Tarrant Mexico: per il riconoscimento del sindacato - Clean Clothes Campaign

["Ersilia Monti" <ersilia.monti at mclink.it>]

Prima di inoltrarvi il caso che segue, vi informo che saro' presto affiancata nel lavoro di traduzione da alcuni giovani traduttori che si sono
resi disponibili ad aiutarmi. Questo mi permettera', spero a breve, di dedicarmi ad altre attivita' di informazione all'interno della lista.
A presto,
Ersilia Monti

MESSICO:  CONTINUA LA BATTAGLIA PER IL RICONOSCIMENTO DEL SINDACATO - IL
CASO TARRANT MEXICO-AJALPAN -  Clean Clothes Campaign

(fonte: Centro de Apoyo al Trabajador - CAT)

La Tarrant Mexico - Ajalpan di Puebla e' un'azienda a capitale statunitense, facente capo alla Tarrant Apparel Group con sede a Los Angeles, che produce
abbigliamento per Levi's, Liz Claiborne, Tommy Hilfiger, the Wet Seal e altre marche USA.
E' al centro di un conflitto sindacale dopo che a fine agosto alcune centinaia di lavoratori sono stati licenziati  per aver costituito un sindacato indipendente, SUITTAR, e aver proclamato uno sciopero a giugno per migliori condizioni di lavoro.
Il motivo ufficialmente addotto dall'azienda per i licenziamenti e' il calo produttivo con conseguente esubero di personale, ma la procedura seguita e'
in netto contrasto con la legge del lavoro messicana che impone alle aziende di dimostrare per iscritto al JLCA (Comitato locale per la Conciliazione e l
'Arbitrato di Puebla) lo stato di necessita' temporanea  e quindi di negoziare un'indennita' di disoccupazione per i lavoratori (questo perche'
in Messico non esiste sussidio per la disoccupazione). Inoltre, il motivo del licenziamento deve essere comunicato ai lavoratori per iscritto e, in
caso di licenziamento senza giusta causa, essi hanno diritto a un'indennita' di licenziamento o al reintegro nel posto di lavoro. Nel caso della Tarrant
di Ajalpan nessuna di queste norme e' stata rispettata e quindi i licenziamenti sono illegali. A colmare la misura, il 6 ottobre il JLCA ha
respinto la richiesta di riconoscimento di SUITTAR adducendo una serie di vizi di forma. Questi, a norma di legge, avrebbero dovuto essere comunicati
ai richiedenti prima del pronunciamento definitivo in modo da potervi porre rimedio; si tratta anche in questo caso di un provvedimento illegittimo.
SUITTAR si appellera' contro la decisione davanti agli uffici amministrativi nazionali del North American Agreement on Labor Cooperation (NAO/NAALC), l'
OIL e l'OCSE. Ma poiche' il caso non sara' discusso prima di 6-8 mesi, e' necessario che continui la pressione internazionale sul governo messicano,
sulla Tarrant e sui suoi committenti.
Levi-Strauss ha risposto alle sollecitazioni e ha informato personalmente molti dei clienti della Tarrant Apparel Group che le e' stato negato l'
accesso agli stabilimenti messicani dove intendeva recarsi per  monitorare l'applicazione del suo codice di condotta e in seguito la Tarrant Mexico ha
rotto i rapporti commerciali con Levi's.
Fra tutti i committenti, le peggiori reazioni vengono da Tommy Hilfiger, the Wet Seal e i Federated Department Stores. The Wet Seal, pur avendo un codice
di condotta, non si e' ancora espressa circa il suo intendimento, Tommy Hilfiger si e' affrettata a cancellare le commesse per "ragioni commerciali", i Federated Department Stores hanno dichiarato che non interverrano poiche' il loro codice di condotta non contempla il diritto alla liberta' di
associazione.

E' vero che molti dei marchi clienti di Tarrant non sono presenti nei negozi italiani, ma vi preghiamo di partecipare comunque alla campagna di pressione
che serve a rafforzare il processo di costruzione della liberta' sindacale in Messico. Lo abbiamo gia' fatto in passato sostenendo, con buoni
risultati, i lavoratori Nike della Mexmode, e con risultati purtroppo meno buoni, i lavoratori Puma della Matamoros.

SCRIVIAMO A THE WET SEAL, FEDERATED DEPARTMENT STORES INC., TOMMY HILFIGER
per chiedere alle imprese di fare pressione sulla Tarrant, sul governo federale messicano e sul governo dello Stato del Puebla affinche' sia
riconosciuta legittimita' al sindacato SUITTAR, le si invita inoltre a firmare con esso un contratto collettivo di lavoro:
peter.whitford at wetseal.com; jzimmerman at fds.com; ddyer at tommy-usa.com;
jhorowitz at tommy-usa.com; thilfiger at tommy-usa.com;
cbirchfield at tommyhilfiger.com


