|
|
|||||||
|
|
|||||||
|
watch videos - http://www.youtube.com/watch?v=2OCuPPdth40
May 5, 2009
TMPCWA Celebrate The International Labor Day May 1, 2009 TMPCWA celebrates the international labor day by joining the regional center of workers in the Southern Tagalog region PAMANTIK-KMU. The members of TMPCWA started to assemble at Crossing Calamba, Laguna at around 9:00 in the morning to have short discussion on updates of the Struggle. In the Afternoon, TMPCWA joins the regional workers activity on the same place. While TMPCWA are very busy in celebrating the very important day of the workers in fighting demands of workers to bring to the public, the TMPCLO are busy doing the summer outing for their members. The TMPCLO together with the supervisory union and Toyota management are encouraging the members, to go to the resort and to swim. This is how these conniving yellow-union and the sweat-heart Toyota management are diverting the Toyota workers initiative.
LONG LIVE THE WORKERS OF THE WORLD!
March 17, 2009
TMPCWA STAGE PROTEST ACTION IN FRONT OF TOYOTA
Yesterday, March 16, 2009 TMPCWA stage protest in commemoration on the eight (8) years of illegal dismissal of Toyota management to some 233 members of TMPCWA last March 16, 2001. The protest started at around 2:00 in the afternoon at the central terminal on public vehicles in Balibago Complex, Sta. Rosa, Laguna and stage one hour program by informing the public and exposing the illegal activities of Toyota against the workers and its continuing violation on the workers rights. After the program, TMPCWA, together with other unions who send delegations in support to the action of TMPCWA are marching along the road of Barangay Pulong Sta. Cruz going in front of Toyota Sta. Rosa factory. The workers from inside also join the illegally dismissed protesters after their working hours in support the actions of TMPCWA. Some workers riding in the shuttle busses have went out and witnessed the successful activity of TMPCWA. Illegally dismissed workers reminding them that TMPCWa still continuing the struggle and even in the eight years of sufferings because of massive unemployment of the illegally dismissed members, the fight will still continue. There are many policemen arrive in the scene. Toyota called assistance from the provincial police thinking that the workers will afraid in their presence. The workers shouted and booing the police and shouted not to listen in the dictate of Toyota.###
February 18, 2009
Watch the video of TMPCWA members still working inside the factory staging protest action inside the canteen of Toyota Sta. Rosa Plant. Please copy the URL and paste to browser or click the link below:
http://www.youtube.com/watch?v=2OCuPPdth40
Support Group of TMPCWA in Japan, Launch Protest Action in Front of Toyota Aichi Prefecture and Toyota Tokyo Headquarters condemning the inhuman activity of Toyota to the members of TMPCWA. The Protesters are demanding the immediate reinstatement of the illegally dismissed members of TMPCWA and a negotiation to discuss the resolution of the more than eight years of labor dispute between toyota and the TMPCWA.
TMPCWA members still working in Toyota Factory in Sta. Rosa Philippines launch protest action in support of the coordinated protest action from the illegally dismissed workers and the protest action in Toyota Tokyo headquarters in Japan and in Toyota Aichi prefecture in February 11 and 14, 2009.
This photos was taken inside the canteen of Toyota Sta. Rosa plant. Dayshift workers and members of TMPCWA during the protest last February 13, 2009 between 11:00am-1200nn.
February 11, 2009
TMPCWA LAUNCH REGIONALLY COORDINATED PROTEST ACTION AGAINST TOYOTA IN FRONT OF THE JAPANESE EMBASSY IN CONNECTION WITH THE PROTEST ACTION OF THE SUPPORT GROUP FOR TMPCWA IN JAPAN IN FRONT OF THE TOYOTA TOKYO HEADQUARTERS AND TOYOTA AICHI PREFECTURE IN JAPAN.
Today February 11, 2009, TMPCWA stage a regionally coordinated protest action in front of the Japanese Embassy. There are lots of workers supports the protest including workers under Japanese owned factories who are experiencing same situations as TMPCWA.
Car workers alliance - Coalition of Autoworkers and Related Industries Against Imperialist Domination (CAR-AID) was also present to support the action of TMPCWA. Local Unions from Nissan, Honda, Keihin, Enkei, Chiyoda are all unions under Japanese corporations who also sent delegation to support TMPCWA and also to address all their problems under the unfair treatment of the Japanese companies to the workers.
Tomorrow, there will be a dialogue from the workers side and the Embassy officials to discuss the problem of the workers. The dialogue was initiated by TMPCWA.
After the Protest action in the Japanese embassy, all workers are proceeded to the Department of Justice, the Court of Appeals and the Office of the Secretary of the Department of Labor and Employment to address all the concerns of the workers against Trade Union repression and political persecutions and killings.###
February 9, 2009
Dear All,
Please Check this article from Protest Toyota Campaign. This is an interview
of the Japanese Magazine to TMPCWA-President which translated in English. ===================
Dear friends
We are pleased to present you the new issue of our newsletter “Protest Toyota Campaign” after long silence. We stopped the publication when TMPCWA launched its website as we respect TMPCWA’s work. In the meantime, the situations surrounding TMPCWA are getting more and more serious, such as stationing of the army unit near the union office and attempted assassination of Chair Ed. Ed talked about all the details to the interviewer in Philippines. The story was published in the January 2009 issue of Japanese magazine "Sekai (meaning the world)". We received many requests for English translation of the whole story. So here is what you requested. Before we start the interview, I brief you on the present Toyota. On January 29, Toyota Motor Corporation announced that the company would make the consolidated operating loss of 400 billion yen for the 2008 fiscal year (April, 2008 - March, 2009). It is the rapid downfall from the large profit in excess of 2 trillion for the past two successive years. Financial crisis slowed down the world car markets which then hit the operation of Toyota directly. Only in 2008 Toyota was the king of world car makers selling 8,970,000 cars exceeding GM, while it is heading into slump in 2009. Toyota also announced that it will cut the production in half at its major plants in Japan from the previous year starting this February. This is the same level of production as that of 30 years ago, when Japan was hit by the second oil crisis. So the lay-off of workers is in the picture. Last fall, Toyota was the first to lay off many workers of non-regular employment especially dispatch workers. Other automakers followed the suit. Today, Japan has big problems of unemployment of non-regular workers en masse. Possibly Toyota would go ahead with the lay-off of regular workers as the second step, which will be followed by other Japanese automakers. Productions overseas, such as plants in North America, are also being cut down. So, Toyota Philippines could be the next plant to close down due to the continued labor disputes.
########################## Protest Toyota Campaign Newsletter 11 February 2008 ##########################
Doesn't Toyota lend an ear for workers' voice? -Interview with President Ed Cubelo of TMPCWA(Toyota Motor Philippines Corporation Workers Association) under the threat of assassination
******************************************************************************** Introduction and Interview by Haruhi Tono On August 22, 2008, at Makati Shangri-La Hotel in Manila, TMPC (Toyota Motor Philippines Corporation) celebrated the 20th anniversary of its business operation in Philippines with invited guests of 600 from all sectors in Philippines.
