Chong Won fact sheet as of Nov. 13
WAC RDP
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From: WAC RDP
Date: Tue, 14 Nov 2006 21:40:24 -0800
Subject: Chong Won fact sheet as of Nov. 13
To: "WAC Archives" <wac-ar...@googlegroups.com>
Updated Fact Sheet of Labor Dispute in
Wal-Mart supplier-Chong Won Fashion, Inc. (CWFI)
Cavite Export Processing Zone, Rosario, Cavite, Philippines
(September 16 to November 13, 2006)
On September 25, the union members declared a strike. About 116 workers
majority of them are women picketed in front of the factory.
Approximately 800 non-strikers showed up in front of the company on
that day composed of less than ten regular rank-and-file workers,
recontract workers, and hired scabs. The non-strikers were not
prevented by union members in entering the company. They heeded the
strikers' appeal on them not to report for work when the strike was
announced that day. The management has since begun hiring over hundreds
of workers obviously as temporary replacement for the union members in
preparation for the impending strike.
Mr. Antonio Felismino, the CWFI production manager, was with the
strikers on the same scene urging the non-strikers to report for work
using a megaphone threatening them of dismissal, but only a few
responded positively to his call. In addition, when majority chose not
to enter the company, the few who had entered went back outside.
Felismino also induced workers for a P500 (USD10) pay on that day
instead of P204 (USD 4.08) and P272 (USD 5.44) minimum pay for
contractual and regular workers, respectively, and pleaded with the
non-strikers not to go home, but to no avail.
No untoward incidents between the strikers and non-strikers took place
until at around 9:45am when 40 PEZA police and Jantro security guards
arrived and started violently dispersing the workers on strike. At
least 15 workers suffered head and body injuries. The PEZA police and
Jantro security guards, armed with firearms, clubs and backed-up with
water cannons, assaulted the strikers without any provocation who at
that time holding a peaceful picket. The strikers were unarmed
defending themselves. What they could only do is to cover their heads
with bare hands. Together with this assaulting PEZA security forces are
unidentified persons in civilian clothes, not from PEZA. One of those
seen in the company was a certain Lito Felismino, brother of CWFI
production manager and president of a tricycle drivers association
inside the economic zone.
"They [police and guards] dispersed us in absence of a lawful order
from the Department of Labor and Employment (DOLE). They are armed with
guns, clubs while the workers had none. Their action was a complete
disregard and violation of the existing guidelines for them to position
50 meters away," union's secretary Florencia Arevalo said. Under the
existing guidelines on strike, police and guards are prohibited from
positioning themselves below the 50-meter away from the picket line.
Also, the union members have complied with the legal procedures for the
strike and that they cannot be dispersed in absence of a lawful order
from DOLE.
Of the 15 workers injured, two were Solomon Noceda and Benigno Terante.
Noceda was repeatedly hit with clubs on the head and kicked all over
his body. Terante had his left hand bleeding, bruises on his arms and
his back. The two victims said it was the PEZA's Jantro security
guards who attacked them.
Prior to the strike, the management of CWFI threatened it would either
closed down once the conflict is not resolve. The company's Korean
president, Yong Ryul Kim, told union officers to instead cooperate and
settle the conflict with him because he would never negotiate for any
collective bargaining agreement. He added that the company is allegedly
heavily indebted and urged them to help pay his debts.
Earlier, the CWFI management distributed leaflets attacking the union
and threatened that one of their buyers, US-based Wal-Mart, would pull
out their orders once the conflict remains unresolved. The union
members hit the Wal-Mart for failing to effectively intervene and
washing their hands off from responsibility into the labor conflict.
On September 26, PEZA police and Jantro security guards drastically
imposed blockade of food supplies to the workers' picket line.
Following a failed attempt to violently disperse strikers, the PEZA
police and Jantro security guards built a blocking point to prevent
entry of food and to isolate the picket line. At least 70 union members
were holed-up at the picket line at the time. They blocked the two
corners of the road heading to picket line.
