Dear Concerned Human Being:
On
and around June 16, 1998, local activists in a dozen or more U. S. cities will
hold demonstrations in solidarity with the Han Young workers! On very short notice, concerned citizens
like you have organized these events to show the Mexican government that the
Han Young workers are not alone in their just struggle.
The
Mexican government has tried to deny these workers their right to form an
independent, democratic union and their right to engage in lawful strike
activity. Corrupt officials have allowed fraudulent voters to participate in
union certification votes and in a strike vote. The Baja state government even issued an arrest warrant for two
representatives of the union.
For more
than a year, the Han Young workers have stood up to firings, threats, violence,
bribes and every illegal dirty trick in the book. They have remained strong and unified. And now, since they went
out on strike on May 22, there has been a renewed outpouring of international
solidarity.
HAN YOUNG CHRONOLOGY
JUNE, 1997 June 2: Han Young
workers refuse to enter workplace. Over‑riding
concerns involve health and safety.
Many suffer from toxic fume poisoning, burns and other injuries and loss
of vision due to absence of ventilation, faulty equipment and lack of
protective gear. June 4: Workers return to factory after management agrees to
discuss demands and recognize executive committee of independent union. 90 percent of workers have signed to form
union affiliated with STIMAHCS, part of FAT independent union federation.
JULY, 1997 Management hires union busting consultant who institutes campaign
of disinformation, intimidation and firing of union supporters.
AUGUST, 1997
Factory hires 20 workers from
Veracruz, offering them more than workers with 5 years seniority. (In practice, Han Young soon starts cheating
on their wages.) U.S. unionists and
activists demonstrate on three separate occasions outside headquarters of
Hyundai Precision America in San Diego to protest repression against Han Young
workers. August 12: More firings of union activists. August 13: Plant manager physically attacks
union supporter.
SEPTEMBER, 1997 September 3: Labor
board refuses to set date for union certification election. September 10: Workers protest firings and intimidation by conducting all‑day
work stoppage. September 16: Fourth demonstration outside Hyundai
Precision America in San Diego. September 25: Bowing to international pressure and protests by workers,
labor board sets date for union certification vote. September 30: Han Young manager calls workers into his
office one by one, demanding that they sign paper indicating how they will
vote. Workers are told that they will
lose their jobs if they vote for independent union.
OCTOBER, 1997 Reps. Bonior, Gephardt, DeFazio and Sanders circulate sign‑on
letter to Hyundai Motors. October 2: Labor board president who scheduled union
vote forced to resign. October 6: First union certification election at
Han Young. Despite intimidation and
attempted fraud with busload of ineligible voters participating, majority votes
for independent union. October 6 ‑17:
Company fires more workers and announces that it will hire 50 more workers from
Veracruz and fire all union supporters .
October 22: Nationwide boycott
against Hyundai Motors begins. October 25:
Activists in 25 cities organize solidarity demonstrations.
NOVEMBER, 1997 Han Young is a focal point of Congressional debate over fast
track, which fails to garner sufficient support to pass. November 10: Labor board denies certification of STIMAHCS. November
20: Four Han Young workers fired for union activity begin hunger strike to
demand recognition of independent union .
International solidarity responds with demonstrations , call‑ins
and faxes. November 25: Due to anemia
and dehydration , one hunger striker is rushed to hospital. Remaining three continue their fast .
DECEMBER, 1997 Hunger strike continues. Fasters' health in peril. Fellow workers engage in sympathy work
stoppages. International protest grows
. December
1: Offices of group coordinating Tijuana support for the workers are broken
into and legal papers, membership rosters, computer disks and fax machine are
stolen . December 6: New York Times editorial supports Han Young workers'
right to independent union, says
Mexico's failure to abide by its own labor laws impedes expansion of free
trade. December 12: Workers, management and state government
reach agreement . December 13: With the press assembled , state
government representative refuses to sign agreement , providing no explanation
for abrupt reversal . December 16: In a second union certification election, STIMAHCS again receives
majority and is now granted official recognition. Hunger strike ends after nearly four weeks . December 20: Management and government
controlled unions begin new campaign of disinformation and obstructionism . December 22: Management won't sign over
contract to STIMAHCS .