VIP guests toasted to the grand occasion on the platform. In the center stood petite President Arroyo with Mr. George Ty, Chairman of TMPC, Mr. Fujio Cho, Chairman of TMC (Toyota Motor Corporation), Mr. Toshihiro Soejima, Vice President of Mitsui & Co., Ltd., Mr. Akira Okabe, Senior Executive Director of TMC in the left and Mr. Peter Favila, Secretary of the Department of trade and Industry, Mr. Ambassador Makoto Katsura, Mr. Hiroshi Ito, President of TMPC and Mr. Yasuro Takeuchi, President of Toyota Auto-Parts Corporation in the right. The picture of the smiling faces was on the cover page of the newsletter of TMPC.
At this instant, assassins were creeping up on Ed Cubelo (37 years old), President of TMPCWA. I hope you recall TMPCWA labor dispute reported in the December, 2006 issue of this journal under the title "What is Toyota doing in the Philippines?" The outline is as follows;
TMPCWA was registered as an independent trade union in 1998. It was certified as the representative of the workers with the right of collective bargaining in March, 2000 by the Certification Election, but TMPC refused to negotiate with them. The Secretary of DOLE (the Department of Labor and Employment) held the public hearing in February, 2001. Over 300 union members participated in the hearing without TMPC’s permission of vacation because they believed that the hearing would be crucial for the progress of their labor dispute. On March 16, the Secretary of DOLE made the final ruling in favor of TMPCWA, giving the right of collective bargaining to TMPCWA.
On the same day, however, TMPC discharged 227 members (later added to 233 members) on the ground of absenteeism in violation of company regulations because they participated in the hearing. The union went on strike for two weeks demanding the withdrawal of members' dismissal.
TMPC put pressure on President Arroyo threatening that the industry might leave from Philippines unless the labor dispute was resolved immediately. While the difficult situations continued to the distress of union members, support from the international community came and spread.
On the other hand, TMPC made a Collective Bargaining Agreement (CBA) with the pro-industry union TMPCLO (Toyota Motor Philippines Corporation Labour Organization) in November, 2006, boxing TMPCWA in the corner.
According to KARAPATAN, a human-rights and ex-political-prisoner advocates' organization, the number of political killing dropped sharply to 69 in 2007 from 209 in 2006, under the pressure of protest from the international society. However, the number rose again in 2008, when 20 were killed in the period from January through June, with addition of 23 in three months of July through September, making the total of 43 victims. Some say that as the international interest is waning, assassins have become more active.
The interview with Mr. Ed took place in Manila on November 7,2008. Southern Tagalog region is the base of TMPC. It is known as dangerous region of concentrated murder incidents similar to the regions of Central Luzon and Bikol. We must keep in mind that some victims are workers for Japanese industries. Political killings in Philippines are not ending. ********************************************************************************
Crisis of Political Killing
Tono: On August 22, 2008 TMPC held a gorgeous party in commemoration of the 20th anniversary of its operation at a fancy hotel in Manila. Mr. Ed, please tell me what happened to you on that day.
Ed: I attended the workshop cosponsored by IMF (International Metalworkers' Federation) and MWAP (Metal Workers Alliance in the Philippines) on that day. An ＳSMS-message came in my cellular phone from my wife around 5:30 p.m. while I was on my way to Manila with some of our oversea guests. It said, "You should be careful. A suspicious man is sneaking around our house.”
My brother-in-law and father noticed a strange man and kept a close look at him because he seemed to be sending SMS continuously while walking around our house. He was gone for an hour or so in the early afternoon. Then he was back again and started to send SMS while he was moving from one position to another, looking around and into our house. Then he disappeared again. He was back again at about 5:00 pm.
So my brother-in-law attempt to ask him what he was doing. He suddenly hurried away and walked fast until he came to the highway where another strange man was waiting in the motorcycle without the license plate. The first man rode on the back seat of the motorcycle which sped away. The driver covered his face with a helmet.
T: It sounds like a typical case of attempted assassination in Philippines, usual style of extra-judicial killings.
E: That's right. I have heard a lot about union leaders being murdered in the past years. My experience has many common elements with those in the past incidents. I was very much worried when I received the message from my wife. Then the fear struck me that I could be killed like many others. But the fear did not last long. It seemed that my family was more scared and worried than I was. They thought they were in the state of “emergency" of being close to the death of the family member on the day. They were waiting for me in front of the house. My wife was most worried. For several weeks after the incident, my eldest son (16), the eldest daughter (15), and the brother-in-law took turns as guard standing in front of the house looking out every day.
When I came home after long absence, I saw members of my family taking turns walking round the house to see if there is any suspicious man. Even younger children of 11 year-old and 13 year-old seem to understand what happened. Although they never talked about fears or worries, they rush to the scene whenever they hear a car and a motorcycle stop in front of the house, because they want to be sure about who is there right away. Moreover, when a stranger questions them about me, they keep their mouth shut.
T: TMPCWA, of which Mr. Ed Cubelo is President, is active in the region of Southern Tagalog. There are many other leaders from trade unions, farmers' groups and urban poor who struggle in this area. To them, the situation is as difficult as that of Ed. They cannot go home for weeks and months.
E: Southern Tagalog is an industrial region where industrial complexes are concentrated where many people work every day. More and more workers organize their trade unions to protect their rights. At the same time, tensions and conflicts between investors and trade unions are growing fast. As the local government likes the increased tax revenue from major industries, they tend to develop the region in the manner which caters to the need of the industries.
T: I have heard that many became victims of political killing or survived attempted assassinations.
E: According to CTUHR (the Center for Trade Union and Human Rights), a little more than 180 people became the victims of political killing in Southern Tagalog after Mrs. Arroyo took the office of president. Among the murdered, about ten were labor activists. What shocked and saddened us most was the assassination of Diosdado Fortuna, who was shot to death in September, 2005. Mr. Fortuna, chairman of the Nestle labor union, was also the chairman of PAMANTIK (Solidarity of workers in Southern Tagalog-KMU). He was very much respected and loved by workers.
In March this year, Gerardo Cristobal, former President of EMI-Yazaki union was shot to death after having survived two attempts of assassination. Also in the past, another labor leader of the Yazaki trade union were shot to death. I also hear that activists are under strict surveillance at Yazaki.
T: Yazaki is a subsidiary of Yazaki Corporation in Japan, which is a partner company of Toyota Motor Corporation in Japan. EMI-Yazaki employs 7000 to 8000 workers, and it is the manufacturer of the wire harness of auto-parts. EMI-Yazaki union is a militant union which plays an important role in the labor movements in Cavite State which has many strong unions comparable to those in Southern Tagalog.