It is reported that the striking workers who went out of the picket
line to get food supplies were already prevented from going back
inside. Not only food supplies are being prevented, but also water and
clothing supplies as basic needs for workers on strike. The PEZA police
and Jantro security guards also seized some of identification passes
(ID pass) of striking workers to deny them entry to CEPZ.
On this day, the CWFI management served notice of termination to 71
workers on strike.
On September 27, another 22 union members were injured, one of whom
collapsed, when PEZA police and Jantro security guards once again
assaulted and violently dispersed them at 9am. They were on their third
day of peaceful strike when at least 30 combined elements of the
Philippine National Police (PNP) from Rosario Municipal Police Station,
PEZA police and Jantro security guards again assaulted them. The
perpetrators attacked strikers peacefully gathering at picket line
beside the factory's gate. The security forces were seen illegally
escorting scab workers to get inside the factory.
One of the injured victims, Myrna Elizalde, was taken to the hospital
after she collapsed during the scuffle. The other injured workers,
however, were forced to stay to protect their picket line from being
totally dismantled. Most of the workers suffered bruises and beatings
on their body. Not only the PEZA police and Jantro security guards
attacked the workers, the CWFI management has also urged the scabs to
fight and attack the strikers instead. They also urged them to take
defense weapons. The workers on strike condemned the PEZA authorities
in their failure to prevent this violence.
The union reported that the attackers resorted on mashing the breasts
of some of the female strikers, brutally hit the workers--most of whom
are female--with clubs. The attackers, armed with clubs and back up
with two fire trucks had no nameplates with them. The attackers have
completely ignored and violated the rules and guidelines on strike.
The incident happens the same day the union officers and support groups
went to the head office of the PEZA in Roxas Boulevard, Pasay City, to
hold a protest to condemn the September 25 violent dispersal. They also
condemned the continued harassment and food blockade by the PEZA police
and Jantro security guards imposed on the workers on strike.
It was on that day when both union officer of CWFI and Phils Jeon
Garments Inc. (PJGI) went to PEZA Director General De Lima's head
office in Pasay City seeking for a dialogue with her. Because DG de
Lima was not around, a certain Atty. Cajulis met the representatives of
the two striking unions. While Atty. Cajulis and officers of the two
unions were having a meeting, PEZA police and Jantro guards were busy
violently attacking again the strikers at CWFI.
The union members are condemning the PEZA officials for not taking any
action against the illegal and arbitrary acts the PEZA police are
continually committing on the field. They have not taken any immediate
action to prevent further violence, allow the workers on strike of
access to food and afford immediate assistance to injured workers.
Despite appeals for PEZA to immediately intervene to peacefully resolve
the conflict, they have done nothing.
In the afternoon, Industrial Relations Division Chief Atty. Arada of
PEZA called a dialogue on all parties concerned in the dispute at CWFI.
In attendance were: Atty Arada, PEZA police chief Jose Joel Sarasua,
lawyer Omar Francisco and personnel officer of Chong Won; NMCW union
president Resurreccion Ravelo and secretary Florencia Arevalo, and two
more union officers, and Arnel Salvador of WAC.
The terms agreed on the said meeting were: food blockade to be lifted
by PEZA, PEZA police and Jantro guards would stay 50 meters away from
the strikers across the street; Chong Won shall submit the next day a
list of workers in their July payroll, the month the union filed its
notice of strike in order to determine the number of scabs; all
strikers will be allowed to enter freely inside the CEPZ and in their
strike area; makeshift tents would not be demolished without lawful
written order; Jantro guards who have stationed themselves at the gate
of CWFI near the strikers after the violent attack would leave at 6am
the next day; and the agreed terms will be put into writing by PEZA to
be signed by all parties concerned in the meeting of the next day.