JANUARY, 1998 International pressure shifts from Hyundai to Mexican federal
government because latter is emerging as main obstacle to recognition of
independent union. Government
officials, government unions and management continue to undermine January 14
agreement . January 5: Following
two-week holiday closure, Han Young reopens,
with workers who have been illegally fired for union activity reinstated
full back pay. Management still refuses
to recognize independent union and pushes for third union certification
election. January 14: After
intervention by Mexican federal government , management signs agreement
recognizing independent union. January 10: Management threatens factory
closure if independent union is installed.
FEBRUARY, 1998 Representative of
government union installs himself as " Human Resources Director" at
factory, escalates repressive atmosphere.
Growing concerns about health and safety: Workers are standing in pools of water using faulty electrical
equipment held together with tape;
faulty crane drops chassis, injuring worker. Management steps up pressure on union supporters and brings in
more replacement workers from Vera Cruz. Workers engage in protest
stoppages. February 7 : Activists in
several cities organize solidarity demonstrations . February 18: Han Young violations of freedom of association and
failure to enforce health and safety regulations are subject of hearing before
National Administrative Office. A
number of Han Young's Veracruz workers testify that they were brought to
Tijuana under false pretenses and are , in effect , being forced to remain
there against their will .
APRIL,
1998 More union supporters fired.
More life‑threatening incidents in which faulty cranes drop tons of
metal. Company recruiters seek more
replacement workers from Vera Cruz .
Management states that it intends to close factory . Information comes
to light that Hyundai buried 260,000 tons of toxic waste next door to local
community from1991to 1994. Hyundai Precision America' s parent organization,
Korean‑based Hyundai Group is under mounting financial pressure as Korean
economy suffers from Asian currency crisis.
April 18: Activists in several cities demonstrate
in solidarity with Han Young workers .
MAY, 1998 May 19: Han Young management announces refusal to negotiate
changes in contract , which runs only through May 21. May 21: Busload of
thugs arrives at factory on eve of scheduled strike . May 22: Han Young workers go on strike.
Production ceases. Thugs tear down strike banners. May 23: Management declares
strike "non ‑ existent." Labor board inspector backs up
patently false claim. May 26: Labor
board bows to workers' demand for new strike vote to establish whether majority
supports the strike. May 27: Labor board refuses to verify
voters' eligibility, allows more than 52 clearly fraudulent participants to
vote. Tally is 66 against strike and 59
for strike. May 28: Labor board
declares strike non‑existent. May 29: Third union certification
election held at Han Young. Even though
labor board allows more than 48 ineligible participants to vote for government
union, tally is 75‑65 in favor of
"October 6," an independent union registered to operate within
Baja. Mexican federal judge suspends
labor board decision nullifying strike, thus reinstating strike until June 18
review by higher court Rep. David Bonior issues statement that recent events at
Han Young "could have long‑term implications for U.S. trade
policy." May 30: Local newspaper carries statement by
government‑aligned union official characterizing Han Young workers as
tools of foreign interests seeking to derail investment in Mexico .
JUNE, 1998 June 3: Labor board
announces indefinite postponement of decision on third union certification
election. In blatant violation of
federal court order , police forcibly remove strike banners from factory and
impound two workers' cars . Warrants
issued for the arrest of lawyer and lead organizer for independent union on
unspecified charges . Union officials go into hiding . Workers issue statement appealing for "national and international solidarity
to unite in support of our just struggle." Emergency strike fund established . June 4: $1,000 bond paid to
suspend action on arrest warrants but officials of independent union still wary
, given recent blatant violations of Mexican law and federal court
decision. Representatives of U.S.
solidarity organizations plan long-term strategy for Han Young campaign and
issue call for national day of action on June 16. Independent labor
organizations hold press conferences in Mexico City and Mexicali (capital of
Baja) in support of Han Young workers. June
5: Solidarity delegation goes to
Mexican consulate in San Francisco with letter to Zedillo signed by
representatives of more than 300 unions and other organizations around the
world .