E: Honda Motor Philippines trade union is known as a militant union in Laguna Province and its president was attacked by assassins. Chairman Romeo Legaspi, who is also the chairman of PAMANTIK, was followed by two men on the motorcycle in October, 2005. They covered their faces with balaclava. Chairman Romeo was also riding his motorcycle at the time. The two men approached him and told him to stop. Sensing the imminent death if he had stopped, he continued to drive on and run away. They almost caught up with him near the Toyota Plant in Santa Rosa. But he sped up his motor bike to make a desperate escape and finally managed to run into the factory of Honda in the Laguna Techno Park.
There was a demonstration around the Department of Justice in Manila on November 5 protesting the warrants which were issued for the arrest of 72 activists in Southern Tagalog. Vice chairman of a garment union was with the demonstration. When he and his brother-in-law came home, two men with helmet covering their faces showed up and shot them twice with the handgun of 45 calibers. Fortunately none of them were hurt.
Criminal prosecution based on the fabricated charges
T: Activists in Southern Tagalog must live in the state of perpetual fear and anxiety due to frequent incidents of murder and attempted murder.
E: Yes, activists in Southern Tagalog are very careful and take double and triple precautions against assassination attempts. In addition, we now face the increasing risk of being accused of a criminal on fabricated charges. In late October, arrest warrants were issued to so-called ST72, 72 activists in Southern Tagalog, with the charges of multiple murder and attempted frustrated murder. The police held 72 activists responsible for the death of policemen of the Philippines National Police during the uprising of NPA (New People's Army) in Mindoro in March, 2006. These 72 are workers from different sectors, of which some are lawyers and researchers at research institutes. 11 labor activists received the arrest warrants including Mr. Romeo, the above-mentioned Chairman of Honda union as well as PAMANTIK and Ms. Luz Baculo, Secretary General of PAMANTIK. All of them claim that charges are fabricated.
For example, Mr. Romeo has been threatened by attempted assassination. So simple daily routine of going to work and coming home was dangerous to him.. However, at the time of uprising in Mindoro, he was working at the company with his colleagues. Moreover, some people claim that they have never been to Mindoro in their life while some others claim that they were sick in bed.
T: How many people have been arrested so far?
E: Yesterday, another man was arrested. Five men seem to have been taken into custody at the base of armed forces in Canlubang. After going through procedures, they will probably be transferred to Mindoro. The rest of them are hiding, but some appear at protest rallies to appeal to the public about the fabricated charges.
Presence of a Military Detachment in the Neighborhood of the Trade Union Office.
T: Another shocking thing is that a military detachment came to your neighborhood and was stationed near the union office in Santa Rosa since the beginning of this year. Could you tell me how it happened?
E: Barangay (the smallest local government unit in the Philippines) where our union office is located is called Pulong Santa Cruz. Barangay covers the wide area where Toyota factories, Nissan factories, and Coca-Cola plants are located. In January, 2008, Mayor of Santa Rosa sent a letter to the Chief of Barangay, requesting him to give permission to the deployment of the Unit 202nd of the National Army. And the Chief responded by an unofficial letter that Barangay agreed to the deployment of the Army as part of community service. The Community Service usually means the deployment of a medical support unit, crime prevention activities and other duties of the army. That is how Unit 202nd came to be stationed 50 meters away from our office since January, 2008.
On the morning of January 24, three uniformed soldiers came to the door of the union office for the first time, and summoned a person inside. There was only a trainee who rented a bed in the office. He said that he got questioned like "Does this office make a banner of KMU?" and "When they call each other, do they call each other by attaching KA ? " KA is a prefix to indicate “comrade". Members of Communist Party call each other like that. Of course, there is no such fact .We do make banners of our union, however
When they appeared for the second time in the morning of February 4, our members handled them. One of them said, "We want to question you about the national census." Our member responded by saying "The Office of National Statistics should be responsible for the census. It is not the job of the military establishment. Please go to the town office if you desire to know about national census." The surveillance continued on and around the union office ever since.
Some of the military men stay in the army post, while others sleep in the quarter at the TMPC premise, from where they go to the army post. So, there are many military men who come and go as they please in the factory of Toyota. I have heard that those military men were sent from the outside of Laguna for intelligence purpose.
T: General Jovito Palparan, commander of the Unit 202, is described as the mastermind of many political killings in the reports.
E: We believe that they have been stationed somewhere in the vast premise of Toyota since last year. Some heard from the factory guard that there is a quarter for the military men in the Toyota premise.
It seemed that the military has been preparing for the construction of the army post for their contingent force by investigating the union office and its neighborhood. But they rarely showed up in public, especially before the workers. The workers saw the uniformed men come and go by car inside the premise.
T: I suppose that it must have been long since you first saw military men walking in and around the Toyota factory.
E: We began to see them around when the certification election took place in February, 2006. Workers wondered why there were uniformed men in the factory. Moreover, some of the union members got questioned about the names of TMPCWA members.
H: I noticed a police station right next to the main gate of Toyota factory.
E: Five policemen are stationed there. They are dispatched from the Laguna State headquarter of PNP (Philippine National Police). They have not done any harassment to the union or its members so far. But when workers demonstrate in front of the factories of Toyota, Nissan, or Nestle etc., they rush to the scene and watch the workers.
TMPC hires Military Officials as Consultants to Obstruct Union Activities.
E: It was the traditional business practice of TMPC to hire high ranking military officials as consultant since its foundation. For example, the first consultant was General Angel Kanapi, a high official of the Philippines Military Academy. Now, General Dionisio Santiago is the Consultant, who is former Commander of the Armed Forces of Philippines. Some other former military officers were working for TMPC in the security section. Not only Toyota but also other multinational corporations hire military personnel as Consultant. Justification for the practice is the countermeasure against the union movement. TMPC executives seem to expect that former military officers are useful in providing TMPC with protections in many ways, when the labor dispute gets tough.
T: You told me that handbills were distributed in the factory, carrying defamatory messages about TMPCWA in August 2008.
E: Yes, that's true. Although there was no signature on the handouts, we tend to think that those bills were made and distributed by the management of TMPC. The handbills were placed everywhere including ID card checkers and production lines where most people come around. The handbills say that TMPCWA is affiliated with the Communist Party. So dismissed workers who belong to the union are under the influence of the Communist Party. Probably there are two objectives in distributing such handbills. The first one is to intimidate the workers. The other is to give the impression that even if we became the victims of political killings, it is our fault because we are the enemy of the country. TMPC wants to show that it has nothing to do with the killings of union members.
T: What do union members think of the presence of the military unit in their neighborhood?
E: Some of them are afraid, others are angry at the harassment, and still others complain that they are treated like criminals. Some residents in the region express dissatisfaction saying "Why are the military men here instead of performing their duty in a battlefield? “ As a matter of fact, majority of residents were very much afraid. The area is practically under martial law without proclamation.
