|
|
|||||||
|
|
|||||||
|
September 2, 2010
Masamichi Yamagiwa, Joint Representative
(Please take note: Kindly please copy paste the sample letter or you can make your own. Be sure to write your name with signature on it at the end of your letter and your organization and scan it and send to the email below. The union will print a hard copy to submit personally to Toyota Philippines and to Toyota Japan).
&
August 10, 2010
Update on the new Illegal Dismissal
TMPCWA together with local supporters stage indignation protest in front of Toyota factory in Laguna to strongly condemn Toyota management on its anti-union and illegal actions and arrogant behavior in dismissing the four (4) members and leaders of the union.
Photos: from left Wenecito Urgel, the Union Vice president (internal); Ariel Lalap BOD member; Ronald Belen-union member; and Dante Pantino-union member)
NEW
TOYOTA, NUMBER ONE HUMAN RIGHTS VIOLATOR AND ANTI-WORKER
On August 2, 2010, a day before Toyota celebrated its 22nd founding anniversary and the beginning of its exploitation on Filipino workers, the company once again executed and slain the livelihood of its workers. Wenecito Urgel, Vice President for Internal Affairs, Ariel Lalap, a member of the Board of Directors, Ronald Belen and Dante Pantino, all of them are leaders and active members of the Toyota Motor Philippines Corporation Workers Association (TMPCWA) were illegally dismissed from the company.
The four leaders and members of the TMPCWA are among the nine workers who underwent 30 days of Preventive Suspension implemented July 5, 2010, a month after they were accused of planning and executing production sabotage. After 30 days of serving the Preventive Suspension, Toyota lengthened the extent of the suspension for a week more before it revealed its decision regarding the fabricated cases charged on the nine leaders and members of TMPCWA, specifically the four illegally dismissed, and Ricky Bindol (member of the BOD), Reynan Magdaong, Roderick Vidal, Gilbert Cruzado and Alberto Tanael accordingly.
On June 5, 2010, three officers from the Grievance Committee of the TMPCWA approached the assembly line to negotiate with the direct supervisor of a co-worker who was at risk of being removed from his position. Despondently, as the Grievance Committee was peacefully negotiating with the supervisor, Teodato Echano arbitrarily and illogically directed Dennis Carpio, another group chief, to push the Emergency Button in order to put a stop to the production line. Teodato Echano is the acting Group Chief for the Assembly Line.
Because of the random line stop, workers approached the same area where the Grievance Committee was trying to negotiate with Echano, which was an ordinary circumstance for 20 long years each time there was a line stop. At that instance, members of the TMPCWA were sighted in the vicinity, and consequently, were underhandedly charged and accused of putting a line stop, which was allegedly planned in conspiracy. As a result, the nine members and leaders of the TMPCWA were put under Preventive Suspension.
Toyota pompously pronounces that the dismissal of the workers was based on the Company Handbook or its Rules and Regulations. The preventive suspension was instigated because people’s lives and the production in general were endangered by the alleged conspiracy. Moreover, Toyota arrogantly states that a fair and evenhanded process was ensued to come up with the decision of dismissing the four workers.
Nevertheless, for the TMPCWA, it is altogether a hypocritical statement. In all aspects, on no account has Toyota been just and fair to its workers who fight for the genuine rights of its own class. First of all, the Preventive Suspension carried out on the nine workers was implemented more than a month after the incident; this shows that it was evidently illegitimate since preventive suspensions are applied in circumstances where it is most needed to prevent further damage, more so if there was inflicted harm and damage to people and the production. Incongruously, there was neither threat nor physical damage done by the workers. Secondly, due process forms were given to the workers on the exact day the suspension was to take effect; this was done on a Friday, the last working day of the week, devoid of the reasons and suitable basis for the suspension and the details of processes due to the nine workers. In its very essence, there was no due process undergone before the Preventive Suspension was implemented, and the accused workers were not given the chance to be acquainted with the basis of the suspension. Additionally, aside from being a month late, the month-long preventive suspension was extended for another week after being served by each of the workers, with Toyota’s announcement that the week-long extension was to be paid as regular working days solely to delay the reinstatement of the suspended workers. The company pronounced that this was because of the ongoing investigation which was yet to be completed.
Even so, with Toyota’s capabilities in deceitfully making it appear as if the workers were the ones who violated the company’s rules and regulations, winning the workers’ credence and belief on such fabricated statements are out of the question. Still with Toyota’s basic CRR, it is strongly evident that the company is accountable for violations as it has not been able to implement its own rules and regulations to protect the workers who undeniably generate the company’s profits. This only implies that Toyota not only has insignificant rules and regulations; the company in itself is inhumane and unjust, as it is repressive and anti-worker in nature. It has not at all acknowledged the validity and legitimacy for TMPCWA’s Grievance team to approach the assembly line; by no means has Toyota recognized that the workers were simply trying to support a co-worker and were not, in any way, conniving on anything that may inflict harm or damage to the whole organization and their own livelihood.
If it were not as one-sided, Toyota should have allowed other leaders or representatives of TMPCWA to stand for the nine workers during the length of the investigation. This was the only manner with which both sides may well be heard and considered. This way, the nine workers will be well-represented and able to defend themselves; on top of it all, this was the only way for the investigation and hearing to befit an unbiased and objective due process. Disappointingly yet very unsurprising, the management was the sole investigator during the entire process, and was the only decisive body to come up with the verdict.
In contrast to Toyota’s quick response and verdict to put the leaders and members of TMPCWA under Preventive Suspension, it has not employed any appropriate action on the four supervisors who were caught in the act, evidently using their positions to cheat on the company and their colleagues. They were found to be out of the factory during a scheduled overtime, delighting themselves in an expensive restaurant. The reason why they were not dismissed despite apparent and blatant violations on the CRR is unmistakable. Crisanto Elemos, Francis Garcia, Mario Canlobo and Cesario Aberin, correspondingly leaders of the Supervisory Union, are under the direct manipulation and influence of the Toyota management. In effect, there is no probable grave action on the violations of the supervisors contrary to the one-sided and prejudiced verdict on the leaders and members of the TMPCWA.
