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Protest Toyota Campaign

Newsletter No.3

April 24, 2002

More than a half year had passed since we sent you the last newsletter in September 2001. The Toyota Motor's persecution on the Toyota Motor Philippines Corporation Workers Association (TMPCWA) has been raging and in fact had become worse since we last sent you the newsletter.

In response to the criminal complaint filed by the Toyota Motor Philippines Corporation (TMPC) against the 25 union members dismissed by the corporation, the Fiscals Office decided in March 2002 to prosecute them for grave coercion. The office alleged that those union members looked at the management of TMPC in a threatening manner and shouted invective words, when the management tried to enter the company's premises during the strike.

In spite of such a disadvantageous situation, TMPCWA has been continuing to fight for their justice, and its solidarity movement in Japan has been strengthened. We would like to inform our readers of the latest development of the TMPC labor dispute, after explaining about its brief background for new readers.

What is the TMPC's Labor Dispute ?

In 1998, TMPCWA registered itself at the Department of Labor and Employment (DOLE) of the Philippines. Until they won in the certification election in March 2000, they faced a series of law suits almost for two years. After the successful election, TMPCWA was recognized by DOLE as an exclusive bargaining union representing rank-and-file workers, which provide them with a right to negotiate a Collective Bargaining Agreement with the management of TMPC. In reaction to the unfavorable result of the certification election, TMPC filed another complaint against the union, by consulting able lawyers. As a result, a hearing was held on 22 and 23 February 2001 by DOLE where some employees testified on behalf of the management. Taking the hearing as a critical stage of the struggle, TMPCWA mobilized 317 members in front of the DOLE building to bring their demands.

While DOLE announced its decision in favor of TMPCWA by dismissing the complaint filed by TMPC on 16 March, on the very same day TMPC dismissed most of the workers who joined the mobilization. Faced with the management's attitude that made no improvement, on 28 March, TMPCWA went on strike for repealing the dismissal. The strike staged by 700 workers, including 500 TMPCWA members, stopped the production of the two plants for two weeks, until DOLE Secretary intervened.

The labor dispute of TMPC has been more politicized. The management of TMPC, in collaboration with other Japanese transnational corporations that have plants in the Philippines, put a pressure on the President and other high officials of the government, by suggesting their intention to withdraw from the country unless the government arbitrates labor disputes for quick resolution in their favor.

Because of this pressure from the Japanese investors, the DOLE Secretary intervened in the labor dispute by ordering the striking workers to return to work. In the Philippines, Return To Work Orders by DOLE Secretary must be followed, otherwise workers are considered legally dismissed.

Intensified Persecution

In the past year, the Philippine Government, succumbed to the pressure of Toyota, made unfavorable decisions for the union ,one after another. In August 2001, the National Labor Relations Commission, an agency attached to DOLE, ruled that a protesting activity by the union was illegal. Right after that decision, TMPC dismissed 233 employees, including all of the TMPCWA officers. In September, TMPC file three criminal cases against the members as mentioned in the beginning. In addition to the question over the legality of the certification election of the union, the TMPCWA has been facing another series of lawsuits.

In early January 2002, the management requested all the employees to vote for a ratification election, for the newly formed Labor Management Council (LMC), consisted of supervisory employees and rank-and-file workers. Opposing this move, TMPCWA organized a campaign to boycott the ratification, by distributing leaflets to the workers. This campaign was supported by one third of the total employees, judging from the result of the ratification. Anyway this Council was approved. It means that a pro-management union was virtually organized. The management continued to threaten the workers who boycotted the ratification and voted for No in the ratification.

In March, the Fiscals Office prosecuted the illegally dismissed union members in three cases. Supporters both in the Philippines and Japan have been trying to raise money for the bail of 25 members charged by the Fiscals Office in order to avoid their detention.

In spite of such hardship, TMPCWA is consistently protesting against the management of Toyota and the government. While many of the dismissed refused to receive the retirement pay even in their financial difficulties, members of the TMPCWA who still work in the plants continue their activities notwithstanding the harassment.

Labor Dispute beyond the Border

In response to the struggle of TMPCWA, the solidarity movement has been forged in Japan. In April 2001, Mr. Ed Cubelo, President of TMPCWA, visited Japan and joined the protest rally and the negotiation at the Headquarter of Toyota Motor Corporation in Tokyo, together with 150 supporters from different organizations in Japan. From July to August in 2001, a group of 13 Japanese workers and citizens visited the Philippines and staged protest actions in front of TMPC and Japanese Embassy in Manila, together with the members of TMPCWA. (Please see Newsletter No.2).

In October, Support Groups for TMPCWA was organized by Japanese workers and citizens. The group published pamphlets on this dispute and distributed 2000 copies.

Mr. Ed Cubelo and two other members of the union visited Japan again in November 2001. They participated in the protest rally held in front of the Tokyo Headquarter where 250 supporters joined. They also joined the rally in front of the Toyota Head Office, located in Toyota City, together with 50 supporters coming from different parts of Japan.

In taking strict precautions, the Toyota management deployed the employees and security guards all around the Head Office building and every corner of the streets within a radius of 200 meters from the office. While the Toyota management refused to meet TMPCWA earlier, they were compelled to accept the meeting facing anger of the workers from the Philippines and Japan. It's been 50 years since a protest action was made last against the Toyota Headquarters over the dismissal, and it's been 20 years since a protest rally was organized last within the premises of Toyota Head Office. A participant said that Japanese workers also have been empowered by this struggle.

The Toyota management and the supporters of TMPCWA met in Japan for four times already. However, Toyota officials have not shown any concrete answer to settle the dispute. Instead, they repeatedly answered that the matter in the Philippine should be settled there through the negotiations between TMPC and TMPCWA. However, it is quite obvious that no one has an authority to make a decision of TMPC's policy other than Toyota Head Office. Mr. Nobuharu Tabata, appointed to President of TMPC in February 2002, was the former Head of Asia Department of Toyota Motor Corporation (Head Office).

In Fiscal Year 2000 Toyota Motor Corporation reported 13,137,070 million yen (US$ 106,030 millions) as the net revenue, biggest sales among Japanese corporations, and 1,000,000 million yen ( 8,123 millions) as the net income, the highest in history. In fact Toyota is one of very few companies that have been maintaining brisk sales even in the recession. We know that such a huge profit generated as a result of massive human rights violations inflicted on workers in the Philippines, Japan and other parts of the world.

Protest Toyota Campaign :
Support Groups for TMPCWA
Address : 3-6-901 Oppama Higashimachi, Yokosuka City, Kanagawa, Japan E mail : Protest-Toyota@jca.apc.org

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