T: Could you let me know the size of the detachment of the Unit 202 and whether or not it is deployed somewhere else outside Santa Rosa?
E: An ordinary detachment consists of about 60 soldiers. The Unit 202 detachment is stationed in Cabuyao as well as in Santa Rosa. Nestle Philippines is located in Cabuyao. So the Unit 202 was stationed inside the factory of Nestle to supervise the activities of the Nestle trade union before they came to TMPC. As mentioned previously, many union activists of Nestle as well as urban poor live in the relocation housing project in Southville in the vicinity of the Nestle’s factories.
T: Deployment of the military unit in the premise of the industries and the crisis of political killings are not limited to TMPCWA or Southern Tagalog. We have to look into the matter in view of much larger political background, specifically, national strategy called Oplan Bantay Laya (Operation Freedom Watch).
E: It is said that Opland Bantay Laya started in 2001. But I also heard that it is a copy of a US plan, which was developed to suppress the dissidents. Its aim has become more comprehensive; not only NPA (New People's Army) but also leaders of labor movements became the targets. As of today 900 men were victimized by political killing. Philippine people started to raise the voice of condemnation against the Government.
Yet President Arroyo decided to extend Oplan Bantay Laya to 2010 instead of ending it in 2006. She considers it as the pillar of her political strategy to suppress dissidents in cooperation with the U.S. untill 2010, when her term expires. In Oplan Bantay Laya II, she changed her strategy from political killing to political prosecution. Like ST72 which was mentioned previously, she would fabricate the criminal charges so as to intimidate activists and to weaken the movements.
Judgment which nullified the rights of workers.
T: Since 2001 TMPCWA has been struggling in three law suits in connection with unfair dismissal of employees, right of collective bargaining, and criminal charges. The lawsuits have been shelved for a few years. Now they receive unfavorable rulings one after another after the DOLE ruled that TMPCLO had the right of collective bargaining in July, 2006.
E: When the members of TMPCWA were dismissed on the ground of violation of company regulations, the union appealed to NLRC (National Labor Relations Commission) that dismissal was unjust, while TMPC argued that the strike of TMPCWA was illegal. NLRC's ruling was in favor of TMPC although it did order TMPC to pay severance pay.
When TMPCWA appealed to the Court of Appeal, the Court first ruled that TMPC does not have to pay compensation as long as employees’ dismissal was caused by illegal strike. But the union appealed to the Court of Appeal for reconsideration, to which the Court delivered the second ruling that TMPC has to pay the compensation. Furthermore, it was appealed to the Supreme Court and the Supreme Court delivered the judgment in October, 2007. The judgment said that TMPC did not have to pay the compensation because the workers were dismissed on the ground of an illegal strike. The Court went so much as to say that the strike was anachronism.
Although TMPCWA filed an appeal for reconsideration to the Supreme Court, the appeal was dismissed in April this year. So TMPCWA submitted a petition that the case should be examined by the grand bench. But the petition was rejected. So the judgement of the Supreme Court has become final and binding. Amazing thing about the judgment is a ruling that the company regulations are more important than the constitution which guarantees workers' right of association. We consider this judgment as the slaughter of workers' rights.
T: What happened to the case where TMPCWA was denied the right of collective bargaining?
E: The Secretary of DOLE intervened, resulting in the final arbitration which gave TMPCWA the right of collective bargaining on March 16, 2001. TMPC, dissatisfied with the arbitration, appealed to the Court of Appeal, demanding temporary restraining order followed by preliminary injunction which they obtained in the end. TMPCWA appealed to the Supreme Court with a complaint that the preliminary injunction of the Court of Asppeal was invalid. The Supreme Court ruled that preliminary injunction was unlawful and ordered TMPC to start the negotiation with TMPCWA in September, 2003. Then, TMPC appealed to the Supreme Court for reconsideration, which was rejected. So the ruling was made final in January, 2004. However, TMPC refused to negotiate with TMPCWA on the excuse that the major lawsuits were still pending at the Court of Appeal.
With regard to the right of collective bargaining, TMPCWA was struggling in two lawsuits filed by TMPC which refused to negotiate with TMPCWA. In 2006, TMPCWA newly filed two lawsuits against TMPCLO, TMPC, and DOLE with regard to the new election for the certification of trade unions in February, 2006.
In September, 2007, recommendation was made to unify the four lawsuits, which all the parties involved complied and took appropriate procedures. Recently in April, the Court of Appeal ruled that TMPCWA does not have the right of collective bargaining on the grounds that TMPCLO won the certification election. TMPCWA is filing an appeal to the Court of Appeal for reconsideration of the case.
T: What happened to the criminal charges?
E: This is about an incident which took place in April of 2001. The security guards of TMPC accused 26 dismissed workers, who belong to our union, complaining that they intimidated the guards by glaring and throwing dirty languages at them during the strike of TMPCWA in April, 2001. As TMPC filed official charges, we paid the bail to avoid the arrest of our members. As of now, we passed the stage of pleading not guilty. But the case is still pending. Eventually ten out of 26 decided to receive the compensation for their dismissal. Their charges were dropped right away.
T: What are the reactions of dismissed union members to the unfavorable ruling of the Supreme Court?
E: When the ruling was made final in August, we had a gathering; and we heard different reactions from the dismissed workers. Some said that workers can no longer expect favorable ruling as the Supreme Court was under the influence of Toyota. Others worried about the impact of the ruling on the future of our movement. And still others were depressed that no justice would prevail from now on. We discussed further on many occasions and reached the consensus that we should stay united and continue to fight against TMPC for the reinstatement of workers in other ways than legal means now that we lost the case at the court. TMPC continues to pay the compensation to the dismissed workers. But 97 members of our union refuse to receive the payment and continue to be active members of TMPCWA.
T: I understand that TMPC employs 1200 regular workers and 500 irregular workers at their factories. I also heard that 102 members of TMPCWA are still working in the factory. I wonder if they were harassed by the management.
E: They have been harassed by the management in many ways. The worst of its kind struck Vice President Wenecito Urgel who is the leader of the factory workers. He was taken off the production line where he had worked as a painter. He has no regular work. Every day he is given a odd job or two like sweeping the factory floors. As many union members tried to contact him by phone, the management made arrangements to prevent him from using TMPC phones. Also when he goes to a toilet, a security guard accompanies him.
Other members, especially leaders, were also taken off the production line on the excuse of “KAIZEN", and the contract workers took over their work. The Grievance Committee was set up consisting of union leaders of TMPCWA and others inside the factory. They often refused to take up the complaints of our members saying that TMPCWA does not have the right of collective bargaining. Yet we use this mechanism to bring up the problems of workers to the management. TMPCWA also submitted the complaints about the harassment on its members to Department of Labor and Employment.
T: I understand that TMPC has introduced contract workers and started outsourcing .