Inviate per conoscenza ai seguenti indirizzi corrispondenti a uffici governativi ed altri uffici delle imprese (probabilmente qualcosa tornera'
indietro):
gguez at aol.com; gerard.guez at tags.com; kamel.nacif at tags.com;
corazon.reyes at tags.com, silvia.davila at tags.com; tarrant.ajalpan at tags.com;
gabriela.bringas at tags.com; pguez at innovogroup.com; iaa at innovogroup.com,
paul.guez at tags.com;buzon_abascal at stps.gob.mx;antonio.zarain at puebla.gob.mx;
antonio.lopezmalo at puebla.gob.mx; armando.toxqui at puebla.gob.mx;
atq1969 at hotmail.com; dorrit.bern at charming.com;sfried at limitedbrands.com;
catpuebla at yahoo.com.mx

Ogg.: Tarrant Mexico - Legal recognition of the workers' union


Dear sirs,
I have recently received updated information regarding the illegal dismissals of hundreds of workers from the Tarrant México - Ajalpan factory
in Puebla, as well as reports that workers at this facility are being prevented from exercising their legal right to free association.
Specifically, the independent union SUITTAR was on October 6th unjustly denied legal recognition.
The company's and labour board's actions against the workers, and the leadership of the union, violate Mexican labour laws (the right to
organize), as well as fundamental workers' rights and constitute a human rights violation. Workers at Tarrant are entitled to be represented by
the union of their choosing, without intimidation or discrimination.

I therefore fully support the workers in this matter. I urge you to take responsibility and:
· Immediately contact Tarrant management, the Mexican federal government and
the Puebla state government to ensure that:
a. The Ajalpan workers' rights to freedom of association are upheld, thus accepting SUITTAR's appeal, overturning the registro decision and legally
recognizing the independent union. The JLCA violated LFT (Mexican Federal Law) Articles 685 and 686 stipulating its responsibility to revise all
submitted documents and notify the petitioners what is lacking before considering the registro petition.
b. The company signs a collective bargaining agreement with SUITTAR
according to LFT Articles 386 and 439.
· Work together with Levi's, Limited Brands, Charming Shoppes and other TAG clients to urge TAG and the Puebla state government to comply with the
brands' Codes of Conduct and Mexican and international law.
· Publicly cite the Worker Rights Consortium report as evidence of the illegal violations, see  www.workersrights.org.
· Communicate directly with the workers and the CAT, for instance via
catpuebla at yahoo.com.mx.

For your information, I am also contacting the factory's management, the governor and JLCA of Puebla to share my concerns with them.

Thank you for your consideration. I appreciate your prompt attention and action, and hope that you will take the necessary steps to bring about a
resolution to this matter that is to the satisfaction of the workers and in compliance with the law.

Sincerely,

(nome, cognome, citta' e paese, evenutale organizzazione di appartenenza)


-----------------------
Per vedere i casi di cui ci siamo occupati nel 2003:
www.lilliputmilano.org/lab/consumocritico.html al link Abiti Puliti
Consultate anche il sito: www.cleanclothes.org

Per essere esclusi dalla lista o ricevere informazioni sulla Clean Clothes Campaign, inviate un messaggio a : ersilia.monti at mclink.it

Ersilia Monti  (Coordinamento lombardo nord/sud del mondo - Rete di Lilliput Nodo di Milano) - P.le Governo Provvvisorio 6 - 20127 Milano  - email: ersilia.monti at mclink.it
-------------------


