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 .

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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

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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.

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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.

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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 .

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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

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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,

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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