|
Action needed to support union at Workwear Lanka
29-march 2004
Dear friends,
Please find below a request for action in a case of union repression
at a Sri Lankan factory producing gloves for North American and
European brands. Union members have been facing ongoing harassment,
demotion and dismissal in response to their organizing efforts.
Please take a few minutes to send letters of concern in relation
to this urgent matter; sample letters are provided below. For
any additional information on this case, please contact the Free
Trade Zones & General Services Employees Union (FTZGSEU) at
ftzunion@diamond.lanka.net.
The Free Trade Zones & General Services Employees Union
(formally Free Trade Zones Workers Union) requests immediate support
following the dismissal of union members at the Workwear Lanka
(Pvt) Ltd, in Sri Lanka.
The factory, located in the Biyagama Free Trade Zone (opened
in 1995) produces various types of rubber-coated gloves. Approximately
700 workers are employed in the factory; 60% of the workers are
women. Workwear Lanka (Pvt) Ltd produces gloves for IAB Industries
Lindarbeitsschu (Germany), Midas Safety Inc. (Canada), Shelby
Group (US), Main Glove (US), Fitzner (Germany), Interbar Gloves
(Spain), BM Polyco (UK), Mitane Textile (Japan), Cutters Gloves
(US), and Entrix Sports (Canada).
The company has five directors: one director from Tanzania, and
three from Pakistan. The managing director is Mustafa Mussa Kassam
Somji (Tanzanian), who is also a major shareholder in the company.
Anti-Union Campaign: Chronology of Events
Approximately 263 Workwear Lanka workers joined the FTZGSEU union
and formed a branch union at the factory in December 2003. Almost
immediately management launched an anti-union campaign.
The workers formed their union on Dec. 28, 2003. When they came
to work the following day management representatives asked about
the union, and requested that they resign from the union. On Dec.
30th and 31st management questioned each worker about their affiliation
to the union and asked that they resign. Management threatened
the workers with dismissal and possible closure of the factory
unless they resigned from the union.
On December 31st management sent letters to seven workers, including
the vice president, treasurer and committee member of the union,
and the other activists, charging them with instigating a strike
and causing loses to the company in relation to a work stoppage
that took place on Dec. 27 when work stopped from 9:30 a.m. until
1:30 p.m. in protest of the verbal abuse of an employee who had
inquired about management’s failure to pay workers’
their monthly salary.
On January 1st the union officially informed the company of the
formation of the branch union and the names of the office bearers
and committee members. The next day management continued harassment
and intimidation of the union members. When the branch union president
and four committee members reported for work, they were denied
entry to the factory and not permitted to work
On January 4th the union requested a meeting with management
to discuss the anti-union harassment and intimidation and also
filed a complaint with the minister of employment and labour and
the commissioner general of labour requesting their intervention
in this matter. The next day the commissioner general of labour
requested that union and management representatives meet with
him on January 12 to discuss the situation.
On January 8th the company issued a charge sheet to the branch
union secretary stating that she had instigated the Dec. 27th
work stoppage and had caused the company to lose money. [Note:
a charge sheet is a written statement from management detailing
charges against the workers; workers are supposed to provide reasons
why they are not guilty of the charges. This is different from
a warning letter, which is issued after workers are found guilty
of those charges.] That same day several union members were demoted
because they refused to resign from the union. An additional 15
workers (not union members) were dismissed. Management justified
the layoffs by saying the workers were casual workers and no longer
needed.
On January 11th the union filed a second complaint with the Commissioner
General of Labour regarding the ongoing harassment of union members
and unfair labour practices, requesting that these issues be discussed
at the January 12th meeting. Management however did not show up
for the meeting on the 12th. Instead, management informed the
union officials that those facing various charges should plead
guilty, apologize in writing, and be prepared to face punishment
should they commit similar offences in the future. The workers
who received the letters wrote to management saying that they
would not plead guilty because they had not committed any acts
of misconduct.
On January 14 the union filed another complaint with the Commissioner
General of Labor regarding the ongoing anti-union campaign and
the dismissal of another 47 workers (not union members) under
the pretext that they were casual workers and they were no longer
needed.
On January 26 the Commissioner General of Labor informed the
union and the management that they should participate in a meeting
on February 9th to discuss the union victimization complaints.
Meanwhile, management maintained that there was no union and demanded
that they be provided with a list of members with their signatures.