E: There is a move to reduce the number of regular workers. Starting this year, regular workers were taken off the waste water treatment and forklift maintenance sections replacing them with outsourcing. Regular workers are being removed from the workshop.
T: What is the reaction of TMPCLO to outsourcing?
E: TMPCLO says that outsourcing is a necessity for the survival of TMPC .But some members of TMPCLO are critical about their union's position which defends TMPC.
For the Future.
T: What did Toyota Japan and the Japanese Government say about the possible assassination of yourself and the presence of the military detachment ?
E: We sent a letter to President Katsuaki Watanabe informing the presence of the military detachment in February, but we received no reply. When we visited Japan in September, we met an official at Tokyo headquarter and told him what happened to me on August 22. The official told me that Toyota is going to investigate the matter.
We also met a governmental official, who is an NCP (national contact point) in Japan for OECD Guidelines for Multinational Enterprises. In 2004, we submitted complaints about the practice of TMPC in violation of the OECD Guidelines. However, the Japanese NCP has not taken any concrete measures to improve the situation. I told him about the possible assassination attempt on me and the presence of the military detachment. His answer "Is there a concrete evidence for that” made me very angry. So I said, “Isn't it your job to come to Philippines and investigate the truth?" It seemed to me that neither Toyota Japan nor the Japanese Government is concerned with those two incidents.
T: What demand do you have toward Toyota or the Japanese government?
E: Toyota is not tackling the issue seriously enough in the first place. Toyota Philippines completely ignored the ruling of the Supreme Court in September, 2003 to start the collective bargaining with TMPCWA. We are determined to continue to fight until we get what we want, campaigning hard in and outside Philippines.
I suspect that the Japanese government is very much influenced by Toyota. Since all that Japanese Government seems to care about is Toyota, we sort of gave up on her. However, if you insist, I would say that the Japanese Government should exercise her power and authority to guide Japanese multinational companies in the direction that they would respect more of local laws in the country in which they are operating.
T: You have reported the possible assassination attempts to ILO. What is the reaction from ILO?
E: With regard to political killings, ILO stated that “the Committee requests the Government to take all necessary measures to guarantee the security of the TMPCWA officials and to keep it informed in this respect in the Introduction to the Report of CFA of June, 2008 “. I hope that ILO will dispatch a high-level investigative mission to find out the military involvement in the labor dispute.
T: What appeal would you like to make to Japanese people?
E: I hope that all the trade unions, citizens' groups, and human rights groups would continue to support the struggle of TMPCWA. If possible, please send an investigative team to Philippines to make a field survey of the labor situation in Philippines. I also would like Japanese Diet members to visit Philippines and meet our progressive lawmakers here so that they can help recover justice of not only TMPCWA but also all the workers whose rights have been deprived of.
T: It looks like that the situations are getting even more difficult in these days, such as unfavorable judgment, presence of a military detachment. What are your plans for the future?
E: It is most important that all the union members get united so that we can continue our struggle. And I would like to establish solidarity of local workers in cooperation with local labor movements in the area. For instance, in March 2008, we walked from Laguna to Manila for five days so that inhabitants of the area would know there are three major labor movements of Toyota, Nissan, and Nestle in the area before we protested the government. Many union members of TMPCWA marched along with many from trade unions in the same area. On the last day in Manila, 400 workers visited Toyota Dealers shops, DOLE office, Japanese Embassy, High Court and the Supreme Court of Justice and finally to the Malacanang Palace, the official residence of President Arroyo. Labor disputes at the above three multinationals have many things in common. Disregard or the lack of respect for the rulings of the Supreme Court of Philippines is one of them.
On the international level, we have been reporting our problems to ILO and OECD while we filed a lawsuit at a Japanese court. We are grateful to the support from our umbrella organization, All Japan Shipbuilding and Engineering Union Kanto Regional Council, as well as citizen’s group called “Support Group of TMCPWA”. We are also supported by international labor organizations like IMF (International Metalworkers’ Federation) and human rights organizations like the Peoples Solidarity in France. Through various activities during the annual international campaign in cooperation with Japanese supporters, we would like to further extend solidarity with international workers.
We have never violated any law nor have we done anything illegal. And we believe that we are fighting for the right of world’s workers not just for the members of our trade union.
Ed Cubelo; President, TMPCWA (Toyota Motor Philippines Corporation Workers Association) Tono Haruhi:, She investigates activities of multinational enterprises and its regulation through her affiliation with Yokohama Action Research Center, Support Group of TMPCWA as well as ALTERNMOND.
********************************************************************************The interview appeared in the January 2009 issue of a Japanese monthly magazine "Sekai". "Sekai" is well known as an opinion leader in Japan, to which many valuable Contributions have been made by progressive intellectuals including academics and journalists. ================================================================== Protest Toyota Campaign (Support Group for Philippine Toyota Union TMPCWA in Japan) E-mail: Protest-Toyota@list.jca.apc.org Toyota Motor Philippines Corporation Workers Association (TMPCWA ) E-mail: tmpcwa@edsamail.com.ph : http://www.tmpcwa.org ==================================================================*
Please click to open and download the file- ..\..\..\Desktop\PTC 11.doc
December 25, 2008
THE 8th-YEAR ANNUAL GATHERING OF TMPCWA
On December 21, 2008, TMPCWA have launch the Year-End General Meeting, for the illegally dismissed members in a very simple but meaningful event. This is another victorious achievement of TMPCWA. In this eight-year of untiring struggle of the workers, specially the illegally dismissed members of TMPCWA, we would like to recognized all their efforts and commitments.
Despite of the very difficult situation and living condition, as well as the very unfair judicial system of the estate, the members of TMPCWA are still standing and united. The illegally dismissed members promised to continue the fight against the imbalance policies of Toyota-DOLE- Court of Appeals-Supreme Court-Yellow Union (TMPCLO-TMPCSU) and the Estate.
We would like to share this event to all the friends and supporters of TMPCWA.
The struggle will continue...
wishing you all for a meaningful Christmas and a new year with full of struggle.
MERRY CHRISTMAS AND HAPPY NEW YEAR TO ALL!
November 30, 2008
On September 30, the Supreme Court Second Division released its final judgment (Entry of Judgment), to the case of Illegal Dismissal/ Illegal Strike. The decision is again one-sidedly favoring Toyota management that the dismissal was legal.
The Supreme Court did not even look the appeal of TMPCWA to the Supreme Court En Banc to review the case because of the very sensitive issues concerning the constitutionality of the decision of the Second Division.
Eversince the Second Division headed by Justice Prisbetero Velasco, has not been fair to the workers and always favoring the interest of the capital as it is also releases many decisions favoring capitalist.
Supreme Court Entry of Judgment click here: SC-Entry of Judgment 2008 =======================================
Immediately after receiving the Entry of Judgment from the Suprme Court on October 10, TMPCWA calls a meeting with the illegally dismissed members and discussed the position of TMPCWA. The dismissed members united shouting to continue the struggle and not accepting the illegal and unconstitutional decision of the Supreme Court.