The signing, however, did not push through because PEZA and the CWFI
management have no real intention to implement the agreed terms in the
dialogue. PEZA's bad faith was once again betrayed by their hostile
actions towards the striking workers. On September 27, around 9:30pm,
eight union officers headed by Ravelo and Arevalo were once again
barred from entry and harassed by Jantro guards at the gate of CEPZ. A
Jantro guard whose surname is Mortos tried to draw his firearm when
Arevalo argued that they should be allowed entry as agreed in the
dialogue called by PEZA itself earlier that day. Mortos retorted, it
was "sir" and "mam" in the said dialogue who ordered not to
allow the strikers an entry. Obviously, Mortos is referring to PEZA
police chief Sarasua and Atty. Jane Arada.
On September 28, eight workers supportive of the workers on strike from
another Korean-owned factory SP Ventures were illegally arrested and
charged in court for trespassing. They were Gemma Lape, Lorna Reli, Ivy
Villasan, Analou Estrimos, Glaysa Layesi, Josephine Bahar, Pablito
Sapata and Rodelito Amo. Only Amo is not a former employee of the SP
Ventures Corporation. Armed without any arrest or search warrants,
Atty. Arada and elements of the PEZA police and Jantro security guards
arrested them at the Kohzan warehouse inside the CEPZ.
They were taken to the PNP Rosario Municipal Police Station (RMPS)
where they were detained until their temporary release on October 4.
They were not intruders. They are known to the PEZA police, Jantro
security guards, and even by Atty. Arada and their stay at the Kohzan
Warehouse was with the approval of PEZA. The arrested workers were
there for several months already prior to their arrest.
The Rosario Municipal Police Station in Cavite through the instigation
of PEZA attempted to file a complaint of inciting to sedition against
the arrested workers. However, the Assistant Provincial Prosecutor
Vivian Rojo rejected it for lack of evidence. The workers were instead
falsely charged in court with trespassing.
The arrest took place because the PEZA police caught them storing and
sneaking food for the CWFI striking workers in violation of the food
blockade imposed by PEZA. They were staying at the Kohzan Warehouse to
guard the equipment and machineries of their closed company while
awaiting for the decision of the court for the insolvency case filed by
SP Ventures. They have to guard the remaining assets of SP Ventures
because the payment for unpaid wages and separation pays of 92
workers/complainants would come from these properties. They do not
completely trust PEZA to safeguard these equipment and machines because
they knew of one case in the past that equipment and machineries
entrusted by workers of a closed Korean sweatshop to PEZA vanished
without a trace despite tight guarding at the CEPZ gate.
The September 27 Agreement has not been implemented and blatantly
ignored by PEZA. Since September 28, workers on strike have totally
been prevented and banned by Peza police and Jantro security from
entering the CEPZ allegedly upon the order of PEZA Director General
Lilia de Lima. This after the Chong Won management issued a memorandum
preventing their workers on strike from entry and cancelling their
company identification cards. Checkpoints from two corners of the road
heading to the factory were set up by PEZA police and Jantro Guards to
ensure a "no strikers's entry policy." IDs and zone passes of the
strikers were being confiscated. Only few striking workers are able to
maintain the picket line now. The food blockade is also still in
effect.
On September 30, the management issued another termination notice to
the strikers. A total of 116 strikers, aside from two union leaders
dismissed prior to strike, as of this date had been illegally dismissed
during the strike.
On October 4 at 7pm, Municipal Trial Court (MTC) in Rosario, Cavite,
Judge Rita Quizon ordered the release of eight workers without bail.
But the Judge required them they to appear for their first hearing
schedule on January 15, 2007.
On October 5, 2006, a fact-finding was conducted to look into the case
of illegal arrest and detention of the eight supporters/workers of the
strike; food blockade; blacklisting of the strikers and confiscation of
their IDs and zone passes, and violent dispersal of the workers'
picketline in Chong Won and Phils Jeon on September 25 and 27.
Those allowed entry inside the CEPZ were a staff of Senator Jamby
Madrigal and those from Center for Trade Union Human Rights (CTUHR) and
National Coalition from the Protection of Workers Rights (NCPWR) riding
a van. As a result of this FFM, PEZA returned all the confiscated items
on October 6, from the eight workers who were arrested (one sack of
rice and mobile phones) but they did not return the cameras they have
confiscated.
