Subject: [cwj 148] Appeal from Toyota Motor Philippines Workers Association
From: Corporate Watch in Japanese <cwj@corpwatch.org>
Date: Wed, 04 Apr 2001 14:27:00 -0700
Seq: 148

APPEAL FOR SOLIDARITY

INTRODUCTION

Toyota Motor Philippines has been the number one and top 
selling car manufacturer for nine consecutive years since they 
started operation inthe country.

And for more than ten years, Toyota managed to monopolized the 
biggest and largest sales.

But not only the market, the Toyota management has been 
consistent and effective in their anti-workers and anti-union 
policies thatcontinuously stops and removed the workers right.

They would rather spend millions to prevent any attempt or to 
allow workers establish union in the company.

From these realities that they are facing, many workers and 
groups attempted to form union in order for them to create 
change and fight fortheir rights, but all of them failed.

But these failures and unsuccessful atempts did not in any 
rate stops them to continue but served as a great challenge 
for a more strong unityamong themselves.

BRIEF HISTORY OF THE UNIONS STRUGGLE:

It was year 1997, when the present unions - our union, TMPCWA 
or Toyota motor Philippines Workers Association started to 
organize again theworkers with the initiative of the present 
union president.

After the lengthy and tiring years of endless organizing, 
thousand pages of documents submitted to the Labor Department, 
almost everyday=earings, harassment from the company, 
financial difficulty and psychological torture, the union was 
able to harvest the first good fruit of theirlabor and 
struggle.

They had the certification election for the union last March 
8, 2000 with majority of the workers voted yes for the union.

In inspite of the fact that the union was certified as the 
sole and exclusive bargaining representative by the Labor 
Department, the Toyotamanagement still refuses to recognize 
the union and even strengthen their harassment to destroy the 
union up to the present time.

After the union won the certification election last March 8, 
2000, the company never stopped their effort to stop the union 
from developing andto make sure that the union will not have 
another round of victory.

They filed several labor cases against the union and even used 
other workers to file charges against the union. The union did 
file counter chargesagainst the management in which in many 
cases, the union won.

When the Labor Department issued its decision declaring the 
union - TMPCWA as the sole and exclusive bargaining 
representative and at thesame time ordering to start the 
process and negotiation for the collective Bargaining 
Agreement (CBA).

The union, immediately prepared and drafted the first CBA 
proposal and submitted to the management together with the 
request of first CBAnegotiation.

But instead of giving in to the request, they filed again 
another labor case (Motion for Reconsideration) just to delay 
the negotiation and to=emoralize the union members.

For the second time, the union requested again the management 
to start the negotiation process but still refuses saying that 
there is stillpending case on the legality of the union.

Maybe, the management are successful in delaying the CBA but 
their continuous effort to delay it only proved that they are 
really anti-workers.

The union did not consider the delay as failure but a great 
challenge and an opportunity to organize more for a more 
united and stronger unionand workers and in many ways heighten 
the morale of its members to be more committed and continue 
the struggle.

PRESENT SITUATION AND STRUGGLES

The union has been very cooperative and open for negotiations 
but the company did not heed the workers demand to recognize 
the union and tostart the CBA negotiations.

Due to company's continuous anti-workers practices and 
activities and refusal to bargain and after exhausting all the 
possible means to settlethe issues (preventive mediation, 
dialogues, collective actions in the factory, all the possible 
labor cases) the company's stand remains and leavesthe union 
no choice but to start the call for a strike.

The union filed its Notice of Strike (NOS) last month.

During the course of the hearing for the NOS, something fishy 
and unusual happened.

One of the labor arbiter from the Bureau of Labor Relations 
(BLR) informed the union that they will call for a special 
clarificatory =earing on thelegality of the union.

Even the undersecretary of the Labor Department who decided on 
the legality of the union are saying that there are some 
points and issues tobe clarified and reviewed in her previous 
decision.

But the union believed that for sure, the management has 
something to do with the special hearing and did "under the 
table" agreement with theLabor Department.

We also see that there is a possibility that the Labor 
Department will reverse its decision and will favor the 
management and the hearing is =usta formality.

In preparation for the strike, probably before the month ends 
or until the early period of March, the union conducted 
"strike vote" last February15, 2001 with more than majority of 
the members agreed and voted yes and showed readiness to go on 
strike.

But last February 22-23 during the special hearing, the union 
had another round of victory.

Some of the "challenged voters" that the company are using 
against the union, admitted during the cross examination that 
they are reallysupervisory employees and could not be part of 
the union which represent only the rank and file workers.

They also admitted that the affidavits they submitted were all 
ready made by the company's law firm and not their own sworn 
statements.
 
They also admitted that they were required by the management 
to attend the hearing and not with their own decision.

Also during the two days hearing, the union walked-out from 
their work with some 400 members participated and attended the 
mass delegation insupport to the on-going hearing at the Labor 
Department.

The union together with the YCW are now intensively preparing 
for this action organizationally, politically, financially and 
at the stage of =inalizingall the details including the 
security of the workers.

OUR APPEAL

In light of the above, we are therefore, appealing for your 
generous support and assistance, financial, material, and 
moral to sustain this struggle.

This is going to be long and dangerous for the workers.

Definitely, your assistance and support would help a lot to 
ease the workers burden and heighten their morale.

Please send your solidarity messages to TMPCWA, c/o YCW.

Please send financial support to:

Young Christian Workers of the Philippines Acct.

 1.3064-0099-81 Bank of the Philippine Island Taft Avenue Branch, Manila

Please circulate this letter to your network, friends and 
allies.

We will appreciate and feel grateful for your prompt and 
positive response.

Thank you very much and we look forward to your positive 
response.

Yours in Solidarity,

SGD. ED CUBELO Union President TMPCWA

SGD. ARNOLD ABILA National President Phil.YCW

-------------------------------------
Corporate Watch in Japanese
Transnational Resource and Action Center (TRAC)
P.O. Box 29344
San Francisco, CA 94129 USA
Tel: 1-415-561-6472
Fax: 1-415-561-6493
Email: cwj@corpwatch.org
URL:  http://www.corpwatch-jp.org
-------------------------------------
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