The illegally dismissed members and the entire members of TMPCWA will not tolerate the connivance of the Supreme Court and Toyota in destroying the constitutional rights of the workers to freedom of association the right to strike.
Photos taken in the illegally dismissed members meeting. =============
TMPCWA sent a ltter to Toyota Management reiterating the position of TMPCWA regarding the latest Supreme Court decision.
To download the letter of TMPCWA click here: letter.jpg / letter2.jpg Appeal of TMPCWA: REPUBLIC OF THE PHILIPPINES
Please read this: statement against harassment.docx
Send Protest MailsYou can send protest mails to Watanabe Katsuaki, President, Toyota Motor Corporation and to Gloria Arroyo, President of the Philippines. Please send Cc: copy to Toyota Motor Philippines Corporation Workers Association (TMPCWA) (tmpcwa1998@yahoo.com). No need to touch the content of those
mails, but if you want, you can modify the content.
September 1, 2008
The Third Anti-Toyota Global Campaign From September 13 to 19, 2008
Appeal for Protest Action Against Toyota Motor Corporation
August 10, 2008
Toyota Motor Philippines Corporation Workers Association (TMPCWA) Represented by Ed Cubelo, President
Support Group for Philippine Toyota Union TMPCWA in Japan
Represented by Masamichi Yamagiwa, Joint Representative
To all supporting parties,
Thank you very much for your ongoing support for the struggle of the Toyota Motor Philippines Corporation Workers Association (TMPCWA).
As the TMPCWA has been demanding the start of collective bargaining, cancellation of dismissals of the 233 workers and their reinstatement, it is already the eighth year of this struggle. From September 13 to 19 this year, we will have a third global campaign against Toyota. Concerning this campaign, we would like to call for the following two actions to our friends and supported.
(1) Global protest action against Toyota
In Japan, we will invite President Ed.G.Cubelo and Vice President WENECITO ALCALA URGEL of the TMPCWA and organize protest action with the two, targeting the Toyota Headquarters. We are also calling for various protest actions around the world against Toyota establishments and Japanese embassies.
(2) Protest messages to the Toyota Headquarters and the Philippines Arroyo administration
We are calling for concentrated deliveries of protest letters, facsimile messages and e-mail messages to the Toyota Headquarters and the Arroyo administration between September 13 and 19.
For these eight years, Toyota has been relentlessly attacking the TMPCWA in concerted effort with the Philippine government in order to replace it with a company union. To threaten and keep watch on the TMPCWA, they even deployed military troops in January this year on the same street as the union office is located, and that only several buildings ahead of it.
It has been revealed more clearly than ever that this union-busting policy of Toyota is not peculiar to their practices in the Philippines.
Mr. Okuda, Chairman of Japan Federation of Economic Organizations, has been taking the lead to deregulate Japan's labor market. This deregulation has led to today's social trends in Japan that the number of non-permanent employees have exceeded one third of the total work force, a tremendous number of the working poor, suicides over 30,000 every year, and outbreaks of indiscriminate homicides in desperation such as the Akihabara case.
As evidenced by the Uchino karoshi (death from overwork) case, it has been revealed that Toyota imposes excessively long overtime as well as overtime without pay leading to karoshi and mental disorder. Findings about results of outrageous cost reduction effort at Toyota include illegal labor practices at its subcontractors, including disguised worker dispatches, illegal consignment and temporary external transfers, failure to provide extra pay for overtime or to pay social health care benefits or pension payment, failure to allow paid annual leave, hiding of occupational accidents, failure to pay wages, and illegal dismissals of employees. We have also found that they even employ slave labor under so-called called an on-the-job trainee system.
Those show the "profit first" attitude of Toyota that they may sacrifice workers' mental or physical health as well as their living for greater gains, which have been driving their union-busting practices in the Philippines, for example and rampant illegalities today. Now awareness is growing among workers around the world that "environment-friendly Toyota" is just a delusive image. They are learning how important it is to make the global enterprise Toyota change their policy to comply with the international work standards at Toyota Motor Corporation and within the entire Toyota Group including their subcontractors and suppliers.
In the US, the National Labor Committee has published "The Toyota You Don't Know," marking the start of the global campaign against Toyota.
Toward the third Anti-Toyota Global Campaign, we have already received protest letters addressed to Toyota and the Arroyo administration from more than 500 organizations in Japan. Let us collect the power of workers and citizens of the world in this mass protest and give greater pressure on Toyota and the Arroyo administration.
(1) We are calling for protests against Toyota in various forms.
With protest action against the Toyota Headquarters in Japan highlighted, we would like to see protest actions against Toyota and Japanese embassies around the world. Our action plan for Japan is as follows:
September 14 (Sunday): Protest action In Nagoya, at 13:45, in front of the Toyota Building near the station
September 15 (Monday): Request action at the Toyota Headquarters, at 7:30
September 17 (Wednesday): Request action at the Tokyo main office, at 16:50
(2) We are calling for protest letters, faxes and e-mail messages to the Toyota Headquarters and the Arroyo administration.
Please concentrate protests to the Toyota Headquarters and the Arroyo administration between September 13 to 19 by letter, facsimile and/or e-mail. Their addresses are cited below. Also, please forward your protest messages also to the Support Group for Philippine Toyota Union TMPCWA in Japan (Supporters for the Global Campaign).
Addresses for protest messages: President Katsuaki Watanabe of Toyota Motor Corporation E-mail: katsuaki_watanabe@mail.Toyota.co.jp Fax: 81-565-23-1231 Street address: Postal code 471-8571, 1 Toyotacho, Toyota City, Aichi Prefecture
President Arroyo of the Philippine government E-mail: corres@op.gov.ph Fax:+63(2)736-1010
Street address: Malacanang Palace Mendiola Street San Miguel Manila, Philippines
The Support Group for Philippine Toyota Union TMPCWA in Japan (Supporters for the Global Campaign) E-mail: protest-toyota@list.jca.apc.org Fax: 81-45-575-1948 Street address: Sun Corpo Toyooka 505, 20-9 Toyookacho, Tsurumi-ku, Yokohama
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Sample protest letter. President Arroyo, The Philippines Government, Date: ,2008
Name of the organization: (Your name)
Name of the representative: (Name of the organization you belong to)
Dear President,
In support of the struggle of the Toyota Motor Philippines Corporation Workers Association (TMPCWA) for initiation of collective bargaining and cancellation of the dismissals of 233 workers, we hereby request Toyota Motor Corporation to meet our demand as stated below.
1. Withdraw the troops from the street where the TMPCWA head office stands and stop the harassment of union members by troops. From the Santa Rosa Plant, withdraw the Laguna Industrial Park Police Advisory Group Headquarters. Stop allowing the military to enter the Santa Rosa Plant.