> -----Messaggio originale-----
> Da: info at cleanclothes.org [mailto:info at cleanclothes.org]
> Subject: Update Tarrant México - Ajalpan: Legal recognition union
> denied, workers still without jobs
>
> Second appeal for Action: Tarrant México - Ajalpan
>
> Update: Legal recognition independent union denied, workers still
> without jobs
>
> Dear friends,
> Please find below an update of the ongoing conflict regarding violations
> of the right to organize at the U.S.-owned Tarrant México - Ajalpan
> factory, which produces for such brands as Tommy Hilfiger, The Wet Seal
> and Limited. After workers at the factory took action to demand improved
> working conditions, management fired hundreds of workers, including most
> of the leaders of the newly formed independent union. Now, this union is
> unjustly denied a legal status by the Mexican board. The Mexican-based
> CAT (Centro de Apoyo al Trabajador; workers organizing centre), supports
> the workers and has requested international help. This aid is especially
> needed since the reinstallation hearings for the dismissed workers are
> set for October 15th and 23rd, and they cannot be represented by their
> union. Please increase the pressure on Tarrant clients, Tarrant
> management and the local government to make them ensure that workers'
> rights are respected. Contact information, as well as a sample letter,
> is included below. Please send your letters of concern today. Many
> thanks in advance.
>
> CASE UPDATE
> (Source: CAT)
>
> On October 6th, the Local Conciliation and Arbitration Board of Puebla
> (JLCA) denied legal registration (registro) to the Only Independent
> Union of Tarrant México Company Workers (SUITTAR). The three arguments
> given for denying the workers' petition for registro  were:
> · The original copy of the petition plus one photocopy were provided,
> when Mexican Federal Labor Law (LFT), Article 365 states that the
> original must be filed with "duplicate" copies.
> This reason for denial is a violation of the JLCA's legal responsibility
> to revise all submitted documents and notify the petitioners what is
> lacking before considering their petition, as is stipulated in LFT
> Articles 685 and 686. The JLCA never informed the workers or gave them
> an opportunity to correct their petition as it should have done when the
> documents were submitted, and instead proceeded directly to resolve and
> process the denial.
> · The date that the independent union was formed was the same as the
> date of the election of its executive committee representatives. The
> JLCA says these two events should have occurred on separate days.
> · Of the approximately 750 affiliated workers listed in SUITTAR's
> registro petition, the name of one of the representatives of the
> executive committee (María Guadalupe Martínez Gonzáles) does not
> correspond with a name on the union's list of affiliates (Maura
> Guadalupe Martínez Gonzáles).
> Again, the JCLA should have let SUITTAR know that some things weren't
> completely clear. Especially since it is obscure where it is stated that
> the forming of a union and elections of representatives cannot happen on
> the same day.
>
> SUITTAR and its legal counsel will be appealing the registro decision
> and taking other action to pressure the government and the company to
> respect their legal rights to union freedom according to Articles 6, 9
> and 123 of the Mexican Constitution, Articles 133 and 354-385 of Mexican
> Federal Labor Law (LFT) and Conventions 11, 87, 135 and 141 of the
> International Labour Organisation (ILO). As part of its legal and
> political strategy to overturn the registro decision and come to a
> collective bargaining agreement, SUITTAR and its legal counsel will
> appeal the decision, a well-known Mexican labor lawyer will write an
> independent legal opinion of the decision and SUITTAR will pursue legal
> submissions before the National Administrative Offices of the North
> American Agreement on Labor Cooperation (NAO/NAALC), the ILO and the
> Organization for Economic Cooperation and Development (OECD). It is
> important to point out that the appeal could take six to eight months to
> be resolved, during which time it is essential for the local and
> international allies to continue using several legal and political
> tactics to pressure the government and companies. Further information on
> legal developments and strategy will be forthcoming.
>
> The main campaign targets are now The Wet Seal, Federated Department
> Stores and Tommy Hilfiger because all three are important TAG clients at
> the international level. Levi Strauss has agreed to and followed through
> on many of the workers' demands, including personally contacting many of
> TAG's clients to inform them that the brand was denied access to monitor
> its Code of Conduct and that the factory ultimately decided to sever its
> business ties with Levi's.
>
> Despite initial conversations, The Wet Seal has not yet indicated what,
> if anything, it is willing to do regarding the Ajalpan situation and the
> Code of Conduct and legal violations. And while Federated has responded
> to initial requests for intervention, its responses have been