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
STATEMENT
BY HAN YOUNG WORKED ( excerpts )
We , the workers of Han Young, currently are victims
of repression and constant harassment by the state government .
The local labor board allowed people hired by a
representative of the CROC { government ‑ controlled union} and the company to participate in a strike
vote, constituting a ''majority '' for the company [against a strike]. The labor board refused to verify the votes
through soliciting employment records from the Mexican Social Security
Institute, even though only those workers hired before February I2 ‑
excluding administrative personnel ‑ had a right to vote .
The labor board ignored federal labor law, as did a
Labor and Social Welfare Department official who certified a bizarre
inspection, claiming that the strike banners were not put up precisely at the
approved hour (a few minutes before , a few minutes after). Without petitioning any of the parties
involved , the labor board on May 28 declared the strike ''non‑
existent." On the same day , we
filed an amparo { appeal with injunctive relief }, which was accepted by the
federal court's Fifth District judge, who suspended the labor board's decision.
Nevertheless, on Tuesday, June 2 the clerk of the
labor board came to the factory, accompanied by the special forces police [SWAT
team] and members of the security patrol and took down our strike banners, in
violation of our constitutional right to strike. When the clerk left, we reposted our banners based on our
constitutional right to strike and as recognized by the decision of the federal
judge.
At 3 PM [on June 2], a representative of the Baja
state government again removed our strike banners and threatened to bring
arrest warrants if we did not return to work.
Because the workers refused this order, the official ordered our legal
representatives Jose Angel Penaflor and Enrique Hernandez Felix to appear at a
meeting scheduled for 7 PM. We later were informed that there were warrants for
their arrest.
On Wednesday, June 3, taking advantage of the
absence of our legal representatives (who were under threat of arrest), the
labor board arrived with hundreds of special forces police and security forces
police , who removed the strike banners and dispersed the workers. They burned
the banners and impounded two of the workers' cars .
We demand:
* Recognition of the "October 6" Union of
Industrial and Commercial Workers
* A 35 percent wage increase
* Job categories with corresponding wage scales
based on seniority and experience
* Profit sharing (as mandated by Mexican labor law)
The state government does not hesitate to violate
our right to strike, using all the repressive apparatus of the police ‑
who are supposed to protect Mexican citizens and not the foreign corporation
owners as they have in this case . The
state governments protectionism of foreign investors in the maquiladora
industry [assembly factories for export] is obvious, as it tosses aside federal
labor law and the Mexican constitution, which provides for the right to
strike. In Baja California, labor
justice is a dead letter.
Because of all this, we call upon all labor and
social justice organizations to join in common purpose against this violation
of our Mexican laws, moreover against our sovereignty, through the complicity
of the government and leaders of the CROC, who sell protection contacts to block our legal rights.
We call for national and international solidarity to
unite in support of our just struggle for the defense of labor rights for
maquiladora workers.
Sincerely,
The strike committee of the Han Young workers ---
Armando Hernandez ---- Fernando Flores Cruz ---- Jaime Garcia Barron ---- Silvestre Rodriguez Reyes ---- Miguel
Angel Sanchez
and the Union for Labor and Community
Defense--Enrique Hernandez Felix
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
HAN YOUNG:
NAFTA TEST CASE (EXCERPTS)
HAL
SUTTON, UNION ACTIVIST IN ROCKFORD, ILLINOIS
THE TIME HAS COME TO STOP COMPLAINING ABOUT NAFTA
AND START DEMANDING EITHER POSITIVE RESULTS OR ITS ABROGATION . NAFTA'S
PROPONENTS CONTENDED THAT IT WOULD BENEFIT ALL LEVELS OF SOCIETY AMONG THE
PARTNERS IN THE TRADE BLOC . HOWEVER, NAFTA'S ONLY BENEFICIARIES HAVE
BEEN THE MULTI‑NATIONAL CORPORATIONS WHOSE PROFIT MARGINS HAVE SOARED AT
THE EXPENSE OF WORKING PEOPLE IN ALL THREE NATIONS ESPECIALLY MEXICO .