2. Comply with the ILO recommendations and secure workers' rights to association, to collective bargaining and to strike. Comply with the 2003 Supreme Court ruling and see to it that collective bargaining with the TMPCWA starts. Comply with the ILO recommendations, have the dismissals of 233 union members cancelled. Do not assist the union-busting attack on the TMPCWA.
August 5, 2008
Toyota in its 20 years in the Philippines: TWO DECADES OF EXPLOITATION AND REPRESSION IN THE LABOR MOVEMENT (Photos were taken last August 1, 2008 in front of Toyota Santa Rosa plant. TMPCWA stage protest-action against the 20th year of Toyota continuous exploitation and repression in the labor movement in the Philippines. Union members from inside the factory went out during the lunch time to join the protest)
“ 20 Years, Driving Tomorrow”. This is the newest commercial slogan of Toyota, inviting people to come along in the future. Toyota wishes to speed up to the future to cover up its dark past, its horrible “blood debts”.
Toyota took on the 20-year pedestal of corporate prestige and huge market shares at the expense of its labor, taking 20 years of sweat and blood. Without its Filipino workers - exploited and repressed for the sake of super profits - Toyota would not have reached the pedestal it boasts of today.
In the 1970s, Delta Motors manufactured Toyota vehicles. By the early 1980s, Delta Motors then owned by Dante Silverio, seized operation after the Marcos dictatorial government sequestered all its assets.
Delta Motors reopened in 1988 under the name Toyota Motor Philippines Corporation. Metrobank Philippines, Toyota Motor Corporation (Japan), and Mitsui Corporation (Japan) jointly owned the company. From a leased plant in Bicutan, Toyota expanded and established manufacturing in the outskirts of Manila. The expansion built the 82-hectare Toyota plant, declared as a Special Economic Zone, in Santa Rosa, Laguna after the few years.
Toyota continued to expand. In 2007, it bought another large chunk of land estimating more than 200 hectares in Cagayan de Oro. The Philippine dealership numbered to more than 40 outlets in the course of its 20-year operation in the country. Twenty years sure did become profitable for Toyota doing business in the Philippines!
And what about the Filipino workers in Toyota after 20 years?
Meager salary and benefits are all what the workers get from the fruits of their labor in Toyota. Aside from the company’s huge gains in profit, workers are being extracted of their very last cent. In 1992, AOTS (Filipino workers sent to train and work in Toyota Japan) revealed 13 Toyota managers extorted money from their salaries and allowances aside from the gifts they were obliged to give to the managers after coming back from Japan.
From this revelation, the workers were ignited and started to stand up. The workers stood united not only on the issue of corrupt bosses but much on fighting for their rights. Angel Dimalanta used to lead the workers, however, he betrayed the cause of his fellow workers when he entered into a compromised deal with the management.
By 1997, union TMPCEWU was formed. Trying to nip in the bud, Toyota management immediately worked to crush the union. The management used seven (7) union members to denounce and betray the union in exchange for possible promotions. TMPCEWU collapsed.
The militant and anti-imperialist union TMPCWA was formed in 1998. The management again employed its dirty tactics just so to bust the union. The management used the Asian financial crisis hitting hard on workers as a leverage to offer a voluntary separation program (VSP). However, the union snubbed at the offer. Being a devout Toyota puppet, the traitor Dimalanta was again used to form the supervisory union to counter TMPCWA’s efforts to organize the supervisors.
TMPCWA won the certification election on March 8, 2000 and was legally recognized by the Department of Labor and Employment (DoLE) on March 16, 2001 as sole and exclusive bargaining agent. However, in the guise of the repressive company rules and regulations, Toyota management dismissed 233 union leaders and members on March 16, 2001.
After the mass dismissal, Toyota started hiring “contractuals.” These agency-hired workers received only US$6 a day. This even more brought Toyota a large profit in exchange for small wage and non-existing benefits for the majority workers.
While sowing fear of being laid off among the workers, Toyota installed the TMPCLO union. TMPCLO lost in a certification election with TMPCWA, but was outrightly recognized by the management. In the case of their union recognition, TMPCWA’s appeal to the International Labor Organization (ILO) and gaining a favourable decision from the Philippine Supreme Court, the company was instructed to implement and respect the rule of law. However, instead of complying, a ready-made collective bargaining agreement (CBA) was signed between Wilson Lomotos of the yellow TMPCLO and the management.
By coming to terms with a bogus union such as the TMPCLO and paying no attention to the decision of the highest court in the Philippines proved Toyota’s influence and outright disrespect for the country’s laws and jurisprudence.
On October 2007 and April 2008, the Supreme Court made a massacre decision regarding TMPCWA’s case, thereby reversing its earlier favorable decision as already “moot and academic”. The workers, continued to consolidate and strengthen its ranks. Because of the unmoved determination of the workers, Toyota management sought the deployment of armed elements of the 202nd Infantry Unifier Brigade of the Philippine Army. In the guise of “community organizing and development”, the military encamped itself in the community where TMPCWA’s union office is located to intimidate and put workers under surveillance.
Elements and the outpost of the Laguna Industrial Park Police Assistance Group (LIPPAG) in front of the Toyota Special Economic Zone add to the military’s psychological intimidation to observe and neutralize all Toyota workers’ activities.
Toyota has been freely implementing its long term plan of “contractualization “ and “out-sourcing” wherein the actual estimate of contractual employees are now closing to 70% against 30% of regular workers. This is due to the Long term Plan of Toyota based on its “Jiritsuka plan up to 2010.” Morever, the yellow union TMPCLO, are doing nothing to prevent the contractualization plan of the Toyota in which a major threat in the security of tenure of the regular workers. More and more workers from Toyota are resigning and are seeking greener and stable jobs abroad rather than to stay and work in Toyota Philippines.
Where the workers are going after the 20 years of Toyota and what are the necessary actions that workers need to do?
Redundancy, mass dismissal, and terminations are awaiting for the Toyota workers. Contractualization is an all-time high. Out-sourcing and sub-contracting are already being carried out in some departments inside the factory, workers are being laid off left and right. The yellow unions of TMPCLO and TMPCSU are just standing by and continue allowing the anti-workers policies of the management. Another problem is the recent signing of agreement between the corrupt Government of Arroyo and the Japanese government regarding the JPEPA (Japan-Philippines Economic Partnership Agreement) that can legally remove all tariffs on Japanese products that are entering into the country, worst it will going to protect the anti-workers policy of Japanese Corporation in the Philippines. Nothing can stop the Toyota management of offering VSP (Voluntary Separation Program) to its long-time employee and replace by new contractual workers and agency workers in their place.
