UPDATE ON KUKDONG SITUATION #3
April 19, 2001

SITEKIM files for recognition with Local Labor Board

Earlier today, members of the Network for Labor Solidarity and Defense (Red de Solidaridad y Defensa Laboral) filed a petition for legal recognition on behalf of the Kukdong workers' union (SITEKIM). The Network is an organization of labor lawyers who provide advice to and represent workers from several unions in the state of Puebla, and five of its members are the legal representatives of SITEKIM.

It is likely that the CROC will have knowledge within this week of the filing, and may begin reprisals against the 28 workers who agreed to be listed as founding members of SITEKIM. These reprisals may include asking Kukdong to fire the workers under the "closed shop" clause of the Kukdong Collective Bargaining Contract. The allegation would be that they have ceased to be members of the CROC. However, the Supreme Court of Mexico has recently ruled "closed shop" clauses unconstitutional (see below), and the CROC cannot automatically exclude members from their union without going through an exhaustive process that requires the vote of 2/3 of their membership to approve the expulsion of members of the CROC. In this context, Kukdong has ample reasons to refuse to fire any workers by request of the CROC.

The Local Labor Board has 60 days to reply to the request, and cannot, by law, deny recognition if all legal requirements have been met. These requirements are:

a) that the union´s purpose is the improvement, defense and study of the interests of its members,
b) that the number of members of the union is not less than 20, and
c) that the appropriate documents be presented

All of these requirements have been met by SITEKIM.

Historical Ruling by Supreme Court advances freedom of association for Mexican workers.

On Tuesday, April 17, the Second Chamber of the Mexican Supreme Court ruled that "closed shop" or "exclusion" clauses in collective bargaining contracts are unconstitutional. The clause forces the employer to fire workers who resign or are expelled from the union holding the bargaining rights of the contract, and has been historically abused by unions to repress dissidence within the union and the workplace.

Amongst the grounds for the ruling were that the clause goes against the principle of freedom of association, and that the Mexican Constitution presents unionization as a right and not an obligation.

Workers continue to be locked out

Meanwhile, strike leader Santiago Perez continues to be locked out from Kukdong. The lockout against him is obviously for his leadership against the CROC, since at least two workers who participated in the strike were allowed back in on Monday, April 15. Santiago Perez will attempt to return to the factory for a third time on Monday, April 23.

Kukdong employee harasses independent union members

On Wednesday, April 11, Alberto Sedano, head of security at Kukdong, confiscated leaflets supporting SITEKIM from independent union leader Lucio Villanueva. While Federal Labor Law does not allow workers to promote the union during work hours, the confiscation occured during the lunch break. Mr. Sedano has been accused of assaulting independent union supporters on two occasions and of refusing to admit workers in conjunction with the CROC. Federal Labor Law prohibits the employer and its representatives from interfering in union affairs.

UPDATE ON KUKDONG SITUATION #2
April 11, 2001

As of yet, the workers at Kukdong have yet to see any trace of a commitment to respect of their rights to freedom of association. But as Holy Week vacations approach (April 12 through the 15), the situation at Kukdong has been calmer. The CROC has been largely absent, perhaps due to problems that have been erupting at other factories with FROC-CROC contracts.

Workers continue to be locked out

During the previous week, more workers attempting to return have been denied admittance at Kukdong, amongst them Martina Morales, a former line supervisor who, like most supervisors, played a leadership role in the work stoppage. Santiago Perez, one of the 5 leaders fired for opposing the CROC, continues to be denied employment. Despite the legally binding agreement of January 13 that should allow all workers to go back in without any specific conditions and Kukdong’s public statement on March 28 that all workers are being welcomed back, returning workers are told that the factory is at full capacity. New workers continue to be hired.

Some workers were told to “come back in a month” on March 25, so it is likely that many will attempt to return around Monday, April 23. An estimated 50% of the approximately 650 employees that participated in the work stoppage are back at work. 

Nike still needs to make a commitment to a free and fair election at Kukdong. Reebok needs to activate the commitment it expressed. Some concrete steps to comply with the demand of guaranteeing a fair climate would be the following:

1)  Kukdong must be advised to cease the practice of intimidating independent union leaders with the “trusted employee” status.
2)  Nike and Reebok need to commit (again) to guaranteeing compliance with the agreements that allow workers to go back into work.
3)  Nike needs to stop working with the CROC to undermine the independent union, and should put forth a public statement to the public and workers where it clarifies its ties to the CROC.
4)  Nike and Reebok must advise Kukdong to cease harassment of the independent union. Kukdong should remain neutral, allowing both unions equal opportunity to make announcements over the loudspeaker, distribute and post literature, and hold meetings during work hours.