THE STRUGGLE OF THE WORKERS AT HAN YOUNG, IN TIJUANA,
TO BUILD AN INDEPENDENT UNION PROVIDES THE MOST GRAPHIC EXAMPLE OF THE TRUE
NATURE OF NAFTA. WORKERS AT THE FEEDER PLANT FOR HYUNDAI PRECISION
AMERICA HAVE BEEN CONFRONTED WITH SOME OF THE MOST EGREGIOUS CORPORATE AND
GOVERNMENTAL TREACHERY IN MODERN HISTORY.
HOWEVER, BOLSTERED BY AN INTERNATIONAL CAMPAIGN OF SOLIDARITY, THESE
WORKERS HAVE COURAGEOUSLY FOUGHT ON, AND STAND POISED TO WIN A BREAKTHROUGH
VICTORY IN MEXICO MAQUILADORAS.
THE STRUGGLE OF THE HAN YOUNG WORKERS PROVIDES A
CONFRONTATION THAT COULD MAKE OR BREAK NAFTA ITSELF IF THE U.S. LABOR
MOVEMENT IS ALERT TO THE OPPORTUNITY BEFORE US. IF WE MISS THIS HISTORIC OPPORTUNITY TO SETTLE ACCOUNTS WITH THE
RAPACIOUS MULTI‑NATIONAL CORPORATIONS AND THEIR SERVILE POLITICIANS WHO
HAVE DRIVEN THE NEGOTIATION, PASSAGE AND IMPLEMENTATION OF NAFTA, WE MAY
WELL PAY A TERRIBLE PRICE THAT COULD AFFECT MANY GENERATIONS OF WORKING PEOPLE
TO COME.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
MAY 29 STATEMENT BY REP. DAVID BONIOR (D ‑ MI)
Han Young management , the Tijuana labor board and
the Mexican government are engaged in a systematic effort to deny Han Young
workers their right to an independent union through harassment, intimidation
and fraud.
The right of workers to organize is a fundamental
democratic principle. That's why this is an important test for the Mexican
government. The workers at Han Young have voted twice by wide margins to
establish their own, independent union. This would be the first independent
union among the 2,700 maquiladora factories along the border .
In the last few days, Han Young management and
government officials appear to have broken Mexican law and engaged in blatant
voter fraud to crush the independent union. These actions could have long‑term
implications for U.S. trade policy. The United States has a moral obligation to
exercise leadership to ensure that our trading partners respect basic
democratic rights.
I met the Han Young workers in Mexico, and I am
impressed with their courage and commitment. They are asking for safe working
conditions, decent wages and a voice in their own future. They are true heroes in a much broader
struggle for justice.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following resolution was
passed by the (U.S.) National Network for Immigrant and Refugee Rights, which
held its national meeting June 6 and 7, 1998.
RESOLUTION
SUPPORTING THE WORKERS AT HAN YOUNG
Workers at the Tijuana factory of Han Young SA de
CV formed an independent union a year
ago, and since then have sought by every legal means to force the Conciliation
and Arbitration Board for Baja
California to grant their union the right to bargain and strike. Article 123 of
the Mexican Constitution and Mexico's
Federal Labor Law recognize that all Mexican workers have these rights and
requires that their employers respect them.
Through four elections and numerous work stoppages, Han Young workers have fought valiantly for
the implementation of those rights.
On May 22, they finally began the first legal strike by an independent union in the history of the
maquiladoras .
