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URGENT: Protest Toyota
From: Protest Toyota <Protest-Toyota@jca.apc.org>
Dear friends
We received the following 5 letters from TMPCWA (Toyota Motor Philippines Corp. Workers Association and YCW (Young Christian Workers). As Japanese workers and citizens, we are concerned about the behavior of the Japanese multinational company, Toyota Motor Philippines Corp..
Please send protest letters immediately to:
Mr. Takeshi Fukuda
President, Toyota Motor Philippines Corporation Fax No. (632)
8239704
Mr. Michinobu Sugata
Division Manager
Fax No. (632) 8246125
Mr. Katsumi Ohori
Manager, Import/Export Department
Fax No. (632) 8246125
Please send your solidarity message to: TMPCWA
c/o Phil.YCW
Tel/Fax No. (632) 5637173
Email: philycw@pacific.net.ph
Please send your copies to us:
Japan All Shipbuilding and Engineering Union Kanto regional Council
505 SAN-KOHPO 20-9 Toyookacho Tsurumi-ku, Yokohama-City 230-0062
JAPAN
Email: Protest-Toyota@jca.apc.org
April 9, 2001
On March 16,2001, Toyota Motors Philippines Corp - subsidiary of Toyota Japan and the Philippines number one car manufacturer - summarily dismissed its 290 and suspended more than 30 regular workers on grounds of their participation to the mass delegation at the hearing held at Dept. Of Labor & Employment (DOLE) on February 22 & 23, 2001. The following days, the number increased to 300. This number comprised more than half of the Toyota Motors Phils. Corp. Workers Association (TMPCWA) leaders and active members.
TMPCWA is the workers' union successfully established only after nine years of painstaking efforts and struggle. TMPCWA is an independent union, with YCW providing legal assistance and guidance. The dismissal came on the eve of DOLE Secretary, Patricia Sto. Tomas' Order re-affirming the Sec. Bienvenido Laguesma's decision certifying TMPCWA as the sole and exclusive bargaining agent and directing the Toyota management to negotiate a collective bargaining agreement (CBA) with the union.
Though stunned, the union's dismissed members peacefully picketed the company's manufacturing plants in Bicutan and Sta. Rosa, Laguna to dramatize their protest and to appeal for reinstatement whilst others continue their work. Several dialogues through the Labour Department was held but nothing was heard from the management except for another batch of termination. Then on March 23, the company unleashed another blow by not paying the union members' wages and deducted all the loans from the few workers who received their salary leaving them virtually nothing.
On March 28, 2000, defenseless and wary of another onslaught of mass termination aggravated by company's incessant refusal to recognize and talk to the union, inspite of the many DOLE's decision favouring the union, TMPCWA together with the rest of more than 900 rank-and-file workers was forced to declare a strike paralyzing both plants. Difficult and sacrifice-laden it may be, the strike is the only defense left to the workers. Ten years of workers' intense struggle underneath the glowing Toyota company claims of quality and service to the public have been too long. The workers -- between 20 and not more than 35 years old -- could no longer bear the burden of heavy workload whilst facing an insecure future in one of the world's largest multinational company. Many workers feel that at the age of 40, they will even have difficulty carrying themselves.
Why? Filipino workers at Toyota Motors Philippines Corp. (TMPC) are required to produce one car per 9 minutes -- making it (esp. its Bicutan plant) the most efficient and productive Toyota manual production plant in Asia. It (TMPC) is the only manual production in the region. Management claims that both plants give them a whooping P25 million gross income daily. TMPC is owned by 40% Japanese, with Mr. Takeshi Fukuda as President and 60% Filipino with Mr. George Ty of Metrobank -- the biggest shareholder -- Board Chairman and Dr. David Go, Division Manager.
The heavy work compounded by lack of benefits and unfair wages prompted the workers to organize a union a year after TMPC opened its production in 1990 However it was only in 1999, thru the present union leadership of Mr. ED Cubelo (President) that workers succeeded in their organizing.
Notwithstanding the stark workers' reality, the company remains deaf and hard-headed. Instead of heeding its workers' grievances, it busied itself in finding ways to make the strike illegal whence it absolutely know that it is legal. The union religiously followed all the requisites and processes required by law and at all times conduct their actions in peaceful way.
On April 04, at 12:00 midnight, the National Labour Relations Commission (NLRC) served the Temporary Restraining Order (TRO) that would armed the company to invoke free ingress and egress. Prior to the issuance of TRO, the management brought in scabs to demoralize strikers thru helicopters (Sta. Rosa) and back-door newly-built passageway in Bicutan.
On April 09, at 5:00 am while most strikers went home to visit the family, around 100 policemen and guards violently dispersed the picketline and forcibly took all the strike paraphernalia. Simultaneous to this, a busloads of scabs and management people were escorted inside the plant in an attempt to re-start the production. Parallel to this, the Toyota managent took in an offensive, first by threatening to pull-out their Philippine operations and at the same time desperately explaining that they they summarily dismissed the workers because they went on strike.
This is an absolute lie and they very well know that. The union remains firm in their resolved and vowed not to leave the picketline until the 300 workers are reinstated, the company recognize the union as certified by the Labour Department and they start the collective bargaining agreement (CBA) negotiation.
As the strikers said "We love our jobs! We feed our small children, siblings and unemployed parents from working here. We spent 8-10 years of our young lives working hard and in making Toyota Motors a leader in the industry. We feel we deserved to be treated fairly, humanely and live decently from hard work that we give. We don't desrve to be thrown out when we realize we have rights and when we find the time to exercise those rights. The Constitution guarantees the right to organize and to strike. Are we asking too much?