On October 5 also at around 7pm, two container vans of raw
materials/fabrics were taken out of CWFI premises and taken to
subcontractors in Ji Sung Co. Ltd. at First Cavite Industrial Estate
(FCIE) in Dasmarinas, Cavite and Jeshurun Fashion Int'l. Corp. in
CEPZ, Rosario, Cavite. Another raw materials/fabrics were taken to JJ
Fashion Corp. on Oct. 11, 2006.
Two conciliation hearings were scheduled by the Department of Labor and
Employment's Conciliation and Mediation Board on Oct. 9 and October 11
but no substantial results were achieved. The CWFI management remained
adamant to heed the demands of the union.
On October 12, representatives of Commission on Human Rights (CHR)
arrived at the picket line of Chong Won and had them received a letter
from CHR Chairperson Quisumbing.
On October 15, the management created a pseudo "Caretaker Committee" in
the name of the union. It is composed of: Antonio Felismino -
production manager, production supervisors and line leaders Fernando
Torres, Vangie Gozo, June Cuaco, Dante Tahimik, Dindo Bogayan, and
sewing operators Malou Halog, Bernardo Hernandez, and Delia Trinidad.
CWFI president and owner, Mr. Yong Ryul Kim and his legal counsel Atty.
Omar Francisco presided the creation of the said committee. Jessica
Lee, a representative from Korean-based ONA, the company that act as
agent of the New York-based WalMart supplier One Step Up, also attended
the meeting.
October 16, the pseudo Caretaker Committee, Mr. Kim, and Atty.
Francisco held another meeting at WalMart office in Makati City.
According to the union, the people in pseudo committee was promised by
Mr. Kim that the company will negotiate a collective bargaining
agreement with them because the officers and members of the union have
already been terminated. However, they have to remain loyal to the
company and they must support the management in all its efforts against
the strikers.
Since October 17, the workers started receiving subpoenas through
registered mail informing them that they are being sued for slight
physical injuries by the Peza policemen and Jantro Security guards in
connection with the September 25 and 27 incidents. A hearing was set on
October 25, 2006 for preliminary conference at the Rosario Municipal
Trial Court. A total of seventeen workers were charged. Six of whom,
namely Sellwyn Simpan, Rolando Timuat, Resurreccion Ravelo, Fermin
Geronimo, Joel Ysulan and Benigno Pirante are all from Chong Won.
On October 19, 2006, the managements dismantled the picket lines of the
workers on strike. Based on the workers sworn statements, around 800
workers mainly composed of scabs and recontract workers went out of the
company at around 8:30 a.m. These workers were all armed with scissors
issued by the management and headed by production manager Antonio
Felismino. They were ordered by Felismino to line up in front of the 13
strikers manning the picket line's makeshift tents. Without any
provocation, 15 persons in civilian clothes seen in the company of PEZA
police and Lito Felismino, the brother of Antonio, assaulted the
strikers, dragged them out of the makeshift tents and totally demolish
it to the ground. All demolished materials were then confiscated by
persons in civilian clothes and brought inside the waiting container
van of CWFI. The persons in civilian clothes were later identified by
the workers as outsiders and goons hired by the Korean management.
The assault made to the 13 striking workers and demolition of their
makeshift tents was ordered by PEZA's Atty. Mary Jane Arada. Atty.
Arada's name was directly mentioned by Antonio Felismino when
confronted by the strikers who ordered the demolition. Furthermore,
Atty. Arada was seen by the strikers inside a parked red vehicle in a
nearby company watching the whole incident.
The assault was an overkill! PEZA and CWFI management used 800 workers
for a show of force, 15 hired goons, 12 Peza police, 30 Jantro guards,
and eight (8) municipal Police against 13 strikers who were mostly
women.
After the dismantling of the picket line's makeshift tents, the
striker no longer have any cover to protect them from the heat of the
sun, rain, and dew during nighttime and dawn time. They also do not
have temporary comfort rooms now and so this became very difficult and
uncomfortable for the strikers. Every time they try to put something to
shelter them from the heat of the sun or cold of the night or rain, the
company guards and PEZA's security forces would immediately dismantle
it.