The FROC-CROC runs into trouble at IMO

The FROC-CROC’s actions at Industrias Manufactureras de Oriente (IMO – Eastern Manufacturing Industries) are another example of the union’s practices. IMO is a small, 80-worker maquila that makes speakers and audio equipment for Volkswagen, Nissan and Ford. It is located outside the City of Puebla and has the exact same union as Kukdong. (The “Gral. Manuel Avila Camacho” union of miscellaneous trades). Most of the workers at IMO are women and half of them are single mothers.  About 40 employees at IMO had worked with temporary contracts for 3 or 4 years until on February 15 the factory stopped operating. They received severance checks for 5 pesos (50 US cents). When they went to cash them, the checks bounced.

Outraged, these approximately 40 employees joined the other 40 and went to the local labor board to find out what they could do about the plant closing. The labor board representative let them know that not only did they have a union, but also that the union had given notice of strike. The strike would have allowed the factory to take out the machinery and then flee without having to pay debts or severance to the workers, had the workers not found out.

On February 24, the workers decided to go ahead and strike and took control of the factory, demanding that the plant be reopened or that they receive a legal severance pay. Embarrassed, FROC-CROC leader Constantino Sanchez Juarez was forced to provide grudging support to the movement. Led by a Commission of 9 democratically elected workers, IMO continues on strike and a rotating worker guard continues to be camped by the factory gates. The workers are awaiting a ruling by the local labor board. The local labor board is apparently delaying the resolution in hopes that the workers will tire.

______________________

UPDATE ON KUKDONG SITUATION #1
April 4, 2001

With Nike’s full complacency, the CROC and Kukdong continue to create a climate in the factory that unfairly favors the CROC. While Nike contributed to the worker’s return after the strike, we have yet to see even the most basic commitment from Nike to respect the right to freedom of association. This despite the fact that Nike has been alerted of gross violations to the right to freedom of association repeatedly and by all parties who have observed the
situation. The current situation is a continuation of a consistent and systematic effort to deny workers the right to freedom of association that has persisted in Kukdong with Nike’s knowledge and passive approval since at least
March of 2000. While Reebok has expressed a commitment to a fair election, this commitment needs to materialize into a better climate.

Kukdong engages in union busting

Starting on Friday, March 30, Kukdong began taking dissenting worker leaders out of the union bargaining unit. Line and team supervisors, who are hired as
general assistants (not as supervisors) and have always paid union dues to the CROC, were told they would loose their position unless they signed papers where they accepted status as “trusted employees.” According to Article 9 of Federal Labor Law, trusted employees are white collar employees who perform direction, accounting, security and inspection tasks for the whole facility. While the
Kukdong employees do not carry out the tasks that would warrant their “trusted" status, they are being forbidden from participating in union activity. This can only be understood as an effort to undermine the independent union SITEKIM,
since many of the workers forced to sign themselves out of the bargaining unit were leaders of the movement.

Workers continue to be locked out 

Though an estimated 50% of the approximately 650 employees that participated in the work stoppage are back at work, several continue to be locked out. This despite the legally binding agreement of January 13 that should allow all
workers to go back in without any specific conditions, Kukdong’s public statement on March 28 that all workers are being welcomed back. Workers continue to be locked out for participating in the work stoppage opposing the CROC, again in violation of the right to freedom of association. Amogst the worekrs being denied admittance, is worker leader Santiago Perez, one of the five leaders whose firing prompted the strike.

Santiago’s family received phone threats and neighbors reported observing unfamiliar cars and people outisde his house, which prompted Santiago to temporarily flee his hometown. After his return, he has continually been denied employment, despite the fact that there is nobody qualified or willing to fill his position as inspection supervisor.

CROC continues to use Nike and Reebok to attack independent union efforts
amidst a climate that unfairly favors the CROC

The CROC has been distributing and posting flyers, as well as making announcements over the loudspeaker in which it claims that Nike and Reebok have continued production thanks to the CROC’s efforts. In these flyers and
announcements the CROC has hinted that efforts to gain recognition for an independent union would drive Nike and Reebok away. In letters to universities, Nike has stated that it is working with the CROC. The results are obvious.
The CROC has also freely distributed literature attacking the independent union SITEKIM and USAS. On at least one instance, CROC union representative Jose Luis Ruiz yelled at an employee who put one of these flyers down on a table instead of reading it. 