The Preventive Suspension and Dismissal of the members and leaders of TMPCWA is one of Toyota’s underhanded schemes in collaboration with its adherent supervisors Teodato Echano, Dennis Carpio, Rodolfo Santilles, Aldo Pancho, Joseph Sobrevega, Alden Sapit, Erwin Viduya and Raquel Lopez. It is undeniably fervent in eliminating new leaders who stand for the genuine interests of Toyota workers.
The illegal dismissal of four leaders and members of TMPCWA is similar to the illegal dismissal of 233 members, including all the then-officers of the TMPCWA, ten years ago. Toyota’s verdict on the workers, as a result of the alleged 18-minute long violation wherein two out of the total target units were claimed to be uncompleted, now connotes a life-long agony for the families of the four illegally dismissed workers.
This implicates the eagerness of Toyota in contriving tactics and techniques in order to assault the leaders and members of the TMPCWA, and subsequently affect the families who have no involvement in the political and economic aspirations of the company. It deliberately performs such plans in order to eradicate obstructions to its objectives and plots in repressing the rights of the workers to genuine unionism.
Notwithstanding these facts, the condemnation of workers on the illegal dismissal of the leaders and members of TMPCWA is not enough. Above all, the workers of Toyota must, with all efforts, strive to denounce the atrocious and anti-worker endeavors and policies of Toyota and all its attempts in repressing its workers.
The illegal dismissal of the four leaders and active members of the TMPCWA does not equate to an end in the struggle of the working class for genuine unionism. Furthermore, parallel to the illegal dismissal of the 233 workers in 2001, this is yet another massacre to the livelihood of Toyota’s workers which will nonetheless advance the struggle of the union and the entire working class for wage, jobs, justice and genuine unionism. The further abuse and desecration on the rights and livelihood of the workers in Toyota will insinuate the advancement and progress of the struggle of the working class to ultimately put an end to the monopoly capitalists’ endless reign and exploitation.
JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS OF TOYOTA! JUSTICE FOR WENECITO URGEL, ARIEL LALAP, DANTE PANTINO AND RONALD BELEN!
JUSTICE FOR THE ILLEGAL DISMISSAL OF THE LEADERS AND MEMBERS OF TMPCWA!
JUSTICE FOR ALL THE VICTIMS OF TOYOTA’S REPRESSIVE POLICIES!
Related Information on the Dismissal Case below: 1. _private\A. lalap decision p2.docx 2. _private\D.pantino decision p2.docx 3. _private\G.cruzado decision p2.docx 4. _private\R.Belen decision p2.docx 5. _private\R.bindol decision p2.docx 6. _private\W.Urgel decision p2.docx
Two Pillars of Toyota- Continuous improvement, Respect for people
These slogans seem to show that Toyota’s reputation has not been smeared with blood and oppression. Yet the actual and present condition of workers states Toyota’s immoral nature. Today, Toyota strikes anew with yet another attempt to deliberately suppress and annihilate the militant struggle and livelihood of Toyota workers.
On Friday, June 25, 2010, around 3:50 in the afternoon, Toyota underhandedly indicted due process forms simultaneous with a preventive suspension order on nine (9) TMPCWA members and leaders, including Wenecito Urgel, Union Vice President, and Roderick Vidal, Alberto Tanael, Gilbert Cruzado, Reynan Magdaong, Ariel Lalap, Ronald Belen, Dante Pantino and Ricky Bindol accordingly. Cases on alleged violations on the Labor Code’s Article 282, correspondingly violations against TMP interest and policy, and security and public through inciting and participating in riots, disorders, illegal strikes or concerted actions detrimental to TMP’s interest were filed against the workers.
The case was allegedly filed on the basis of the recent incident at the Assembly Line on June 5, 2010, 9:00 in the evening, wherein Teodato Echano and Dennis Carpio, both supervisors, initiated a scene. At that very moment, TMPCWA’s grievance committee led by Wenecito Urgel approached Echano, Pablo Sario’s Immediate Superior, to inquire about Sario’s arbitrary and compulsory removal from position, and the subsequent replacement by a contractual worker. The said efforts were part of the step-by-step grievance procedures taken up by TMPCWA’s Grievance Committee in defending Sario’s job. Teodato Echano inappropriately shouted at the workers and instructed Carpio to stop the production line through pushing the Emergency Button. Urgel immediately questioned Echano’s order to bring about a line stop without any substantial basis. The latter sarcastically responded, "I am the Senior Group Chief and I will put a stop to the production line whenever I want to!" Toyota consequently fabricated rumors regarding TMPCWA’s alleged Economic Sabotage. Teodoro Echano was believed to have flown to Toyota Japan following the incident, probably as a reward for his infamous efforts in jeopardizing the leaders and members of the only genuine and militant workers’ union in Toyota.
Paradoxically, the preventive suspension was implemented twenty (20) days after the incident. On legal basis, preventive suspensions are lawfully imposed in immediate instances to avoid further harm or damage to the public or the production. Illogical as it is, there was no danger both to the workers and the production even within the duration of the incident. This, in its very essence, shows the irrationality of the preventive suspension order for the nine (9) union members and leaders. There was no riot or any physical damage inflicted on any worker or the production as a whole. In spite of the untimely line stop, target quota was nevertheless accomplished. Hence, Toyota evidently carried out such attempts to once again impetuously repress the workers and in effect, tarnish TMPCWA’s reputation, whose intention was to defend a co-worker from being discharged from his position.
Shortly after the order was given, the incident was extensively disseminated throughout the entire factory. A foreman was believed to have said and ordered the close watch over TMPCWA members, seemingly declaring martial law and apparently proving these tyrants their hunger for oppression over the workers.
The case filed before the nine (9) workers are no different than that which was filed against the 233 leaders and members of TMPCWA on March 16, 2001, practically eliminating almost the entire membership of the union after merely abiding by the constitutionally guaranteed rights in expressing themselves through organizing a legitimate union.
Toyota is indisputably cunning in nature, given its efforts in making it to the deadline in reducing the number of regular workers until 2010 under the Jiritsuka Plan. Similarly, Toyota has been exerting efforts in the arraignment of the alleged falsification case filed against workers last year, which has been rather impracticable as the majority of workers linked to the charges are members of the TMPCLO and TMPCSU unions. Contrary to the handling of such case, the preventive suspension and cases against the nine (9) members of TMPCWA were filed impetuously.