On October 23, a formal complaint was filed against PEZA Director
General De Lima, PEZA Industrial Relations Division Chief Atty. Mary
Jane Arada, PEZA Police Chief Jose Joel Sarasua, and Philippine
National Police (PNP) Chief Inspector Audie Lirio Madrideo, head of the
Rosario Municipal Police Station, before the regional office of the
Commission on Human Rights (CHR-NCR) by union leaders and members for
rights violations.
CWFI union president Resurreccion Ravelo of Nagkakaisang Manggagawa sa
Chong Won Fashion (NMCW) and union secretary Merly Grafe of another
workers on strike--the Kaisahan ng mga Manggagawa sa Phils. Jeon (KMPJ)
had their complaints received by CHR-National Capital Region
investigator Carlo Altiche.
The union leaders demanded to have the illegal and arbitrary acts
allegedly committed by Director General De Lima and the other
respondents investigated by the Commission. Grafe and Ravelo is
charging the respondents of conspiring with each other in using their
authority to blatantly violate the fundamental rights of the workers in
connivance with the managements of the struck companies.
On October 27, criminal charges of grave coercion, slight physical
injuries and less serious physical injuries were filed before the
Office of the Provincial Prosecutor in Imus, Cavite against the PEZA
officials and their security force who were all involved in the violent
dispersals at the picket line.
On November 3, a meeting attended by the following: Edwina Reunilla & a
certain James, from WalMart, Philippines; Helga Leicht - from One
Step Up in New York, US; Jessica Lee & Marianne Cheon from ONA, Seoul,
Korea; Fr. Jose P. Dizon & Salve Valenciano from Workers Assistance
Center, Inc.; Resurreccion Ravelo & Florencia Arevalo from the union
(NMCW-Ind.); Mr. Yong Ryul Kim and Atty. Omar Francisco from CWFI
management was held at WalMart's office in Makati City. The meeting
was arranged and set by Canadian-based Maquila Solidarity Network,
US-based International Labor Rights Fund, and WalMart's head office
in the USA.
WAC notes from the meeting are as follows:
During the meeting, Ms. Leicht from One Step Up and Ms. Jessica Lee &
Marianne Cheon of ONA said they came in the country and attended the
meeting because they want to help in resolving the problem as this
problem is affecting their business. And all they wanted is to go on
with their business.
Mr. Kim of Chong Won Fashion, Inc. came with the company lawyer, Atty.
Omar Francisco and for most of the time Atty. Francisco kept on
discussing about the "legalities" of the case. He said they are not
saying they do not want to negotiate for a CBA with the union but they
still have a pending case at the Court of Appeals and they're still
awaiting for its resolution. The termination of the 116 strikers had
been filed already at the Department of Labor and Employment (DOLE) and
regarding the dismissal of the two union officers and members Monina
Eugenio and Sellwyn Simpan, he said they have proof of evidences to
terminate the two. He goes on saying it will be impossible for the
strikers to return to work because they have these 1,000 workers inside
the company who "fear" that the union will retaliate and do
something bad to them once they were able to return to work. Also,
Atty. Francisco said that the "caretaker committee" sent a letter
to PEZA asking them to assist them in their negotiation with the
management for an increase in wages and benefits. Later on, when asked
by Ms. Reunilla to reconsider its position on the return to work of the
116 strikers, Atty. Francisco said that they are agreeing to return the
workers to work but for "selected workers only" or in
management's terms "only those who least participated in the
strike".
Rev. Fr. Dizon of WAC countered that the legalities of the case should
not be discussed in the meeting because only a temporary restraining
order (TRO) can prevent the union in negotiating for collective
bargaining and until now the management do not have this TRO. He said
they should not talk about the case in this venue, as the goal of the
meeting is to settle the issues/agenda mentioned by Walmart. He also
read a copy of the entry of judgment from the DOLE regarding the case
and he read that it is already final and executory and the rights of
the workers to collective bargaining must be upheld and reiterated that
the purpose of the meeting is to talk/discuss on how to resolve the
problems or the issues of strike.