> unsatisfactory. Federated will not "get involved" in "labor disputes"
> nor in factories where it does not currently produce a product, it does
> not "expect to do anything" about the Ajalpan situation in the future,
> and it has made it quite clear that its Code of Conduct does not include
> the right to freedom of association.
> Tommy Hilfiger appears to have removed its production from the factory,
> reportedly for "business reasons", and is refusing to respond to
> petitions to enforce its Code of Conduct.
> Therefore we call on all of our local and international allies to focus
> pressure on these three brands until they force Tarrant and the state
> and federal governments to uphold the brands' Codes of Conduct and
> respect Mexican and international law.
>
> CALL FOR ACTION
> We would at this stage like to ask you to focus pressure on Tarrant
> Apparel Group's (TAG) major international clients - to force the factory
> to obey the law and the brands' Codes of Conduct - while copying this
> communication to the company and the federal and state governments. That
> way we can hopefully come closer to achieving the overall goal of
> signing a collective bargaining agreement between the workers' union of
> choice and the factory.
>
> 1. Please contact The Wet Seal, Federated Department Stores and Tommy
> Hilfiger directly and send copies of your communication to the secondary
> targets given below. Insist that they:
> Contact TAG, the Mexican federal government and the Puebla state
> government to ensure that:
> a. The Ajalpan workers' rights to freedom of association are upheld,
> thus accepting SUITTAR's appeal, overturning the registro decision and
> legally recognizing the independent union. The JLCA violated LFT
> (Mexican Federal Law) Articles 685 and 686 stipulating its
> responsibility to revise all submitted documents and notify the
> petitioners what is lacking before considering the registro petition.
> b. The company shows up to the reinstallation hearings on October 15th
> and 23rd and that the illegally-fired workers are reinstated, according
> to LFT Chapter IV.
> c. The company signs a collective bargaining agreement with SUITTAR
> according to LFT Articles 386 and 439.
> · Work together with Levi's, Limited Brands, Charming Shoppes and other
> TAG clients to urge TAG and the Puebla state government to comply with
> the brands' Codes of Conduct and Mexican law.
> · Publicly cite the Worker Rights Consortium report as evidence of the
> illegal violations, see  www.workersrights.org.
> · Communicate directly with the workers and the CAT, for instance via
> catpuebla at yahoo.com.mx.
>
> A sample letter can be found below.
>
> THE WET SEAL, INC
> Peter Whitford, CEO
> Office: 26972 Burbank, Foothill Ranch, CA, USA 92610
> Phone: (800) 735-7325
> Fax: (949) 699-4046
> E-mail: peter.whitford at wetseal.com
>
> FEDERATED DEPARTMENT STORES, INC
> James Zimmerman, Chairman of the Board
> Office: 7 West Seventh Street, Cincinnati, OH, USA 45202
> Phone: (513) 579-7000
> Fax: (212) 494-1838
> E-mail: jzimmerman at fds.com
>
> TOMMY HILFIGER CORPORATION
> Dave Dyer, Company President and CEO
> Joel Horowitz, Chairman of the Board
> Tommy Hilfiger, Honorary Chairman of the Board and Principal Designer
> Office: 9/F Novel Industrial Building, 850-870 Lai Chi Kok Rd., Cheung
> Sha Wan, Kowloon, Hong Kong
> Phone: 852-2216-0668 (Hong Kong), 852-274-7798 (Hong Kong), (212)
> 840-8888 (New York)
> Fax: 852-2312-1368 (Hong Kong), 852-2371-2928 (Hong Kong), (212)
> 548-1965 (New York)
> E-mail: ddyer at tommy-usa.com, jhorowitz at tommy-usa.com,
> thilfiger at tommy-usa.com
> Code of Conduct Department: cbirchfield at tommyhilfiger.com
>
> SAMPLE LETTER
> Please adapt and send the following letter:
>
> Dear [insert name of company representative],
> I have recently received updated information regarding the illegal
> dismissals of hundreds of workers from the Tarrant México - Ajalpan
> factory in Puebla, as well as reports that workers at this facility are
> being prevented from exercising their legal right to free association.
> Specifically, the independent union SUITTAR was on October 6th unjustly
> denied legal recognition.
> The company's and labour board's actions against the workers, and the
> leadership of the union, violate Mexican labour laws (the right to
> organize), as well as fundamental workers' rights and constitute a human
> rights violation. Workers at Tarrant are entitled to be represented by
> the union of their choosing, without intimidation or discrimination.
>
> I therefore fully support the workers in this matter. I urge you to take
> responsibility and:
> · Immediately contact Tarrant management, the Mexican federal government
> and the Puebla state government to ensure that:
> a. The Ajalpan workers' rights to freedom of association are upheld,
> thus accepting SUITTAR's appeal, overturning the registro decision and
> legally recognizing the independent union. The JLCA violated LFT
> (Mexican Federal Law) Articles 685 and 686 stipulating its
> responsibility to revise all submitted documents and notify the
> petitioners what is lacking before considering the registro petition.