Unmistakably, Toyota has malevolently led TMPCWA into an ineludible circumstance in order to fabricate charges against them, to deliberately eliminate those who struggle for the workers’ rights, and give way to an uncomplicated dismissal of more workers in the future, thus a suitable environment to hand down repressive directives to the workers.
Up to date, the question on its slogans remains unconcealed for workers to criticize. Is Toyota sincere enough in giving respect for workers or is it plain pretense? Workers remain exploited by capital and the whole of its system. Despite this, they are nonetheless the ones who are incriminated by unlawful capitalist exploitation.
WE STRONGLY CONDEMN THE ILLEGAL PREVENTIVE SUSPENSION ORDER ON THE NINE TMPCWA MEMBERS AND LEADERS!
JUSTICE FOR ALL THE VICTIMS OF TOYOTA’S ANTI-WORKER AND ANTI-PEOPLE POLICIES!
JUSTICE FOR THE 233 ILLEGALLY DISMISSED WORKERS OF TOYOTA!
WORKERS UNITE! CONDEMN AND DENOUNCE THE DECEPTIVE LEADERS INSIDE TOYOTA!
ONWARD WITH OUR MILITANT STRUGGLE TO ACHIEVE VICTORY!
WORKING CLASS, THE LIBERATING FORCES!
See below Memorandum of Toyota against the members and Leaders of TMPCWA' 3. DFP_Preventive_Suspension1.pdf 4. DPF_Preventive_Suspension_explain.pdf 5. DPF_Preventive_Suspension_explain_2.pdf
Below is the Explanation of the nine members of TMPCWA translated from Their affidavit: 1. images\Explanation_Belen.doc 2. images\Explanation_Cuzado.doc 3. images\Explanation_Magdaong.doc 4. images\Explanation_Pantino.doc 5. images\Explanation_Tanael.doc 6. images\Explanation_Vidal.doc
TMPCWA and the Support Group in Japan for Another Successful Lobbying at the ILO
On May 30 to June 08, 2010 TMPCWA and the Support Group for TMPCWA in Japan visit again the ILO, to continue lobbying the case which is almost ten years now. This years visit is very important to TMPCWA as well as the Support Group in Japan because of some development and progress, after the ILO sent its High Level Fact Finding Mission in the Philippines last September 2009.
There are many workers delegations from different countries met with TMPCWA and the Support Group in Japan. They promise to support the TMPCWA struggle and will share among their counter part organization that there are Toyota workers and members of their organization.
The Philippine Government thru the Department of Labor and Employment are now helping and making initiatives to implement the ILO-HLM recommendation for a possible solution to end the Ten years struggle of the dismissed members of TMPCWA.
June 2, 2010 Formal opening of the ILO Governing Body Meeting.
Meeting with Ms. Karen Curtis.
Ed Meeting with Brazilian Delegates from CUT - Central Unica Dos Trabalhadores.
Meeting with German Delegate Meeting with Korean Delegate
Meeting with Mr. Nakajima, the new elected Vice Chairperson of the ILO Governing Body meeting.
Meeting with Mr. Tomasz from Poland Meeting with the delegates from AFL-CIO
Meeting with Philippine Government Delegates Ed and Elmer Labog Chairperson of KMU
Newsletters distributed at the ILO - file:///F:/ilo2010 materials/Newsletter file for ILO 2010.pdf
NEW The War On Philippine Toyota Workers-TMPCWA Pres Ed Cubelo Reports
Toyota Philippines has waged a war against the TMPCWA union that has been seeking to organize the workers. In Detroit at the Labor Notes conference the president of the union Ed Cubelo reported on the long struggle to organize at the plant and the repression, company tricks and collusion by the government and the courts to prevent unionization.
To contact the union go to:
Toyota Motor Philippines Corporation Workers Association (TMPCWA)
Produced by Labor Video Project P.O. Box 720027, San Francisco, CA 94172 laborvideo.blip.tv www.laborvideo.org
International Labor Organization Report on the High Level Mission to Philippines: ..\..\Downloads\High Level ILO Mission.pdf NEW ILO Recommendation for 2010 March. Please click to open the file PHILIPPINES CASE No. 2652.pdf ..\..\..\Desktop\Shoitchiro Toyoda visit the TMP.docx - report which did not publish yet 9 Years of Glorious Struggle for Toyota Workers
TMPCWA has magnificently struggled for wage, jobs and justice against Toyota. The ceaseless struggle initiated fearless and momentous fights, and inspired hundreds of workers to walk out of the factory and attend to the hearing initiated by the Bureau of Labor Relations due to threats of Toyota’s manipulation over the BLR’s decision.
In fear of workers’ intensifying conviction for pursuing the fight, Toyota desperately resorted on the illegal dismissal of leaders and members of TMPCWA on March 16, 2001, on the basis of an alleged Illegal Strike case filed against the workers, ironically on the same day the Department of Labor and Employment issued its final decision acknowledging TMPCWA as the Sole and Exclusive Bargaining Agent.
There were no options for the workers but decide to go on strike, being the highest form of armor and resistance against the capitalist’s attack. This was the first strike ever commenced in Toyota Philippines to defy and challenge the capitalist’s reign, transpiring in the forefront of car industries in the world.
The illegally dismissed workers advanced further with the struggle in firm coordination with workers inside the factory, together with new members who shall continue genuine unionism inside Toyota.
Despite of Toyota’s infamous efforts in impeding and suppressing workers’ fights, TMPCWA’s determined and persistent organizing moved forward inside and out of the factory. The condition, having the entire executive committee and most of the members dismissed from the factory, did not hinder the union from pushing onward with the fight and exposing to national and international communities the immeasurable crimes committed by the capitalist towards its workers.
Correspondingly on September 24, 2003 and January 28, 2004, the Supreme Court released its final decision directing Toyota to come in negotiations with TMPCWA through a CBA. The decision from the Supreme Court expresses the conclusion of legal procedures in the Philippines; therefore there is no justification for Toyota’s insolence to the decision. But as bigoted as expected, Toyota disregard and treated the decision of the Supreme Court of the Philippines with contempt.