The workers need to be vigilant in every event that are slowly unfolding and they should always have a critical mind on the issues at hand. Lets not wait before Toyota will “KAIZEN” the workers. We should always bear in mind that the only hope for all the workers is to unite and to carry on the banner of a genuine Union who can fight the company against repression. In unity, we can be stronger to protect the lives and lively-hood of the workers. We need to consciously combine all our strength and mobilize, to protect and promote the workers rights and to remove from power those so-called “yellow leader” who had been conniving with the Capitalist for a long time.
JUSTICE FOR THE 233 ILLEGALLY DISMISSED WORKERS OF TOYOTA!
ADVANCE THE GENUINE UNION INSIDE TOYOTA!
FIGHT FOR THE SECURITY OF TENURE OF THE REGULAR WORKERS!
OPPOSE AND FIGHT AGAINST CONTRACTUALIZATION!
JUNK JPEPA!
LONGLIVE THE WORKING CLASS!
ANNOUNCEMENT
August 4, 2008
Dear all friends and supporters of TMPCWA.
As the anti-Toyota global day of protest is getting nearer, we the TMPCWA together with the Support group of TMPCWA in Japan are busy preparing for the campaign. We already sent emails to our friends and supporters informing all of you that we would like to ask your signature and organization to be included in our appeal letter to the Philippine Government and Toyota Motor Corporation Japan.
The demands of TMPCWA and the Support Group in Japan are written in the sample letter (please click the link below). You can make your own statement and put your signature and organization and send it to tmpcwa1998@yahoo.com.
If possible, please forward this information to all of your network of friends and organization. We need to show all the support against the inhuman behavior and anti-workers policies and activities of Toyota, not only in the Philippines but in the whole world.
We are looking positively in your response in this preparation and your warm support to the Philippine Toyota workers struggle.
Thank you very much!
With sincere solidarity!
ED Cubelo President-TMPCWA
Please click this link to open the file (sample appeal letter)
May - June 2008
TMPCWA VISIT ILO, FRANCE AND GERMANY TO BUILD SOLIDARITY!
Last May 25 - June 8 Ed Cubelo the Union President of TMPCWA together with the General Secretary of the ZENZOSEN and member of the Support group for TMPCWA in Japan visit ILO to lobby the case of TMPCWA. Including in the ILO lobby are meetings with other trade union organizations in preparations for the upcoming international protest action against Toyota by TMPCWA and the Support Group in Japan. TMPCWA also visit the International Metalworkers Federation Headquarters in Geneva and discuss the present situation.
From June 9 to 12, Ed visit the Peoples Solidarity (Peuples Solidaires) to personally thanks them regarding its campaign and continuing support in the struggle. Peoples Solidarity arrange meetings with Trade Unions and Labor centers in France namely the CFDT (Confederation Francais Du Travail) and the CGT (Confederation General de Travails) where the Toyota union in Vallencienne is a member. The media interview to Ed from the office of the Peoples Solidarity in Rennes was also published. All the Organization whom Ed met has promise to support the international protest campaign in September.
In June 13 to 17, Ed visit Germany and meet automobile workers in Dusseldorf and in Bochum. Ed invited all the organizations of autoworkers specially the International Automobile Workers Council (IAWC) to support the September campaign. Ed also had a chance to join meetings with other workers and joins in a Monday Rally in Dusseldorf.
All organizations confirmed their commitment in the September Anti-Toyota protest campaign###.
May 2008 Updates:
Labor Day Celebration for TMPCWA!
TMPCWA joins the worldwide celebrations of Labor Day together with the inside and illegally dismissed members in Calamba Laguna. Many workers from different unions also participated.
TMPCWA had a chance to speak in the stage to address to all the workers about present situation of TMPCWA and exposing the strong connivance of the Supreme Court and Toyota and the Arroyo regime by releasing distorted and unconstitutional decision to the illegal dismissal case that becomes illegal strike. TMPCWA also expose the military harassment from the 202nd Infantry Unifier Brigade to TMPCWA officials and active members.
April 28, 2008
The Fight is Still On!!!
Last March 17, 2008, after the successful LAKBAYAN, which is a 5-day march-caravan of workers from the Southern Region to National Capital Regional, spearheaded by workers from Toyota, Nestle and Nissan and after the promotion to the Supreme Court as an Associate Justice of then former Labor Secretary Arturo Brion, the Supreme Court again released its decision regarding the illegal dismissal/illegal strike case of Toyota Phils. and TMPCWA. The decision was received by TMPCWA last April 9, 2008
The workers were not surprised by the distorted and unconstitutional decision of the 2nd Division of the Supreme Court, because we already suspected that the Supreme Court will rule in favor of the influential and Powerful Multinational Toyota. If nothing else, it is quite apparent and obvious that the Supreme Court of the Philippines is not immune to the influence of the ruling class and gigantic foreign monopoly of the multinational and transnational corporations. Let us see the rotting system that plagues our Legal systems.
It is quite obvious that the Second Division, rushed in releasing the decision for the Motion for Reconsideration of the union, TMPCWA. It is as if that the 2nd Division is covering up the truth to come out because of outside pressure coming from Toyota to release the “one-page” decision.
Secondly, the 2nd Division included in its decision the Motion for reconsideration without even taking into consideration the issue whether the Supreme Court En Banc should sit to resolve the issue of the “constitutionality” of the decision of the 2nd Division. We argued that the 2nd Division gravely abuses its authority and unconstitutionally issued a ruling denying the union’s plea for an En Banc or of all the justices to resolve the issue.
Third, the 2nd Division said in its decision that no new arguments was presented in the Motion for Reconsideration, while the truth is that the Motion for Reconsideration contains all new arguments questioning the constitutionality of the decision of the illegal strike/illegal dismissal case and to prove that the 2nd Division gravely erred in its decision to justify its unconstitutional decision. It is also a mystery why the 2nd Division included in its decision that no motion for appeal will be entertained by the Court which is quite abnormal to release such statements in Supreme Court rulings.
It is very obvious of the State and Judiciary conspiracy with Multi-National company Toyota. How the workers will going to believe the Supreme Court, if those justices suppose to protect the constitutional rights of the workers are the same who are violating the constitution?
It is very clear who really lost in the decision, its not the TMPCWA but the Toyota management, because the company has failed in destroying the formation of genuine unionism inside Toyota.
Even though of these legal setbacks, the fight is still on. TMPCWA will still continue to fight for its right and it will never surrender its struggle for the benefits and justices for the workers who were illegally dismissed.
CONDEMN THE SUPREME COURT AND TOYOTA!
CONTINUE TO EXPOSE AND OPPOSE THE CONSPIRACY OF TOYOTA AND THE ESTATE IN DESTROYING THE LABOR MOVEMENT IN THE PHILIPPINES!
CONTINUE TO SUPPORT THE STRUGGLE OF TMPCWA AND THE ILLEGALLY DISMISSED WORKERS OF TOYOTA!
To read the Urgent Plea of TMPCWA please follow this link: ..\..\TOYOTA SC- CERTIFIED CASE - | |||||||