> b. The company shows up to the reinstallation hearings on October 15th
> and 23rd and that the illegally-fired workers are reinstalled, according
> to LFT Chapter IV.
> c. The company signs a collective bargaining agreement with SUITTAR
> according to LFT Articles 386 and 439.
> · Work together with Levi's, Limited Brands, Charming Shoppes and other
> TAG clients to urge TAG and the Puebla state government to comply with
> the brands' Codes of Conduct and Mexican and international law.
> · Publicly cite the Worker Rights Consortium report as evidence of the
> illegal violations, see  www.workersrights.org.
> · Communicate directly with the workers and the CAT, for instance via
> catpuebla at yahoo.com.mx.
>
> For your information, I am also contacting the factory's management, the
> governor and JLCA of Puebla to share my concerns with them.
>
> Thank you for your consideration. I appreciate your prompt attention and
> action, and hope that you will take the necessary steps to bring about a
> resolution to this matter that is to the satisfaction of the workers and
> in compliance with the law.
>
> Sincerely,
>
> [insert name/organization here]
>
>
> 2. Please copy the following secondary targets in the Cc: line of your
> communications to The Wet Seal, Federated and Tommy Hilfiger. Please
> note new and updated contact information below.
> TARRANT APPAREL GROUP
> Gerard Guez, Chairman of the Board and CEO
> Office: 3151 E. Washington Blvd., Los Angeles, CA, USA 90023
> Phone: (323) 881-0335, (323) 780-8250
> Fax: (323) 881-0379
> E-mail: gguez at aol.com (NEW), gerard.guez at tags.com
>
> TARRANT MÉXICO / UNITED APPAREL VENTURES
> Kamel Nacif Borge, Major Stockholder
> Office: Edgar Allen Poe #231, Colonia Polanco, México, D.F., México
> CP 11550
> Fax: (52) (55) 5255-1009
> E-mail: kamel.nacif at tags.com
>
> Corazón Reyes, Corporate Compliance (NEW)
> Silvia Davila, Compliance Coordinator (NEW)
> Tlaxcala Office
> Phone: (52) (248) 482-8400 ext.4114
> Fax: (52) (248) 482-8439
> E-mail: corazon.reyes at tags.com, silvia.davila at tags.com
>
> Gabriela Bringas, Administrator
> Tarrant México - Ajalpan
> Office: Carretera Tehuacán - Teotitlan, Km. 18
> Ajalpan, Puebla, México CP 75910
> Phone: (52) (236) 372-5000 Main line, (52) (236) 372-3042 Bringas's line
> Fax: (52) (236) 381-1008 (NEW)
> E-mail: tarrant.ajalpan at tags.com, gabriela.bringas at tags.com
>
>
> AZTECA PRODUCTION INTERNATIONAL
> INNOVO GROUP
> Paul Guez, President
> Hubert Guez, CEO
> Azteca Office: 5804 East Slauson Avenue, Commerce, CA, USA 90040
> Azteca Phone: (323) 890-9660
> Azteca Fax: (323) 890-9680
> Innovo Office: 5900 S. Eastern Avenue, Suite 104, Commerce, CA, USA 90040
> Innovo Phone: (323) 725-5516 ext.646 (NEW)
> Innovo Fax: (323) 725-5504 (NEW)
> E-mail: pguez at innovogroup.com (UNCONFIRMED), iaa at innovogroup.com,
> paul.guez at tags.com (UNCONFIRMED)
>
> SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL
> Carlos Abascal Carranza
> Office: Periférico Sur, No. 4271, Edificio A, Piso 4, Colonia Fuentes
> del Pedregal, D.F. México, México, CP 14149
> Fax: (52) (55) 5645-5594
> E-mail: buzon_abascal at stps.gob.mx (NEW)
>
> PRESIDENTE DE LOS ESTADOS UNIDOS MEXICANOS
> Vicente Fox Quesada
> Office: Palacio Nacional, México, D.F., México, CP 06067
> Fax: (52) (55) 5540-3713 / 2577-2376 / 5522-9413
> E-mail: http://ciudadano.presidencia.gob.mx/peticion/peticion.htm,
> vicente.fox.quesada at presidencia.gob.mx (UNCONFIRMED)
>
> GOVERNMENT AND JLCA OF PUEBLA
> Melquíades Morales Flores, Governor of the State of Puebla
> Office: 14 Oriente #1006, Colonia El Alto, Puebla, Puebla, México
> Phone: (52) (222) 213-8801
> E-mail: http://www.puebla.gob.mx/gobierno/escribealgobernador.html
>
> Antonio Zaraín García, Puebla Secretary of Economic Development
> Office: 4 Oriente #806, Centro Histórico, Puebla, Puebla, México
> Phone: (52) (222) 229-8200 ext. 2106
> Fax: (52) (222) 246-3359
> E-mail: antonio.zarain at puebla.gob.mx
>
> José Antonio López Malo, Puebla Sub-Secretary of Industrial Promotion
> Office: 4 Oriente #806, Centro Histórico, Puebla, Puebla, México
> Phone: (52) (222) 229-8200 ext. 2152
> Fax: (52) (222) 246-3359
> E-mail: antonio.lopezmalo at puebla.gob.mx
>
> Armando Toxqui Quintero, President
> Local Conciliation and Arbitration Board of Puebla
> Office: 7 Norte 205, Colonia Centro, Puebla, Puebla, México
> Phone: (52) (222) 232-2551
> E-mail: armando.toxqui at puebla.gob.mx,
> atq1969 at hotmail.com (UNCONFIRMED)
>
> CHARMING SHOPPES, INC
> Dorrit Bern, President, CEO and Chairman of the Board
> Office: 450 Winks Lane, Bensalem, PA, USA 19020
> Phone: (215) 245-9100
> Fax: (215) 638-6759
> E-mail: dorrit.bern at charming.com
>
> LIMITED BRANDS, INC
> Les Wexner, CEO and Chairman of the Board
> Office: Three Limited Parkway, Columbus, OH, USA 43230
> Phone: (614) 415-7000
> Fax: (614) 415-5008
>
> Samuel P. Fried, Company Attorney for Labor Affairs
> Office: PO Box 16000, Columbus, OH, USA 43216
> Phone: (888) 884-7218
> Fax: (614) 415-7188
> E-mail: sfried at limitedbrands.com
>
> Please send copies of your letters and any response you receive to CAT:
> catpuebla at yahoo.com.mx
>
>
>