The union contacted the Commissioner General of Labor to contest
management’s failure to recognize the union (cc’ing
management), but offered to provide a list of members with signatures
if management would reinstate the terminated workers and stop
their anti-union campaign.
On February 3rd management suspended the union’s officer
bearer, committee members and the activist who had been issued
charge sheets, claiming that they were unwilling to accept the
charges levelled against them.
On February 9th Workwear Lanka management again failed to attend
the meeting called by the commissioner general of labor. The union
president was demoted to floor sweeper and eventually resigned.
As of February 10th, approximately 100 workers have been dismissed
from Workwear Lanka on the grounds that they were casual workers
and their services were no longer needed, however this is clearly
an attempt by management to break the union. The workers, recruited
as contract/casual workers had worked from one month to one year,
and were sympathetic to the union because the union position was
that they should be permanent. Though management maintains that
these workers are no longer needed, management is currently recruiting
new workers through a manpower agency. Recently, management has
tried to use religious difference to create anti-union sentiment
among the workers.
According to the union, management’s actions qualify as
unfair labour practices under the provisions of Sri Lanka’s
Industrial Dispute (Amendment) Act. No. 56 of 1999. These anti-union
activities also violate ILO Conventions 87 and 98.
Union Demands
The union is demanding that Workwear Lanka (Pvt) Ltd. management
immediately stops all anti-union activities, specifically
1. Management must reinstate all the workers whose services have
been terminated;
2. Withdraw the suspension of union branch office-bearers, committee
members, and activists and call them back to work;
3. Cancel all transfers and demotion of the union members and
restore them to their earlier positions; and
4. Respect workers’ right to organise by preventing interference
with the conduct of the trade union’s activities.
ACTION REQUEST
-
Send letters of protest to Workwear
management
-
Contact the companies producing gloves
at Workwear Lanka
-
Send copies of all your protest letters
and any responses you receive to the Free Trade Zones &
General Services Employees Union ftzunion@diamond.lanka.net
1. Please take a
minute to send the sample letter below to Workwear management and
requesting that they stop their anti-union campaign and meet the
union’s demands. CC your letters to the Commissioner General
of Labour and the Board of Investment.
[Insert date]
Dear Mr. Mussa Kassam Somji,
I am contacting you with regard to the
anti-union campaign currently underway at your Workwear Lanka
facility. Workers are legally entitled to join the union of their
choosing and exercise their right to bargain collectively. As
managing director of Workwear Lanka you must ensure that these
rights are respected and see that no obstacles are created to
prevent workers from exercising such rights.
I understand that approximately 100 workers
have been fired (under the pretense of being casual laborers whose
services are no longer needed) because of their support for the
Free Trade Zone & General Services Employees Union (FTZGSEU).
This is unacceptable; the workers must be reinstated. Additionally,
those union office-holders, committee members, and activists who
have been placed on suspension must be called back to work. I
understand that some union members have been transferred and demoted
simply because they have attempted to participate in union activities.
These workers must be restored to their earlier positions.
I urge you to take steps to see that any
activities on the part of management that infringe upon the workers’
union rights come to an immediate halt. The right to freedom of
association and collective bargaining are among the most fundamental
of workers rights. The ongoing anti-union campaign at your facility
is an attempt to curtail those rights and must come to an end.
Such actions constitute unfair labour practices under the provisions
of Sri Lanka’s Industrial Dispute (Amendment) Act, No. 56
of 1999. I am disturbed to learn that recently company management
attempted to cause religious dissension with the aim of breaking
up the union. Such objectionable behaviour must also be stopped.
For your reference, I am also contacting the companies who have
chosen to produce their gloves at Workwear Lanka to inform them
of my concerns.
Please keep me updated on any measures
you take to correct the situation at Workwear Lanka.
Sincerely,
[insert name]
Contact information
Mustafa Mussa Kassam Somji
Managing Director
C/O Zakir Abdi
Workwear Lanka (Pvt) Ltd.
78. Biyagama Export Procesing Zone
Walgama, Malwana
Sri Lanka
Tel: 94-1-465362,465363,465365
Fax: 94-1-465364
E-mail: workwear@slt.lk,zakir.ww@lankasafety.com
Cc: Mahinda Madihahewa
Commissioner General of Labour
Labour Secretariat
Colombo 5
Sri Lanka
Tel. 94-11-2581998
Fax: 94-112581145
E-mail: cgldol@sltnet.lk
Arjuna Mahendran
Director General/Chairman
Board of Investment of Sri Lanka
P.O. Box 1768, World Trade Center
26th Floor, West Tower
Colombo 1
Sri Lanka
Tel: 94-11-3448880
Fax: 94-11-232795
E-mail: arjunnam@boi.gov.lk
2. Contact the
companies producing gloves at Workwear Lanka (see contact information
below) to ask them to push company management to respect workers’
right to join a union and request that they negotiate with the
union regarding the issues outlined above.
