On
January 17 a
In
June the CAB rejected the workers petitions for what’s called a registro
of their union. The workers appealed and were rejected again.
Finally, another appeal to the Tribunal
Superior recognized that their union was indeed legitimate.
Negotiations
– at long last
That
same day the Lajat workers, their lawyer Federico O’Reilly and CJM
representatives met with the Oscar Gonzalez, President of Lajat and Javier
Lara, Corporate Director, to inform them about the union recognition and to
demand the workers’ reinstatement.
The
workers told them that they knew that
O”Reilly,
the workers’ lawyer argued that if that is so, then Lajat must follow the
legal process established in labor law for layoffs due to lack of work and
pay 120 days of severance rather than 90 days which Lajat was offering. Of
course, Lajat would rather pay severance than be forced to recognize the
union.
CJM
representatives demanded that Lajat abolish its unconstitutional black list
of the workers and said Lajat has two choices: 1) Reinstate the workers and
recognize the independent union. If they were to do this CJM would help
Lajat establish a new image as a responsible producer which respected human
rights rather than a sweatshop, or 2) Don’t reinstate the workers and
continue to be seen as a union buster which closes plants to avoid
respecting the law and human rights, and a gross violator of Levi’s Code
of Conduct.
Lara
denied there was a black list and said they’d pay severance. Lawyer
O’Reilley told them that the severance pay owed includes back pay until
January 4th and amounts to 4 million pesos (about US $400,000).
In addition Lajat owes for workers’ health coverage and housing dues.
Gonzalez and Lara said they would calculate what’s owed themselves and
would bring an offer in “middle terms” in a couple of days.
When
CJM informed Levi’s Latin America Director that the workers had won the registro
for the independent union but that Lajat would not reinstate them
and that this violates both Mexican labor law and Levi’s Code, she replied
that she was glad that Lajat was talking to the workers.
Meeting
with the Governor’s representative
On
January 18th the Lajat workers and representatives of CJM, the
UNT from Mexico City, members of the Labor, Farmers, Popular, and Indigenous
Social Front of the Laguna Region met in Gomez Palacio with Felipe del
Rivero, a representative of the state governor demanding the removal of the
CAB President. They argued that the tribunal decision was proof that he had
sided with the company and its CTM union and did not act in accordance with
the labor law. Also they demanded reinstatement of the Lajat workers and
respect for their union as the only independent union in la Laguna Region.
The Lajat workers also told Del Rivero that they were black listed even at
the state jobs program. Their proof was that several of them had applied for
this program but were told by the secretary that they were blacklisted
because of Lajat problem. Del Rivero said he would investigate the
black lists on the state job program.
Next
steps
It
is urgent that CJM members keep sending letters to Levi’s demanding the
workers‘ reinstatement and that Lajat recognize the workers’ independent
union, eliminate the black list and to respect labor law and Levi’s code
of conduct. [Sample letter below]
Also
send letters to the Governor of Durango demanding that the president of the
CAB respect the law by forcing Lajat to recognize the union and freezing
Lajat’s assets in the
Sample
letters
Michael
Kobori
Vice-President,
Global Code of Conduct
Levi
Strauss & Co.
Dear
Mr. Kobori:
We
learned that the Mexican Superior Tribunal decided in favor of the Lajat
workers’ independent union. However, Lajat is refusing to reinstate the
workers and recognize the independent union. This is another example of how
Lajat persistently violates both Mexican Labor Law and Levi’s Code of
Conduct. As US consumers, we asked you what is the meaning of your code of
conduct if
We
demand that Levi Strauss produce jeans in accordance with its Code and
internationally recognized labor rights and that it require Lajat to respect
the Mexican Labor Law by reinstating the workers and recognizing the
independent union.
Sincerely,
--------------------------------------------------------------------------------------------------------------------
Sr.
Contador Ismael Hernández Deraz
Gobernador
del Estado de Durango
Email:
parti@durango.gob.mx
Dear
Governor Hernandez:
We
are aware that the Superior Tribunal decided in favor of the Lajat workers
independent union. This is proof that the President of the CAB Javier
Cobarruvias sided with Lajat and the CTM official union when he denied the
workers’ petitions. Cobarrubias also never set the date to freeze the
assets of Lajat. Lajat is refusing to reinstate the workers and to recognize
the independent union. Furthermore, Lajat claims it does not have money to
pay legally mandated severance pay to the workers. This is another example
of Lajat’s Labor Law violations.
You
should intervene to guarantee that workers’ rights be respected, that
workers be reinstated, and that their independent union be recognized by
Lajat.
Sincerely,