit team (Verité) to investigate.
Though dates were set, this never happened. Now Levi’s has
indicated they might simply leave the factory. This is completely
unacceptable. Levi’s still has an important role to play
in improving conditions at Tarrant.
I fully support the workers in this matter
and urge you to act positively and immediately:
- Take responsibility for the fact that
workers in Ajalpan are producing Levi's products and their rights
(and Levi's code) are being violated;
- Recognize the preliminary WRC study
– i.e. accept that violations of freedom of association
have occurred and comply with its recommendations.
- Send in a team to follow up on the case
(including the WRC findings) with Tarrant management, workers
and local government.
- Make public that Tarrant is a violator
of worker rights and that they refused to cooperate with a third
party investigation.
- Contact other Tarrant customers (Limited,
Tommy, Wal-Mart, etc) and try to get them to cooperate on the
above.
For your information I am also contacting
the factory’s management, the governor and JLCA of Puebla
and the other companies sourcing at Tarrant to share my concerns
with them.
Thank you for your consideration. I hope
that you will take action as recommended above.
Sincerely,
[insert name/organization here]
Please contact the other companies producing
their garments at Tarrant:
TOMMY HILFIGER
Dave Dyer, Company President and CEO
Joel Horowitz, Chairman of the Board
Tommy Hilfiger, Honorary Chairman of the Board and Principal Designer
Office: 9/F Novel Industrial Building, 850-870 Lai Chi Kok Rd.,
Cheung
Sha Wan, Kowloon, Hong Kong
Phone: 852-2216-0668 (Hong Kong), 852-274-7798 (Hong Kong), (212)
840-8888 (New York)
Fax: 852-2312-1368 (Hong Kong), 852-2371-2928 (Hong Kong), (212)
548-1965 (New York)
E-mail: ddyer@tommy-usa.com,jhorowitz@tommy-usa.com,
thilfiger@tommy-usa.com
Code of Conduct Department: cbirchfield@tommyhilfiger.com
LIMITED BRANDS
Les Wexner, CEO and Chairman of the Board
Office: Three Limited Parkway, Columbus, OH, USA 43230
Phone: (614) 415-7000
Fax: (614) 415-5008
Samuel P. Fried, Company Attorney for Labor
Affairs
Office: PO Box 16000, Columbus, OH, USA 43216
Phone: (888) 884-7218
Fax: (614) 415-7188
E-mail: sfried@limitedbrands.com
Dorrit Bern, President, CEO and Chairman
of the Board
Office: 450 Winks Lane, Bensalem, PA, USA 19020
Phone: (215) 245-9100
Fax: (215) 638-6759
E-mail: dorrit.bern@charming.com
LERNER NEW YORK/NEW YORK & COMPANY
Richard Crystal, President and CEO
Office: 450 West 33rd Street, 5th floor, New York, NY, USA 10001
Phone: (877) 902-7525
The Bear Stearns Companies, Inc.
James Cayne, Chairman of the Board and CEO
Office: 383 Madison Avenue, New York, NY, USA 10179
Phone: (212) 272-2000
Fax: (212) 272-4785
E-mail: jcayne@bear.com
FEDERATED DEPARTMENT STORES, INC.
James Zimmerman, Chairman of the Board
Office: 7 West Seventh Street, Cincinnati, OH, USA 45202
Phone: (513) 579-7000
Fax: (212) 494-1838
E-mail: jzimmerman@fds.com
THE WET SEAL, INC .
Peter D. Whitford, CEO
Office: 26972 Burbank, Foothill Ranch, CA, USA 92610
Phone: (800) 735-7325
Fax: (949) 699-4825
E-mail: peter.whitford@wetseal.com
POLO RALPH LAUREN CORPORATION
Ralph Lauren, Chairman of the Board and CEO
Office: 650 Madison Avenue, New York, NY, USA 10022
Phone: (212) 318-7000
Fax: (212) 888-5780
SAMPLE LETTER
Please adapt and send the following letter:
Dear [insert name of company representative],
I have recently received information regarding
the illegal dismissals of hundreds of workers from the Tarrant
México – Ajalpan factory in Puebla, as well as reports
that workers at this facility are being prevented from exercising
their legal right to free association.I am deeply troubled to
learn that since forming of an independent union (SUITTAR) on
July 12th, up to 220 workers at this factory have been fired.
Many of them include leaders or members of this union, which is
supported by 75% of the Tarrant workers.
Apparently, a company-led “union”
already existed, called FROC-CROC. No proof of their representation
of the Tarrant workers can be found, nor of the collective bargaining
agreement that is supposed to be installed. The workers have never
consciously submitted to its membership. Therefore, Tarrant-management’s
claims that a workers union already is in place, are inaccurate.
I understand that management has re-registered
the factory in another name. I am concerned that this is an attempt
to avoid responsibility to the workers and stop the independent
union movement. Changing the company’s name or temporarily
closing one or more of its facilities, in order to bypass obligations
to its employers is unacceptable and cannot be condoned.
The company’s actions against its
workers, and in particular the leadership of the union, violate
Mexican labour laws (the right to organize), as well as fundamental
workers’ rights and constitute a human rights violation.
I believe that workers at Tarrant are entitled to be represented
by the union of their choosing, without intimidation or discrimination.
Also, harassment of workers, as well as forced labour, excessive
work hours, cases of child labour and bad working conditions have
been reported.
I fully support the workers in this matter
and ask you to immediately contact Tarrant management and urge
them to:
- Reinstate the workers and come into
compliance with Mexican Federal Labour Law, Chapter IV.
- Recognize SUITTAR as the only authentic
representative of Ajalpan workers, remove the FROC-CROC protection
contract union supposedly at the factory and, enter into collective
bargaining negotiations with SUITTAR, to address the various
outstanding issues at this facility.
For your information I am also contacting
the factory’s management, the governor and JLCA of Puebla
to share my concerns with them.
Thank you for your consideration. I hope
that you will take action as recommended above.
Sincerely,
[insert name/organization here]
Please send copies of your letters and
any response you receive to CAT:
Email: catpuebla@yahoo.com.mx
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