Sample Letter:
To Whom it May Concern:
It has been brought to my attention that
one of your Sri Lankan suppliers is engaged in activities that
violate workers union rights and Sri Lankan law. I encourage you
to investigate this matter immediately and urge your supplier
to come into compliance with the law.
According to reports from the Free Trade
Zone & General Services Employees Union (FTZGSEU), since a
branch union was set up in December 2003 at Workwear Lanka, your
supplier located in Sri Lanka’s Biyagama Export Processing
Zone, workers have been subject to an intense anti-union campaign.
Specifically, workers (approximately 100)
have been dismissed, demoted, transferred, and suspended because
of their union membership or sympathies. Workers have routinely
been pressured to resign from the union or face dismissal. Apparently
they have been told that the factory will close down if there
is a union. All these actions are clearly unacceptable. In addition
to violating International Labor Organization conventions 87 and
98, such actions on the part of Workwear Lanka management also
qualify as unfair labor practices under the provisions of Sri
Lanka’s Industrial Dispute (Amendment) Act. No. 56 of 1999.
Recently the company has attempted to cause religious dissension
with the aim of breaking up the union.
I urge you to contact your supplier today
to convey to them the importance of respecting workers rights
to free association and bargain collectively. I am NOT asking
you to cut your orders with this factory – that would only
punish the workers who are trying to exercise their legal rights.
Instead I hope that you will follow up on your responsibility
to support workers’ rights and work with management at Workwear
Lanka to see that they put a halt to any anti-union activities.
Thank you for considering these concerns.
Please keep me informed of any action you take on this serious
matter.
Sincerely,
[insert name]
Contact information for Workwear Lanka
clients:
IAB Reinraumprodukte und Arbeitsschutzbedarf
GmbH
Mr. Matzi, Executive Director
38122 Braunschweig
Germany
Tel: 0049 - 5312 - 848412
Fax: 0049 - 5312 - 2848440
MIDAS SAFETY INC.
255 Duncan Mills Road, Suite # 904
North York, Ontario M33 3H9
Canada
Tel.: 416-447-9040
Fax: 416-447-8694
E-mail: midas@midassafety.com
Website: http://www.midassafety.com/home_body.htm
SHELBY GROUP INTERNATIONAL
5321 East Shelby Drive
Memphis, Tennessee 38118
United States
Phone: +1-901-360-8928
Fax: +1-901-362- 9127
Website: http://www.shelbyhq.com/
MAGID GLOVE & SAFETY MANUFACTURING
CO.
2060 North Kolmar Avenue
Chicago, Illinois 60639
Chicago,
United States
E-mail: mail@magidglove.com
FITZNER
Director Wilhelm Fitzner
Arbeitsschutz, Schillerstraße 23
32361 Preußisch-Oldendorf
Germany
Tel.: 05742 - 93 03 - 0
Fax: 05742 - 93 03 - 60
E-mail: info@fitzner.de
www.fitzner.de
INTERBAR GLOVES S.L.
AV LOGROÑO, S/N,
26250 SANTO DOMINGO DE LA CALZADA (LA RIOJA)
Spain
Tel: +34-941340885
Fax: + 34 941 340 776
BM POLYCO LIMITED
Leslie Blustin
Joint Managing Director
Great Cambridge Industrial Estate
Lincoln Road
Enfield EN1 1SH, U.K.
Tel: 020 8443 9010
Fax: 020 8443 9011.
E-mail: info@polyco.co.uk
Website: http://www.superglove.co.uk
MITANE TEXTILE MANUFACTURING CO.LTD
8th Fl Rinkuerga Building 2-2
Rinku Ourai- Minami
Izumisano City
Osaka, 598-007
Japan
CUTTERS GLOVES
4515 N. 32nd Street
Phoenix, AZ 85018
United States
Tel.: 1-800-821-0231
ENTRIX SPORTS
612-500 Country Hills Bivd. NE, Suite 324
Calgary, Alberta T3K 5K3
Canada
Tel: 1-888-966-6565
|