Instead of respecting those rights, the Tijuana labor board and other city and state
authorities have joined together with the maquiladora owners and
officials of government- affiliated unions to break that strike. Defying the orders of a Federal judge,
dozens of police removed and burned the workers' strike banners in the street
and opened the doors so that the company could bring in strikebreakers. Arrest warrants were issued for Enrique
Hernandez, organizer of the October 6 Union for Community and Labor Defense,
the union of Han Young workers, and for the union's attorney, Jose Penaflor.
The Mexican government is pursuing an economic
development policy of using low wages as an attraction for foreign investment. The U.S. government's free trade
policy and agreements like NAFTA and GATT require the Mexican government to
pursue a policy of creating conditions for foreign investment. Han Young workers are challenging those
policies openly and bravely. They are
fighting for the right of Mexican people to a life in Mexico which will not
force people to leave as an alternative to misery and starvation .
We, the 500
participants in the national conference of immigrant rights activists,
The Challenge for Human Rights:
Confronting Immigration Law Enforcement Today, therefore support the Han
Young workers in their struggle. We
call on the authorities in Tijuana to
stop their actions in breaking their strike and repressing the independent
union and its Ieaders. We call on
Mexican President Ernesto Zedilla to
overrule and stop the illegal actions of the labor board in Tijuana and of the
city's police and municipal authorities.
We condemn the actions of Han Young's owners and managers, and of the Hyundai Corporation
which contracts for all of the production in that plant. Hyundai must not continue to make enormous
profits from its sales in the U. S. market,
while crushing unions in its contract plants in Tijuana.
The problems of the workers at Han Young provide
ample demonstration that NAFTA protects the rights of investors to make profits
in Mexico, the U.S. and Canada, but has been a complete failure in protecting
the rights of workers to: freely form
unions and bargain, despite the promise that the treaty's labor side agreement
would do so. We therefore call on the
Clinton administration to halt its attempts to expand the NAFTA process, and instead to take steps to ensure
that the rights of Han Young workers are protected, along with those of all other workers in the three
countries. We particularly call on the
administration to communicate with the Mexican government, and urge it to take
the action to ensure that the Han Young workers' rights are respected.
Finally, we call on immigrant workers' rights
activists in the U.S. to take action to support the Han Young workers in any
way possible .
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
__________________________________________________________________________________________________________________________________
URGENT
APPEAL FOR WORKERS' STRIKE FUND !
June 3, 1998
Dear Friend,
I am writing to ask your urgently needed support for
the workers at the Han Young maquiladora and their families. These heroic workers went on strike Friday,
May 22. Company management refused to
negotiate a contract.
After a year of struggle and self‑sacrifice,
enduring constant harassment and abuse, death threats, physical violence, and a
28‑day hunger strike, the Han Young workers continue valiantly in their
fight for their union. Their solidarity and courage never cease to amaze me.
At the same time, the blatantly illegal efforts to
crush their movement continue to grow, using election fraud, intimidation by
pistol‑packing thugs, and government orders that defy Mexican labor law.
Against all odds ‑ despite concerted
government, government‑affiliated union and company attempts to destroy
their union and declare their strike illegal ‑ they have struggled
onward.
Last week the workers won a federal court order
suspending the local labor board's decision to declare their strike illegal.
They also achieved a majority in yet a third election over "protection
contract unionism." Clearly U.S.
and Asian based corporations will go to great lengths to continue with this
system whereby they pay government‑affiliated unions for
"contracts" that workers never see to block legitimate worker
representation.
Your expressions of solidarity have been a valuable
asset in our battle to forge a platform of international solidarity in favor of
the right to organize in Mexico's maquiladora sector. With your help and that of so many people and organizations
worldwide Mexican workers are breaking historic ground In their efforts to
improve their working conditions.
The outcome of this battle will set a critical
precedent in regard to the ability of workers to organize within the
maquiladora industry throughout Mexico.