Instead of recognizing the TMPCWA, Toyota established the TMPCLO as to avoid its responsibility towards workers. Albeit the absence of simple majority votes, the capitalist connived with the Department of Labor and Employment with Toyota’s adherent Arthur Brion as Secretary, in order to hail TMPCLO’s feat over TMPCWA.
On August 16, 2006, DOLE security guards and MPD police units violently dispersed leaders and members of TMPCWA after conducting a picket-protest and filing for a Motion for Reconsideration regarding the recognition of TMPCLO at the Labor Secretary’s office in Intramuros, Manila. The workers encountered physical harassment and indiscriminate firing from security guards which resulted to the hospitalization of most of the protesters suffering from injuries and wounds. Paradoxically, the workers were imprisoned for three days at the MPD Station 5 under the cases Slight Physical Injuries, Assault and Sedition filed against the protesters.
On September 30, 2007, the Supreme Court released its decision regarding the Illegal Dismissal/ Illegal Strike of Toyota workers-- a decision concluding the massacre of livelihood among the illegally dismissed workers, illegitimately pronouncing workers’ struggle and collective actions illicit. This prove that the rules and governing policies issued by Multinational Corporations such as Toyota serve superior to the constitutionally guaranteed right to express and organize oneself.
Notwithstanding the decision, the workers progressed to greater fights against Toyota’s repression. To strengthen the campaign, the International Labor Organization issued recommendations since 2003 ordering Toyota to execute the following: 1. Reinstate the illegally dismissed workers; 2. Junk the unsubstantiated and groundless criminal cases filed against the workers; 3. Recognize the TMPCWA Union; and 4. Face negotiations on a CBA with TMPCWA.
On the contrary, Toyota has yet to initiate the execution of such recommendations despite the contest of the international community against its anti-worker and dissolute policies.
With such insolence, the International Labor Organization launched a High Level Fact finding Mission to investigate on the anti-worker and anti –people policies implemented by foreign corporations in connivance with the government of the Republic of the Philippines.
On September 25, 2009, the HLFFM visited the Toyota plant and directly experienced the impertinence of the capitalist Toyota as one of the delegates expressed his impression on the unwelcoming environment offered by the corporation. This was proven valid because of Toyota’s efforts on misleading the delegation away from the members of TMPCWA. But with TMPCWA’s conviction, the HLFFM was successfully welcomed by the union. Investigations following the HLFFM by the ILO ensued such as the Fact Finding Mission launched by the International Metalworkers Federation on February 4, 2010.
This verifies and attests to the veracity of Toyota workers, particularly those illegally dismissed.
Based on the chronology of events, history proves that the struggle for Toyota workers will serve relentlessly, contrary to the capitalist’s intention of putting an end to the genuine unionism upheld by TMPCWA with the help of TMPCLO and TMPCSU. The illegally dismissed workers of Toyota will endlessly fight for social justice as long as there is capitalist oppression. This symbolizes the genuine struggle of workers for the interest of its class.
The struggle of workers shall persist until there is oppression. It is yet to cease until a classless society is achieved by the workers for its class.
LONGLIVE THE FIGHT AND GLORIOUS STRUGGLE OF THE ILLEGALLY DISMISSED WORKERS OF TOYOTA!
SOCIAL JUSTICE FOR THE FAMILIES OF THE ILLEGALLY DISMISSED WORKERS OF TOYOTA!
REINSTATE THE ILLEGALLY DISMISSED WORKERS OF TOYOTA!
LONGLIVE CONTINUING STRUGGLE OF TMPCWA AND THE WORKERS OF TOYOTA!
LONG LIVE THE WORKING CLASS!
TMPCWA LAUNCH PICKET ACTION IN FRONT OF TOYOTA FACTORY AS PART OF THE NINTH (9th) YEAR COMMEMORATION OF THE ILLEGAL DISMISSAL to some 233 MEMBERS AND OFFICERS OF THE UNION by TOYOTA.
Illegally dismissed members of TMPCWA start the protest action in the busy terminal of Sata Rosa Complex to inform the people of this city about the continuing anti-workers and inhuman activity of Toyota to its workers. There is also distribution of leaflets to all motorists and many people are listening and watching the activity.
After the short program the dismissed members of TMPCWA are marching from the terminal going in front of Toyota and the members that still working inside are marching going out the factory to welcome the illegally dismissed members and jointly launch the protest in front of Toyota factory.
This protest shows another victory of strong solidarity of the illegally dismissed members and the workers inside the are determined to fight against Toyota.
The Nine (9) year activity is another successful year for the struggle of the illegally dismissed members and families of TMPCWA.
LET US CONDEMN TOYOTAs EFFORT TO BREAK THE UNION TMPCWA!
CONTINUE TO SUPPORT THE STRUGGLE OF THE ILLEGALLY DISMISSED MEMBERS OF TMPCWA!
LONGLIVE THE STRONG SOLIDARITY OF TOYOTA WORKERS!
LONGLIVE THE WORKING CLASS!
http://www.youtube.com/watch?v=bsxF5cr9WM4&feature=email please watch the video.
Dear All,
Please watch this video from the members of TMPCWA inside action in support to the supervisory workers action to implement the CBA agaisnt number one common enemy - Toyota.
Please follow this link - http://www.youtube.com/watch?v=YXHFHVeC8vM
Dear All, Please read this Notice of our Demand Letter of TMPCWA and the Support Group for TMPCWA in Japan. A Letter to the President of Toyota Motor Corporation Japan Soichiro Toyoda.
February 16, 2010
To: Mr. Akio Toyoda, President – Representative Director TOYOTA MOTOR CORPORATION, Toyoda, Japan
From: Ed Cubelo, President TOYOTA MOTOR PHILIPPINES CORPORATION WORKERS ASSOCIATION (TMPCWA) & Masamichi Yamagiwa, Joint Representative SUPPORT GROUP FOR TMPCWA IN JAPAN
Quite recently, you yourself have announced toward the world regarding certain quality defect of your company’s products that it is the philosophy of your company and in particular, of yourself to correct anything wrong that if it has occurred. This should not be limited to the defect of products but should rather apply to labor issues, we believe.