While CROC representatives are allowed to freely make announcements, post and distribute literature during work hours, and even harass workers for refusing their literature, SITEKIM members have been forbidden from doing any of this. A written warning was issued by Human Resources chief Hugo de la Pena on March 29 against SITEKIM Secretary General Marcela Muñoz for an alleged incident in
which she discussed the independent union with other workers during work hours. The two witnesses of this incident were security guards who were not even near
the site where the incident allegedly occurred. One of them, Alberto Sedano, has previously worked in concert with the CROC to deny returning workers employment and has physically assaulted workers on two documented occasions.

Nike still needs to make a commitment to a free and fair election at Kukdong. Reebok needs to activate the commitment it expressed. Some concrete steps to
comply with the demand of guaranteeing a fair climate would be the following:

1) Kukdong must be advised to cease the practice of intimidating independent
union leaders with the “trusted employee” status.
2) Nike and Reebok need to commit (again) to guaranteeing compliance with the agreements that allow workers to go back into work.
3) Nike needs to stop working with the CROC to undermine the independent union, and should put forth a public statement to the public and workers where it clarifies its ties to the CROC.
4) Nike and Reebok must advise Kukdong to cease harassement of the independent union. Kukdong should remain neutral, allowing both unions equal opportunity to make announcements over the loudspeaker, distribute and post literature, and hold meetings during work hours.

______________________

KUKDONG WORKER LEADER STILL LOCKED OUT  ***  
NIKE REMAINS IN VIOLATION OF UNIVERSITY LABOR CODES!
April 5, 2001

Three months ago, workers at Kukdong, a NIKE subcontracted factory in Puebla Mexico due to labor and human rights abuses occurring at this plant, including the illegal firing of union leaders.

NIKE HAS YET TO ADDRESS THIS PROBLEM!

SANTIAGO PEREZ, a union leader at Kukdong, continues to be denied re-entry to the plant. NIKE’s failure to allow the return of all workers illegally fired and to guarantee a free and fair election at Kukdong is in breach of ILO standards, FLA and WRC standards, University codes of conduct as well as NIKE’s own conduct standards in which they claim to respect workers freedom of association.

WORKERS AND STUDENTS WON’T ALLOW NIKE TO CONTINUE TO MOCK THESE STANDARDS!

On March 28th, Kukdong publicly stated that all workers are being welcomed back. But despite this, workers continue to be locked out for participating in the work stoppage opposing the CROC, again in violation of the right to freedom of association. Amongst the workers being denied admittance, is worker leader SANTIAGO PEREZ, one of the five leaders whose firing prompted the strike. Santiago’s family received phone threats and neighbors reported observing unfamiliar cars and people outisde his house, which prompted Santiago to temporarily flee his hometown. After his return, he has continually been denied employment, despite the fact that there is nobody qualified or willing to fill his position as inspection supervisor.

CONTACT NIKE AND KUKDONG TO DEMAND THAT THE FREEDOM OF ASSOCIATION BE RESPECTED AND INSURED AT KUKDONG!

Specifically:
1)  Kukdong must be advised to cease the practice of intimidating independent
union leaders with the “trusted employee” status.

2)  Nike and Reebok need to commit (again) to guaranteeing compliance with the agreements that allow workers to go back into work.

3)  Nike needs to stop working with the CROC to undermine the independent union, and should put forth a public statement to the public and workers where it clarifies its ties to the CROC.

4)  Nike and Reebok must advise Kukdong to cease harassement of the independent union. Kukdong should remain neutral, allowing both unions equal opportunity to make announcements over the loudspeaker, distribute and post literature, and hold meetings during work hours.

~ Contact: Dusty Kidd, Global Director for Labor Practices, Nike Corp., One Bowerman Drive, Beaverton, OR 97003. Phone: (503) 671-6453; Fax: (503)
532-0440; Email: Dusty.Kidd@nike.com.

~ Contact: Hoon Park, General Manager, Kukdong International Mexico, S.A. de
C.V. Retorno de los Continentes No. 38, Col. Rancho los Soles C.P. 74210, Atlixco, Puebla, Mexico. Phone: 011-52-2-446-1020-3; Fax: 011-52-2-446-1024;
Email: kukdong@avante.net.mx