--------------------------------------------------------------------------------



 Da: info at cleanclothes.org [mailto:info at cleanclothes.org]
> Subject: Update Tarrant México - Ajalpan: Legal recognition union
> denied, workers still without jobs
> 
> Second appeal for Action: Tarrant México - Ajalpan
> 
> Update: Legal recognition independent union denied, workers still
> without jobs
> 
> Dear friends,
> Please find below an update of the ongoing conflict regarding violations
> of the right to organize at the U.S.-owned Tarrant México - Ajalpan
> factory, which produces for such brands as Tommy Hilfiger, The Wet Seal
> and Limited. After workers at the factory took action to demand improved
> working conditions, management fired hundreds of workers, including most
> of the leaders of the newly formed independent union. Now, this union is
> unjustly denied a legal status by the Mexican board. The Mexican-based
> CAT (Centro de Apoyo al Trabajador; workers organizing centre), supports
> the workers and has requested international help. This aid is especially
> needed since the reinstallation hearings for the dismissed workers are
> set for October 15th and 23rd, and they cannot be represented by their
> union. Please increase the pressure on Tarrant clients, Tarrant
> management and the local government to make them ensure that workers'
> rights are respected. Contact information, as well as a sample letter,
> is included below. Please send your letters of concern today. Many
> thanks in advance.
> 
> CASE UPDATE
> (Source: CAT)
> 
> On October 6th, the Local Conciliation and Arbitration Board of Puebla
> (JLCA) denied legal registration (registro) to the Only Independent
> Union of Tarrant México Company Workers (SUITTAR). The three arguments
> given for denying the workers' petition for registro  were:
> · The original copy of the petition plus one photocopy were provided,
> when Mexican Federal Labor Law (LFT), Article 365 states that the
> original must be filed with "duplicate" copies.
> This reason for denial is a violation of the JLCA's legal responsibility
> to revise all submitted documents and notify the petitioners what is
> lacking before considering their petition, as is stipulated in LFT
> Articles 685 and 686. The JLCA never informed the workers or gave them
> an opportunity to correct their petition as it should have done when the
> documents were submitted, and instead proceeded directly to resolve and
> process the denial.
> · The date that the independent union was formed was the same as the
> date of the election of its executive committee representatives. The
> JLCA says these two events should have occurred on separate days.
> · Of the approximately 750 affiliated workers listed in SUITTAR's
> registro petition, the name of one of the representatives of the
> executive committee (María Guadalupe Martínez Gonzáles) does not
> correspond with a name on the union's list of affiliates (Maura
> Guadalupe Martínez Gonzáles).
> Again, the JCLA should have let SUITTAR know that some things weren't
> completely clear. Especially since it is obscure where it is stated that
> the forming of a union and elections of representatives cannot happen on
> the same day.
> 
> SUITTAR and its legal counsel will be appealing the registro decision
> and taking other action to pressure the government and the company to
> respect their legal rights to union freedom according to Articles 6, 9
> and 123 of the Mexican Constitution, Articles 133 and 354-385 of Mexican
> Federal Labor Law (LFT) and Conventions 11, 87, 135 and 141 of the
> International Labour Organisation (ILO). As part of its legal and
> political strategy to overturn the registro decision and come to a
> collective bargaining agreement, SUITTAR and its legal counsel will
> appeal the decision, a well-known Mexican labor lawyer will write an
> independent legal opinion of the decision and SUITTAR will pursue legal
> submissions before the National Administrative Offices of the North
> American Agreement on Labor Cooperation (NAO/NAALC), the ILO and the
> Organization for Economic Cooperation and Development (OECD). It is
> important to point out that the appeal could take six to eight months to
> be resolved, during which time it is essential for the local and
> international allies to continue using several legal and political
> tactics to pressure the government and companies. Further information on
> legal developments and strategy will be forthcoming.
> 
> The main campaign targets are now The Wet Seal, Federated Department
> Stores and Tommy Hilfiger because all three are important TAG clients at
> the international level. Levi Strauss has agreed to and followed through
> on many of the workers' demands, including personally contacting many of
> TAG's clients to inform them that the brand was denied access to monitor
> its Code of Conduct and that the factory ultimately decided to sever its
> business ties with Levi's.
> 
> Despite initial conversations, The Wet Seal has not yet indicated what,
> if anything, it is willing to do regarding the Ajalpan situation and the
> Code of Conduct and legal violations. And while Federated has responded