In the Philippines, your company’s subsidiary has continued to commit acts in violation of the international labor standards and has not shown even an attitude to improve them, and thus is under severe surveillance, investigation and recommendation to correct the same by the International Labor Organization (ILO) and in such background is further urged to amicably resolve the longstanding dispute by the Philippine government, in particular the Department of Labor and Employment (DOLE).
Still yet, its management does never listen to the same and your managerial division concerned in Japan has continued to take such arrogant, mocking attitude as saying, “Any local problem is within the hands of the local organization concerned.”
On the current occasion that your company and you yourself have become obliged to make huge recalls under the harsh critiques by the users and the regulatory authorities in Japan and foreign countries including the USA, we remind you that your company and in particular, you yourself should pay serious attention to the subject matter we are taking up in this letter.
We warn you that should you take an attitude of disregarding and giving no reply to this Notice of Our Demand, such fact will of itself constituted a grave problem.
SIGNED
ED G. CUBELO President-TMPCWA Email:tmpcwa1998@yahoo.com
SIGNED Masamichi Yamagiwa Joint Representative Support Group for Philippine Toyota Union TMPCWA in Japan
Dear All,
Please watch the ABC News on Toyota: TOYOTA LAWYER ACCUSES COMPANY OF DECEIT
Please follow the link below;
http://abcnews.go.com/Blotter/video/brain-ross-biller-interview-9792387 &
December 23, 2009
TMPCWA HOLDS 9th YEAR-END GATHERING
On December 20, 2009 TMPCWA holds the end year activity for the families and members of TMPCWA. Its the nine (9th) year celebrations of Christmas specially for the illegally dismissed members and their families.
In the program the one year activity report of TMPCWA for instance the protest action in front of Toyota in commemoration to the mass dismissal case; the protest in front of Japanese embassy and other agencies of the Department of Labor and Employment; the Supreme Court and the Court of Appeals; The Global Day of protest against Toyota and many protest in Toyota Japan launch by the Support Group for TMPCWA in Japan.
The important activities of the ILO has been discussed also specially the High-Level Mission that take place last September 22-29 and the follow up activity last December 2-4 and the ILO Automobile workshop in Japan.
Also included in the report the participation of TMPCWA in the International Automobile Workers Council in Germany from October to November this year.
Members was very happy to watch the power point solidarity messages prepared by Support Group for TMPCWA in Japan and the ZENZOSEN.
The members and their families are very happy about the many development in the very long years of strong solidarity of TMPCWA and all the supporters in many countries. Childrens of the members are very happpy in the swimming pool. They also enjoyed the foods that the family and members contributed.
The year-ending activity of TMPCWA is another sign of victory for the entire membership of TMPCWA showing the strong solidarity and genuine unity of the members that are working inside and the illegally dismissed members of TMPCWA. TMPCWA are determined to fight against Toyota's continuing attacks and arrogant behavior by ignoring the International Labor Organizations effort to find possible solution to the very long dispute between TMPCWA and Toyota.
The members of TMPCWA promise once again to continue the struggle to Victory!
A MEANINGFUL CHRISTMAS AND FULL OF STRUGGLE FOR THE NEW YEAR!
Powerpoint Solidarity Message from Support Group and the Zenzosen; ..\..\Downloads\2009-12-20 TMPCWA_.pdf
November 4, 2009
Please read this Protest and Request Letter to Toyota Japan from TMPCWA and the Support Group for TMPCWA in Japan. Protest and Request Letter to Toyota Japan 09-11-04.pdf
http://www.youtube.com/watch?v=kppYHIxcB5Q & http://www.youtube.com/watch?v=jmZNA0XoP98
watch videos - http://www.youtube.com/watch?v=2OCuPPdth40
To watch Video copy this link and paste to browser: http://www.youtube.com/watch?v=kppYHIxcB5Q & http://www.youtube.com/watch?v=jmZNA0XoP98
Protest inside Toyota by the Members of TMPCWA against Precarious work 7th October 2009 in coordination with Metalworkers Alliance of the Philippines (MWAP) and the International Metalworkers Federation - IMF to the International Day of Protest Against precarious Work.
To: All Friends, Comrades and Supporters of TMPCWA.
Union TMPCWA would like to express our deepest gratitude in response to the worldwide call of support for the 4th International Week of Protest against Toyota, which TMPCWA and its Support Group in Japan held last September 15 to 22, 2009.
The week long protest was a hall mark success for workers all over the world, who are experiencing the same repression, against a Multi-National & Transnational Corporation like Toyota. There was an overwhelming support from workers who sent their letter-protest which we forwarded to Toyota Japan, the OECD Japan and the Philippine Government.
Protest action was also staged in front of Toyota Tokyo Headquarters and Toyota Head office at Toyota City in Nagoya, Japan which a lot of Japanese workers united and took part with.
In the Philippines, protest actions was also staged in front of the Japanese Embassy where the Labor consul had a dialogue with TMPCWA leaders and representative of various labor sector who represents other workers that are also having similar repression from their Japanese companies. Simultaneously, a protest action was also staged in front of Toyota plant in Sta. Rosa Laguna which different unions and organizations participated in.
All union and organizations were united in condemning the anti-worker’s right and anti-union stand of Toyota management.
The labor dispute in Toyota Philippines has been going on for the past 8 years now and still, Toyota Japan is adamant to step in and resolve the problems of the workers and management. Despite the clamor from different sectors and organizations around the world, Toyota is still defying the inevitable truth that workers are now united behind the plight of TMPCWA union.
Latest development in the case is the ILO sending in a High Level Mission team in the Philippines to look into the reports of trade union repressions committed by Multi-National and Transnational companies. We hope that the ILO investigation will open doorways for the long labor dispute to be finally resolved.
In the meantime, TMPCWA and workers of Toyota Philippines are still united in defending for the universal declarations of right of workers. We will continue to lead the way in consolidating the International solidarity not just between workers from Toyota in different affiliated countries but from all workers in the world.
Again, we thank all of you for your support in our fight.
Workers unite! Long live the working class!