Edwina Reunilla of Walmart, Philippines said that we have to set aside
any legal issue and the two parties - management and union must each
give way to settle the issue so that everybody will go on with their
businesses and she said that "and that's what we all wanted, I'm
sure".
Father Jose Dizon asked Atty. Francisco to stop his legal blabber and
requested to hear what Mr. Kim have to say since he is the principal in
this case/issue being the Chong Won Fashion Inc.'s top management. He
only said in Filipino that "its not really possible" ("hindi
talaga pwede") And in English he said "No CBA, no money." And he
does not want to withdraw the termination notice given to the strikers
because he fear they will "sabotage" the production again.
Fr. Dizon asked the management what is their main reason for their
refusal to negotiate for a CBA with the union. Mr. Kim, for his part
replied that he got a lot of financial problems and debts. Fr. Dizon
have to tell Mr. Kim that having no money or incurring business losses
is not a ground to refuse the collective bargaining negotiation with
the union and asked him, if you are indeed losing money, show us your
financial statements so that the union can study these documents.Mr.
Kim agreed to submit the financial statements covering the last three
years to the union for study.
Walmart was also asked by the union why they were pulling out
(subcontracting) the orders to other companies, and Ms. Reunilla said
that the decision to take out the two container vans of fabrics and raw
materials was the decision of One Step Up and not of Walmart's.
The union's position presented to the meeting were: the company has
to submit a financial statements and CBA counter proposal, withdraw the
termination of the 116 striking employees, and reinstate the two
dismissed union leaders. Within two weeks, union will study the
financial statement. After two weeks, set a schedule for CBA
negotiation on non-economic demands.
Everybody agreed in the meeting, except for Mr. Kim and Atty.
Francisco, that the labor dispute should be settled amicably by heeding
the union's demands without going through the endless
"legalities" of the case.
The meeting ended before 1pm and it was agreed to set another meeting
on Nov. 7, 2006 at 9am. The union provided a copy of their CBA proposal
to Walmart, One Step UP, and ONA. Walmart promised to send the minutes
of the meeting to WAC by fax on the same day. However, until now no
minutes has ever been faxed to WAC.
In the afternoon of the same day, at around 4:20PM Helga Leicht and
Jessica Lee went to Chong Won factory at CEPZ, in Rosario, Cavite and
talked with the strikers there. Ms. Leicht asked the workers if they
would agree if they would be returned to work. The strikers replied
they are willing and will agree to return to work provided that there
would be a CB negotiation..
On November 7, the CWFI submitted its unaudited 2006 financial status
report contrary to what was agreed upon during the November 3 meeting
that it would submit audited financial statements covering the last
three years. WalMart suggested to the CWFI that it would consider
providing contract for five to ten years on condition that it would
agree on commencing negotiation for the CBA with the union, still the
CWFI management refused to do so. No succeeding schedule of meeting was
set but all parties agreed to have the schedule on call basis.
As of this date, ten to twelve strikers persist to maintain their
picket line and hold on at all cost to defend their strike in front of
the company despite continued harassments, threat, and coercion from
the company guards, PEZA police force, Jantro security guards,
unidentified goons who are all taking vicious orders from the office of
the PEZA Director General Lilia de Lima through Atty. Jane Arada. They
continue to defy all pressures and challenges, rain or shine, because
they all believed that their rights are non-negotiable.
Majority of the strikers who were banned to enter the CEPZ also
remained steadfast and they are the ones soliciting money for strike
fund, washing the dirty clothes of their co-strikers who are
maintaining the picket line and preparing food and drinking water for
them. Although they are having hard time in sneaking in the food and
drinking water to the picket line, unity remains high among the
strikers.
Prepared by:
Research, Documentation, Information and Publication Program
Workers' Assistance Center, Inc. (WAC)
Rosario, Cavite