> to initial requests for intervention, its responses have been
> unsatisfactory. Federated will not "get involved" in "labor disputes"
> nor in factories where it does not currently produce a product, it does
> not "expect to do anything" about the Ajalpan situation in the future,
> and it has made it quite clear that its Code of Conduct does not include
> the right to freedom of association.
> Tommy Hilfiger appears to have removed its production from the factory,
> reportedly for "business reasons", and is refusing to respond to
> petitions to enforce its Code of Conduct.
> Therefore we call on all of our local and international allies to focus
> pressure on these three brands until they force Tarrant and the state
> and federal governments to uphold the brands' Codes of Conduct and
> respect Mexican and international law.
> 
> CALL FOR ACTION
> We would at this stage like to ask you to focus pressure on Tarrant
> Apparel Group's (TAG) major international clients - to force the factory
> to obey the law and the brands' Codes of Conduct - while copying this
> communication to the company and the federal and state governments. That
> way we can hopefully come closer to achieving the overall goal of
> signing a collective bargaining agreement between the workers' union of
> choice and the factory.
> 
> 1. Please contact The Wet Seal, Federated Department Stores and Tommy
> Hilfiger directly and send copies of your communication to the secondary
> targets given below. Insist that they:
> Contact TAG, the Mexican federal government and the Puebla state
> government to ensure that:
> a. The Ajalpan workers' rights to freedom of association are upheld,
> thus accepting SUITTAR's appeal, overturning the registro decision and
> legally recognizing the independent union. The JLCA violated LFT
> (Mexican Federal Law) Articles 685 and 686 stipulating its
> responsibility to revise all submitted documents and notify the
> petitioners what is lacking before considering the registro petition.
> b. The company shows up to the reinstallation hearings on October 15th
> and 23rd and that the illegally-fired workers are reinstated, according
> to LFT Chapter IV.
> c. The company signs a collective bargaining agreement with SUITTAR
> according to LFT Articles 386 and 439.
> · Work together with Levi's, Limited Brands, Charming Shoppes and other
> TAG clients to urge TAG and the Puebla state government to comply with
> the brands' Codes of Conduct and Mexican law.
> · Publicly cite the Worker Rights Consortium report as evidence of the
> illegal violations, see  www.workersrights.org.
> · Communicate directly with the workers and the CAT, for instance via
> catpuebla at yahoo.com.mx.
> 
> A sample letter can be found below.
> 
> THE WET SEAL, INC
> Peter Whitford, CEO
> Office: 26972 Burbank, Foothill Ranch, CA, USA 92610
> Phone: (800) 735-7325
> Fax: (949) 699-4046
> E-mail: peter.whitford at wetseal.com
> 
> FEDERATED DEPARTMENT STORES, INC
> James Zimmerman, Chairman of the Board
> Office: 7 West Seventh Street, Cincinnati, OH, USA 45202
> Phone: (513) 579-7000
> Fax: (212) 494-1838
> E-mail: jzimmerman at fds.com
> 
> TOMMY HILFIGER CORPORATION
> Dave Dyer, Company President and CEO
> Joel Horowitz, Chairman of the Board
> Tommy Hilfiger, Honorary Chairman of the Board and Principal Designer
> Office: 9/F Novel Industrial Building, 850-870 Lai Chi Kok Rd., Cheung
> Sha Wan, Kowloon, Hong Kong
> Phone: 852-2216-0668 (Hong Kong), 852-274-7798 (Hong Kong), (212)
> 840-8888 (New York)
> Fax: 852-2312-1368 (Hong Kong), 852-2371-2928 (Hong Kong), (212)
> 548-1965 (New York)
> E-mail: ddyer at tommy-usa.com, jhorowitz at tommy-usa.com,
> thilfiger at tommy-usa.com
> Code of Conduct Department: cbirchfield at tommyhilfiger.com
> 
> SAMPLE LETTER
> Please adapt and send the following letter:
> 
> Dear [insert name of company representative],
> I have recently received updated information regarding the illegal
> dismissals of hundreds of workers from the Tarrant México - Ajalpan
> factory in Puebla, as well as reports that workers at this facility are
> being prevented from exercising their legal right to free association.
> Specifically, the independent union SUITTAR was on October 6th unjustly
> denied legal recognition.
> The company's and labour board's actions against the workers, and the
> leadership of the union, violate Mexican labour laws (the right to
> organize), as well as fundamental workers' rights and constitute a human
> rights violation. Workers at Tarrant are entitled to be represented by
> the union of their choosing, without intimidation or discrimination.
> 
> I therefore fully support the workers in this matter. I urge you to take
> responsibility and:
> · Immediately contact Tarrant management, the Mexican federal government
> and the Puebla state government to ensure that:
> a. The Ajalpan workers' rights to freedom of association are upheld,
> thus accepting SUITTAR's appeal, overturning the registro decision and
> legally recognizing the independent union. The JLCA violated LFT
> (Mexican Federal Law) Articles 685 and 686 stipulating its
> responsibility to revise all submitted documents and notify the