July 29, 2009
To: All Friends, Comrades and Supporters in the World
From: TOYOTA MOTOR PHILIPPINES CORPORATION WORKERS ASSOCIATION (TMPCWA) Ed Cubelo, Union President & SUPPORT GROUP FOR PHILIPPINE TOYOTA UNION TMPCWA IN JAPAN Masamichi Yamagiwa, Joint Representative
- After the decision was made to send an ILO High-Level Mission to the Philippines - LET’S LAUNCH THE 4TH ANTI-TOYOTA GLOBAL CAMPAIGN SUCCESSFUL ! 15th – 25th September 2009
Dear Friends, Comrades and Supporters !
Inviting you to signing a joint Protest Letter !
It was in September 2006 that an Anti-Toyota Global Campaign was first launched under the initiative of International Metalworkers Federation (IMF) with the participation from 45 countries across the world demanding the start of collective bargaining negotiation and the reinstatement of 233 illegally dismissed workers to their original work place as against the refusal of collective bargaining since 2000 and the mass-dismissal of 233 workers in 2001 by Toyota Motor Philippines Corporation. We have since succeeded to this by launching an Anti-Toyota Global Campaign in September every year calling for participation worldwidely. This year again, we are going to conduct the fourth anti-Toyota Global Campaign of this series for ten days starting from the fifteenth of September.
For this purpose, we call on a variety of organizations and individuals all over the world to conduct diversified protest actions to Toyota during this period of time. And, so as to express the common intent of the participants in these protest actions, we invite you to sign up a joint Protest Letter in a format as attached to this letter.
If you are agreeable to this proposal, we would greatly appreciate your sending your-singed Protest Letter back to us at the below-mentioned contact address not later than the tenth of September.
Let’s make a protest to Arroyo Administration of the Philippines, Toyota Motor Corporation and the Japanese Government !
After the 2006 Anti-Toyota Global Campaign, a “No-Union, No-Strike” policy taken by the Arroyo Administration along with multinational enterprises has been even more increasingly reinforced in the Philippines, so that military pressures upon labor unions as well as political pressures, such as extrajudicial killing, abduction and arrest of labor union leaders have become more fierce than before. In parallel with this situation, not only the Supreme Court of the Philippines rendered a judgment in October 2007 ruling that the dismissal of 233 workers by Toyota was legal, but also regarding the case of bargaining right, the Court of Appeals of Manila deprived TMPCWA of its collective bargaining right by issuing a judgment in April 2008 which reversed the 2003 Supreme Court decision in favor of TMPCWA. Nonetheless, ILO persistently continued to issue Recommendations to the Philippine Government requesting it to start collective bargaining negotiation and to reinstate the 233 dismissed workers to their original work places, and at long last, at the meeting of the Committee of Experts on the Application of Standards held during the International Labor Conference in June this year, Union President Ed Cubelo of TMPCWA was allowed to deliver a speech focusing on the matter of Toyota Philippines and it was decided to dispatch a high-level mission to the Philippines within this year for the purpose of investigating the problem with union certification and extrajudicial killing.
What is important is that the willingness of the Philippine Government to accept the ILO high-level mission to the Philippines shows its own stance that the Philippine Government itself has come to admit it as inevitable to amend the law and practice of the Philippines so as to make them in line with the international labor standards. In this regard, Toyota’s frequently outspoken view that any local matter is left up to the local subsidiary in question as well as the attitude of OECD National Contact Point of Japan, headed by the Ministry of Foreign Affairs of Japan, that the sovereignty of the country in question must be respected for, particularly in terms of the independence of judicial power, so as to leave the problem to the law of the Philippines and the practice of Arroyo Administration, thus disregarding the ILO Convention and Recommendations. But, it is now that Arroyo Administration itself has come to be obliged to amend its own past practice. Yet, both Toyota and the Japanese Government are really unwilling to their attitude.
That is the reason why we should now protest to not only Arroyo Administration but also Toyota Motor Corporation, which controls Toyota Motor Philippines Corporation, as well as the Japanese Government, which has great influence upon the Philippines. For the reason as mentioned above, we call on as many as friends, comrades and supporters of TMPCWA to join us in signing the attached Protest Letter.
With warmest greetings in solidarity !
TOYOTA MOTOR PHILIPPINES CORPORATION WORKERS ASSOCIATION (TMPCWA)
Ed Cubelo Union President
Support Group for Philippine Toyota Union TMPCWA in Japan
Masamichi Yamagiwa, Joint Representative
Contact and message destination: Support Group for Philippine Toyota Union TMPCWA in Japan For the attention of Anti-Toyota Global Campaign Unit Home page: http://www.green.dti.ne.jp/protest_toyota/ Address: 〒230-0062 20-9-505, Toyooka-cho, Tsurumi-ku, Yokohama City, JAPAN Phone and Fax: 045-575-1948 E-mail address: protest-toyota@list.jca.apc.org
Your message is welcome also at:
Toyota Motor Philippines Corporation Workers Association (TMPCWA) Address: 1482 Elephant St., Group 5, Fort Bonifacio, Makati City Emails: tmpcwa1998@yahoo.com Website: www.tmpcwa.org
To Download protest form please click the links below:
Inviting you to signing a joint Protest Letter - final.pdf
July 28, 2009 TMPCWA Joins The Seven Days of Peoples March Caravan Against Trade Union Repression, Poverty, Killings, Plunder and Charter Change of the US-Arroyo Regime
July 21-27, 2009 TMPCWA joins the seven days of LAKBAYAN (March Caravan) from the Southern Tagalog Region (Southern part of Luzon Island) to Batasan in National Capital Region. The workers organization headed by Pagkakaisa ng mga Manggagawa sa Timog Katagalugan -(PAMANTIK-KMU) a broad alliance of workers in Southern Tagalog region, march against trade union repression, poverty, killings of leaders of the trade union and plunders of the Arroyo regime. The march caravan are also against the Charter Change pushes by the Arroyo Regime to amend the economic and political provisions of the Philippine Constitutions. Under the said amendments, the government will going to allow the 100% ownership of lands for the foreign monopoly capitalist. If this happens, the big foreign corporations will going have strong No Union No Strike policy especially in every EPZ- Economic Processing Zones. This mean more exploitations and profits. And more distorted laws against the workers rights will also be impose if this happen.