Philippine Young Christian Workers 1316 Perdigon Street, Paco,
Manila
Tel/Fax 563.71.73
email:philycw@pacific.net.ph
09 April 2001
February 27,2001
INTRODUCTION
Toyota Motor Philippines has been the number one and top selling car manufacturer for nine consecutive years since they started operation in the country.
And for more than ten years, Toyota managed to monopolized the biggest and lrgest sales.
But not only the market, the Toyota management has been consistent and effective in their anti-workers and anti-union policies that continuously 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 for their 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 unity among 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 the workers 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 hearings, harassment from the company, financial difficulty and psychological torture, the union was able to harvest the first good fruit of their labor 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 Toyota management 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 and to 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 charges against 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 the same 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 CBA negotiation.
But instead of giving in to the request, they filed again another labor case (Motion for Reconsideration) just to delay the negotiation and to demoralize 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 still pending 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 union and 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 to start 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 settle the issues (preventive mediation, dialogues, collective actions in the factory, all the possible labor cases) the company's stand remains and leaves the 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 hearing on the legality 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 to be 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 the Labor 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 just a formality.
In preparation for the strike, probably before the month ends or until the early period of March, the union conducted " strike vote" last February 15, 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 really supervisory 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 in support 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 finalizing all 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. No. 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
March 26,2001
Greetings.
Sorry for the delayed. Here are some updates about TMPCWA: They are still continuing their picket up to now ( 8th day already ), and unfortunately the Toyota management already dismissed illegally 291 workers and illegally suspended 30 workers.
Most of the union members whe were dismissed and those whe were not are already prepared to go on strike and they are just waiting for the right moment.
The union at present are continously doing a massive
education program for its members to prepare them on strike. The
management remains firm to its position and even vow to bring
the case up to the Supreme Court.
Thats all for now and thank you very much for you continued support to YCW?and TMPCWA.
In Solidarity,
March 28,2001
This is urgent message:
AFTER THE TWO WEEKS PICKET OF THE UNION AND AFTER EXHAUSTING ALL THE POSSIBLE MEANS TO SETTLE THE ISSUE AND DEMANDS OF THE WORKERS AND RECEIVING NOTHING FROM THE COMPANY EXCEPT FOR THE CONTINOUS HARASSMENT, TMPCWA DECIDED TO START THE WORKERS STRIKE THIS MORNING AS THE ONLY POSSIBLE SOLUTION. AS OF LUNCH TIME ALL THE 578 UNION MEMBERS GOES ON STRIKE WITH THE HELP OF OTHER COMPANY EMPLOYEES WHO ALSO DID NOT GO TO THEIR WORK AND PARTICIPATED THE STRIKE IN
SUPORT OF THE UNIONS DEMAND...............PRODUCTION OF TOYOTA MOTORS ARE TOTALLY PARALYZED NOW................
We are expecting this to be long and more dangerous for the workers. In this regard, we shall count and hoping to your continued and untiring support (material, financial, moral, physical ) and any possible support you canextend.
Thank you very much.
In Solidarity,
Ronn Arago
Phil. YCW
April 2 ,2001
Dear Friends and Colleagues,
Solidarity greetings from the workers and union members of TMPCWA.
These are some of the new updates about their struggle after they staged the strike last March 28, 2001.
Since we started the strike and up to the present time, the union-TMPCWA were successful in paralyzing the production of the company..
In the desperate attempt of the management to continue the production and operation in inspite of the strike they did worked with a neighboring company ( Columbia Motors ). Columbia Motors agreed to break some parts of the wall separating the two company.
In this way, the Toyota workers especially those who are pro-management ( office workers ) and vehicles are using the Columbia Motors gate in entering the Toyota premises. Up to this time, those workers who went for work were required by the management to stay inside wherein the company provides the food and accomodation.
As this effort was not enough, they again negotiated and worked with two villages to allow them to create ways to enter Toyota. And then again the two villages agreed to break some parts of the concrete walls that separates them. Also, the workers saw last Friday night that they also using one electronic company at the back of Toyota in entering Toyota premises. All these things are in Bicutan plant.
At Sta. Rosa plant, they are using helicopter (chopper) in bringing the managers and supervisors inside the company. They used helicopters immediately after we staged the strike last Wednesday until Friday. In the unions effort to stop this, they made three big kites (guryon) to interrupt the helicopter in bringing these workers inside.
Also, the company since the start of the strike are using one of the executive village near Toyota to enter the company premises. This was possible because the president of the homeowners of that village is also one of the engineers at Toyota. They are also using one supermarket ( Walter Mart ) as pick-up point and using different vehicles for them not to be recognized by the union.
The union already stage a picket protest two times in front of the village to condemn their involvement with the company's continous effort to allow office workers enter the company.
The union already released two press releases to inform the public on what the Toyota management are really doing to the workers and union members and why the union was forced to go on strike. We also talked to some NGO's and other workers and church organizations to gather more support in all levels.
We are already in the sixth day of the strike, the union are facing now some difficulty on how to get the finance for the food and other strike expenses.
As we still uncertain on how long will our struggle last, we will be needing your continous support in any possible way you can.
Please also send protest letters to:
Mr. Takeshi Fukuda
President, Toyota Motor Philippines Corporation Fax No. (632)
8239704
Mr. Michinobu Sugata
Division Manager
Fax No. (632) 8246125
Mr. Katsumi Ohori
Manager, Import/Export Department
Fax No. (632) 8246125
Thats all for the meantime and we will be sending you more updates often times.
Thank you very much. Please send us also a copy of the letters you will be sending.
In Solidarity,
ED CUBELO RONN ARAGO
President National Team Member
TMPCWA Phil. YCW
Tel/Fax No. (632) 5637173
Email: philycw@pacific.net.ph
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