We need your help now more than ever. Can you please contribute to the Han Young
Strike Family Solidarity Fund today?
Because the need for funds is so urgent we are asking contributors of
$50 or more to send your donations by electronic transfer if possible. Please call our office to make these
arrangements or send us a check today made payable to SCMW and earmarked for
"Strike Solidarity."
Thank you for your generosity in this time of urgent
need.
Mary Tong, Executive Director
Support Committee for Maquiladora Workers
Craftsmen Hall, 3909 Centre St., #210, San Diego, CA
92103; Phone: (619)542-0826; Fax: (619) 295‑5879; e‑mail: scmw@juno.com
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Please
write to President Zedillo and your representatives voicing support for the Han
Young Strikers
Copy of the Open Letter to
President Zedillo and/or a Sample letter of support of Han Young Strikers
June 12, 1998
Ernesto Zedillo
President of Mexico
Fax: 011‑525‑515‑5729
Dear President Zedillo:
We are writing to ask you to intervene in the long‑standing
struggle at Han Young in Tijuana, Baja California.
On May 15, a delegation which included
representatives of the federal government of Mexico visited Han Young
management. They also spoke with the workers. According to the workers, the
group's threatening tone suggested strongly that they gave management an
ultimatum not to negotiate with the independent union if it wants to remain in
operation.
On December 16, the federal government facilitated
the certification of the independent union.
Although the agreements reached at that time appeared to provide a just
resolution to the conflict, management and local authorities soon began to
undermine the agreement, often in collusion with representatives of the CTM and
the CROC.
The behavior of the May 15 delegation to Han Young, which included federal representatives,
suggests that the Mexican government may be backtracking on its commitment to
uphold Mexican federal labor law.
We ask the Mexican federal government to take a
stand in favor of its own federal labor law and to ensure that these workers'
right to an independent union is upheld.
After such a lengthy struggle, for the plant to be forced to shut down
or sold ‑‑ as a pretext to force out the independent union ‑‑
would be a travesty against labor rights.
We are asking you to investigate what is going on at
Han Young and to take whatever steps are necessary to ensure that Mexico's
federal labor law is upheld.
Sincerely,
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
__________________________________________________________________________________________________________________________________
The situation at Han Young tells us why we should GET OFF THE FREE TRADE ROAD TO RUIN ! ! !
Three times the workers at a small factory near
Tijuana, Mexico have voted to be represented by the independent union of their
choice: October 6, 1997; December 16, 1997; and May 09, 1998.
And each time, management has refused to respect the
workers' choice; the Mexican government has violated its own labor laws; government‑controlled unions have
tried to muscle their way back into the factory.
Remember all those promises about NAFTA?
The Han Young workers can tell you what NAFTA is really about: Violence from paid thugs;
Indifference and corruption from Mexican government officials; Empty promises from Mexican President
Zedillo and U.S. President Clinton
The workers at Han Young have been struggling for
their rights since June 2, I997 ...more than a year! They are fighting for the right of all workers along Mexico' s
border with the U. S. who would like to bust loose from corrupt, government‑controlled
unions and be able to join democratic, independent unions ‑ real unions.
The Han Young workers are not alone. We are out here today to show our
solidarity. This is part of a national action. People in cities all across the country are participating in a
national day of action on and around June 16, demonstrating at Mexican
consulates and U.S. federal buildings.
We will stand with these workers until justice is won.
And we have learned the lessons of Han Young: Stop
the Free Trade Area of the Americas! ( NAFTA on steroids ) Stop fast track! Dump NAFTA!
For more
information, contact:
Campaign for Labor Rights at (541) 344‑5410
or email at: CLR@igc.apc.org
Today's
demonstration is sponsored by: Food Not Bombs‑Lincoln
If you want
information on how you can become more involved in this or other issues please
call
(402) 477‑1649
or write to: Food Not Bombs‑Lincoln PO Box 81343 Lincoln,
NE. 68501