July 10, 2009
76 Toyota Workers are facing dismissals again
Since June 3, 2009, Toyota Motor Philippines Corporation (TMP) launches several investigations to some 76 regular workers. Some 64 workers are members of TMPCLO, some 4 workers are members of the TMPCSU and some 8 workers are members of the TMPCWA who are still working inside Toyota.
The management of Toyota are accusing those 76 workers of fraud and falsification of documents, by submitting fabricated receipts, to en-cash the Php.19,000 Cafeteria benefits of the workers, which included in the CBA of TMPCLO and Toyota.
TMPCLO are giving instructions to all their accused members to answer all the allegations of the management by individual explanations and forcing their members to admit the accusations of the management, because of their illusions that the company might be forgive them and might lessen the penalty. TMPCLO Leaderswants their members to kneel down to the management and beg for their dismissals.
TMPCWA would like to expose the stands of TMPCLO by helping the company in its plan to terminate the workers easily. The issue of dismissal is one of the long term plan of Toyota under its JIRITSUKA plan on 30/70 on 2010. Meaning to make the regular workers to become 30% and replace by contractual workers of 70%. This plan was already expose since 2006 by TMPCWA and was not implemented because of the continuing resistance of TMPCWA. But little by little the company find its way to make it possible by outsourcing the regular jobs of the workers and to sub-contract it. Now the company wants to meet the deadline because the year 2010 is almost near.
In one of the short caucus of TMPCWA inside Toyota, The industrial Manager Joseph Sobrevega are shouting and saying "the company is not recognizing TMPCWA". Many workers witnessed the barbaric actions of this I.R. manager. TMPCWA leaders did not antagonize the IR managers attitude, instead they continue the meeting with the workers. After few days there comes leaflet circulating inside the factory attacking the TMPCWA Officials.
TMPCWA grievance committee are representing the accused members against the alleged accusation of management, but Toyota doesn't like to accept it. Toyota must respect the will and explanations of the members as it was signed in their due process form. They should be represent by the grievance team of TMPCWA. If Toyota will not accept this legal procedure to negotiate with the grievance team of TMPCWA, then we are going to seek legal remedy outside the factory and will launch more actions against this kind of illegal and anti-workers activities of Toyota.
The barbaric anti-workers attitude of the IR manager of Toyota should be condemn as well as the objective of Toyota to terminate the workers. ### July 5, 2009
TMPCWAPresident Ed Cubelo and the Support Group for TMPCWA in Japan Visit ILO
Last month, from June 1st to 14th, President Ed Cubelo together with the General Secretary of the Zenzosen Mr. Hayakawa, had a chance again to visit Geneva, Switzerland to make a lobbying for the TMPCWA case at the ILO and to visit the General Headquarters of the International Metalworkers Federation.
After five years, its the only time TMPCWA had a chance to speak in the ILO meeting, that happens in June 11, 2009 in the Committee on Experts and the Application of Standards meeting. This speech becomes possible because of the help of the International Metalworkers Federation by accrediting TMPCWA and included the name under their delegation in the 98th session of this ILO conference. Ms. Allison Tate from the Australian Council of Trade Union also help a lot and guide President Ed inside the meeting to deliver the speech. In the Committee meeting, the representatives from the Philippine Government accepted the High-Level Mission from the ILO to visit the Philippines and to make investigations on a widening extra-judicial killings that is happening in the ranks of the workers and activists. Sending high-level mission is one of the proposal of TMPCWA and included in the speech of President Ed.
In June 9, 2009, President ED and Mr. Hayakawa had a chance to meet the executive officials of the International Metalworkers Federation in the General Headquarters of the IMF. Retired General Secretary Marcello Mallentacci together with the new General Secretary Jyrki Raina welcomes the meeting. New Assistant General Secretary Fernando Lopez, Zusanna Miller, Ronn Blum and Kristine Peter are also present in the meeting. There they discussed the updates on the TMPCWA struggle and how to continue the support to provide by the IMF.
During the whole stay, there are interviews with from one of a famous magazine chief editor of Altermonde who travel from France to Geneva, just to get article from President Ed and Mr. Hayakawa about the Struggle of TMPCWA and the workers situation in Japan and Philippines.
After the ILO activities, President ED move to Germany to make a visit with some German friends and supporters like the German-Filifino Friends (GFF) and the automobile workers organization from the International Automobile Workers Council. The International Automobile Workers Council would like to invite TMPCWA to attend the 5th autoworkers conference this coming October to share their experience and to make strong solidarity of automobile workers around the world.###
May 5, 2009
TMPCWA Celebrating 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 - EN BANC PLEA TO SET ASIDE A DECISION OF SECOND DIVISION THAT TURNED LABOR RELATIONS LAW UPSIDE DOWN.doc
To read the decision please follow this link: ..\..\Supreme Court Decision March 17, 2008.JPG
March 24, 2008
PEOPLES SOLIDARITY FROM FRANCE LAUNCH URGENT APPEAL!
To read the original appeal letter please follow on this link: ..\..\PDF-313.pdf
March 2008
Long March of the Workers against Repression and Killings "Defend and Fight the Job Security, Living Wage and the Right to Form A Union."
On March 3-7, 2008 TMPCWA join the great long walk (LAKBAYAN) together with the workers of Nestle and Nissan and the peoples of Southern Tagalog Region (Southern Part of Luzon Island in the Philippines) to address the workers grievances against the repressive policies of the Capitalist and the Estate. Farmers also join the LAKBAYAN.
The five days activity was organized by Pagkakaisa ng mga Manggagawa sa Timog Katagalugan-Kilusang Mayo Uno (PAMANTIK-KMU)-(Solidarity of Workers In Southern Tagalog Region - May First movement) and the long march was headed by the Big3 struggle of the region - TOYOTA, NESTLE, NISSAN struggle. TMPCWA start the first day activity by staging protest in front of Nissan Plant and Toyota Plant in Sta. Rosa city before merging in the main LAKBAYAN body. Churches and Town Barangay welcome the marchers and allowed to sleep in their establishments.
On the fourth day of LAKBAYAN the marchers try to visit the Supreme Court to condemn the Supreme Court unconstitutional and distorted decision issued in favor of Toyota Management and against the illegally dismissed workers issues on illegal dismissal and also to call the Supreme Court to implement favorable decision favoring the workers of Nestle and Nissan which after six year both Nissan and nestle management are not implementing, but the police blocked the road to prevent the marchers to stage protest in front of the Supreme Court. Although the police blocked the road, the marchers had successfully launch the program.