> petitioners what is lacking before considering the registro petition.
> b. The company shows up to the reinstallation hearings on October 15th
> and 23rd and that the illegally-fired workers are reinstalled, according
> to LFT Chapter IV.
> c. The company signs a collective bargaining agreement with SUITTAR
> according to LFT Articles 386 and 439.
> · Work together with Levi's, Limited Brands, Charming Shoppes and other
> TAG clients to urge TAG and the Puebla state government to comply with
> the brands' Codes of Conduct and Mexican and international law.
> · Publicly cite the Worker Rights Consortium report as evidence of the
> illegal violations, see  www.workersrights.org.
> · Communicate directly with the workers and the CAT, for instance via
> catpuebla at yahoo.com.mx.
> 
> For your information, I am also contacting the factory's management, the
> governor and JLCA of Puebla to share my concerns with them.
> 
> Thank you for your consideration. I appreciate your prompt attention and
> action, and hope that you will take the necessary steps to bring about a
> resolution to this matter that is to the satisfaction of the workers and
> in compliance with the law.
> 
> Sincerely,
> 
> [insert name/organization here]
> 
> 
> 2. Please copy the following secondary targets in the Cc: line of your
> communications to The Wet Seal, Federated and Tommy Hilfiger. Please
> note new and updated contact information below.
> TARRANT APPAREL GROUP
> Gerard Guez, Chairman of the Board and CEO
> Office: 3151 E. Washington Blvd., Los Angeles, CA, USA 90023
> Phone: (323) 881-0335, (323) 780-8250
> Fax: (323) 881-0379
> E-mail: gguez at aol.com (NEW), gerard.guez at tags.com
> 
> TARRANT MÉXICO / UNITED APPAREL VENTURES
> Kamel Nacif Borge, Major Stockholder
> Office: Edgar Allen Poe #231, Colonia Polanco, México, D.F., México
> CP 11550
> Fax: (52) (55) 5255-1009
> E-mail: kamel.nacif at tags.com
> 
> Corazón Reyes, Corporate Compliance (NEW)
> Silvia Davila, Compliance Coordinator (NEW)
> Tlaxcala Office
> Phone: (52) (248) 482-8400 ext.4114
> Fax: (52) (248) 482-8439
> E-mail: corazon.reyes at tags.com, silvia.davila at tags.com
> 
> Gabriela Bringas, Administrator
> Tarrant México - Ajalpan
> Office: Carretera Tehuacán - Teotitlan, Km. 18
> Ajalpan, Puebla, México CP 75910
> Phone: (52) (236) 372-5000 Main line, (52) (236) 372-3042 Bringas's line
> Fax: (52) (236) 381-1008 (NEW)
> E-mail: tarrant.ajalpan at tags.com, gabriela.bringas at tags.com
> 
> 
> AZTECA PRODUCTION INTERNATIONAL
> INNOVO GROUP
> Paul Guez, President
> Hubert Guez, CEO
> Azteca Office: 5804 East Slauson Avenue, Commerce, CA, USA 90040
> Azteca Phone: (323) 890-9660
> Azteca Fax: (323) 890-9680
> Innovo Office: 5900 S. Eastern Avenue, Suite 104, Commerce, CA, USA 90040
> Innovo Phone: (323) 725-5516 ext.646 (NEW)
> Innovo Fax: (323) 725-5504 (NEW)
> E-mail: pguez at innovogroup.com (UNCONFIRMED), iaa at innovogroup.com,
> paul.guez at tags.com (UNCONFIRMED)
> 
> SECRETARÍA DEL TRABAJO Y PREVISIÓN SOCIAL
> Carlos Abascal Carranza
> Office: Periférico Sur, No. 4271, Edificio A, Piso 4, Colonia Fuentes
> del Pedregal, D.F. México, México, CP 14149
> Fax: (52) (55) 5645-5594
> E-mail: buzon_abascal at stps.gob.mx (NEW)
> 
> PRESIDENTE DE LOS ESTADOS UNIDOS MEXICANOS
> Vicente Fox Quesada
> Office: Palacio Nacional, México, D.F., México, CP 06067
> Fax: (52) (55) 5540-3713 / 2577-2376 / 5522-9413
> E-mail: http://ciudadano.presidencia.gob.mx/peticion/peticion.htm,
> vicente.fox.quesada at presidencia.gob.mx (UNCONFIRMED)
> 
> GOVERNMENT AND JLCA OF PUEBLA
> Melquíades Morales Flores, Governor of the State of Puebla
> Office: 14 Oriente #1006, Colonia El Alto, Puebla, Puebla, México
> Phone: (52) (222) 213-8801
> E-mail: http://www.puebla.gob.mx/gobierno/escribealgobernador.html
> 
> Antonio Zaraín García, Puebla Secretary of Economic Development
> Office: 4 Oriente #806, Centro Histórico, Puebla, Puebla, México
> Phone: (52) (222) 229-8200 ext. 2106
> Fax: (52) (222) 246-3359
> E-mail: antonio.zarain at puebla.gob.mx
> 
> José Antonio López Malo, Puebla Sub-Secretary of Industrial Promotion
> Office: 4 Oriente #806, Centro Histórico, Puebla, Puebla, México
> Phone: (52) (222) 229-8200 ext. 2152
> Fax: (52) (222) 246-3359
> E-mail: antonio.lopezmalo at puebla.gob.mx
> 
> Armando Toxqui Quintero, President
> Local Conciliation and Arbitration Board of Puebla
> Office: 7 Norte 205, Colonia Centro, Puebla, Puebla, México
> Phone: (52) (222) 232-2551
> E-mail: armando.toxqui at puebla.gob.mx,
> atq1969 at hotmail.com (UNCONFIRMED)
> 
> CHARMING SHOPPES, INC
> Dorrit Bern, President, CEO and Chairman of the Board
> Office: 450 Winks Lane, Bensalem, PA, USA 19020
> Phone: (215) 245-9100
> Fax: (215) 638-6759
> E-mail: dorrit.bern at charming.com
> 
> LIMITED BRANDS, INC
> Les Wexner, CEO and Chairman of the Board
> Office: Three Limited Parkway, Columbus, OH, USA 43230
> Phone: (614) 415-7000
> Fax: (614) 415-5008
> 
> Samuel P. Fried, Company Attorney for Labor Affairs
> Office: PO Box 16000, Columbus, OH, USA 43216
> Phone: (888) 884-7218
> Fax: (614) 415-7188
> E-mail: sfried at limitedbrands.com
> 
> Please send copies of your letters and any response you receive to CAT:
> catpuebla at yahoo.com.mx
> 
>