After the Supreme Court the marchers went to the Department of Labor and Employment Office of the Secretary, where Secretary Arturo Brion is working. In the middle of the program, the police dispersal cam with two fire trucks and violently disperse the marchers. The police dispersals has no moral authority to disperse the peaceful protest but the police dispersal are like criminals beating the workers with their night sticks and truncheon. 30 marchers was injured, 16 workers was brought to hospital including the leaders - Union President of TMPCWA (ed Cubelo), the Chairman of PAMANTIK-KMU (Romeo Legazpi), Acting Union President of Nestle Union (Noel Alemania). One support member of TMPCWA was critically wounded and cut his finger by the police dispersal stabbing him with a knife (Lucresio Baril) and one Officer (BOD) of TMPCWA (Virgilio Colandog) who was hit by a nightstick on the head. Four other victims of violent dispersal was arrested by the Western Police District (WPD)/ Manila Police District (MPD). The violent dispersal was headed by Col. Rosales who after wearing his helmet and hold nightstick and truncheon he joins the violent dispersal.
TMPCWA believes that the violent dispersal was instructed by Secretary Brion together with TOYOTA, NISSAN, NESTLE because the symbolic effigy of Toyota, Nissan Nestle theme (life size vehicle with Toyota, Nissan, Nestle logo) was destroyed also. The police only destroyed all the logo of the effigy. In the three days of march before the dispersal, the effigy created bad images against the Multinational Transnational repressive policies and estate oppressive policies.
On the fifth day, the marchers stage indignation rally to WPD/MPD to condemn the violent dispersal and successfully released the arrested workers and farmer. After the protest in front of the police station the marchers back to the DOLE to condemn the arrogant and violent dispersal ordered by Brion. The police could not do anything as the workers are determined to fight back if the police will dispersed again the marchers.
After the indignation rally in front of the DOLE, the marchers march to Malacanang Palace (where the fake Philippine President Gloria Arroyo resides) but again many policemen block the road. There the program start and the symbolic burning of the effigy of Gloria and TOYOTA, NISSAN, NESTLE. The great march declare a big success. To read the Japanese Support Group Solidarity Message on LAKBAYAN please follow this link: ..\..\Support_Group_on_Lakbayan_SOL-Message.doc
February 2008
KATSUAKI WATANABE President – Toyota Motor Corporation Toyota Ai-chi, Japan
Dear Sir,
We have been learned that the presence of the 202nd Infantry Brigade, Philippine Army and member of the Armed Forces of the Philippines (AFP), was allowed by the City Mayor to put-up detachment last January 10, 2008, near beside our union office in Block 1, lot 24 San Crispin Street, Buklod Diwa, Barangay Pulong Sta. Cruz, Sta. Rosa City Laguna, to allegedly launch Community Organizing and Development (CODE).
In connection with this, we also would like to inform you that the three (3) military members of the 202nd brigade in military uniform without any nameplates repeatedly went in our union office on January 24, 2008 at 10:30 a.m. and February 4, 2008 at around 8:30 in the morning to make an interview with all the people reside in there. In our views based on what we gathered information and investigation, it was contradicted in the real “intention” of their CODE. What they are doing is to harass and intimidate and sowing black propaganda against our union, preventing us in continuing our legitimate rights to form a union, freedom of expressions and to launch any activities of our union and the workers that is guaranteed by the Labor Code and the Constitution.
According to what the company guards are saying to some of TMPCWA members who still working inside the company that the 202nd armed military men are allowed to enter Toyota premises and most of the time can be seen inside Toyota.
Toyota also put-up another headquarters for the Laguna Industrial Park Police Assistance Group (LIPPAG) inside the company aside from the detachment of Philippine national police (PNP) of Sta. Rosa Laguna in front and the premises of Toyota in Sta. Rosa Laguna.
We would allow you to see something at a distance, that in all the places where there are military presences, many leaders like us, who were treated as activists advancing genuine interest of the workers and the Filipino people were brutally murdered and was being kidnapped, and many of them until today were not being found.
Based on these events, we as TMPCWA wrote this letter to let you informed about the harassment of your Philippine subsidiary the Toyota Motor Philippines Corporation (TMP) are now using extensive repression against us by utilizing Armed Forces of the Philippines to attack and destroy the long struggle of our union.
We would like the Toyota Headquarters in Japan (TMC) to give the following instructions to your Philippine subsidiary and also directly to make the same request to the Philippine government:
1. To request the Aroyo government to have withdraw the Detachment of the 202 Infantry Brigade that has been put up in the same Barangay Pulong where our union office is located to make threat against us; 2. to stop the members of the military Detachment entering inside your Philippine subsidiary TMP; and 3. To have the Laguna Industrial Park Police Assistance Group (LIPPAG) withdraw from your Philippine subsidiary TMP.
If there happens any drastic action of this 202nd infantry brigade military which will endanger the lives of our union leaders and members, the Toyota Headquarters in Japan will be held liable.
For the Filipino workers, ED CUBELO President-Toyota Motor Philippines Corporation Workers Association (TMPCWA) Email: tmpcwa1998@yahoo.com
to download this article please follow this link; ..\..\..\Desktop\protest letter to TMC final.doc
February 2008 TOYOTA AND 202ND INFANTRY BRIGADE COLLUDED!
Last January 10, 2008, the City Mayor of Sta Rosa endorsed the Barangay Chairman of Barangay Pulong Sta. Cruz, Sta. Rosa Laguna, to assist in putting up the MILITARY DETACHMENT of 202nd Infantry (Unifier) Brigade, 2nd Infantry Division, Philippine Army stationed in Barangay Antipolo, Rizal Laguna. The alleged objective of putting up a detachment is to launch COMMUNITY ORGANIZING AND DEVELOPMENT (CODE) in Barangay Pulong Sta. Cruz.
After this event, three military member of 202nd Infantry Brigade went twice in the office of TMPCWA without nameplate (January 24, 2008 and February 4, 2008). The military wanted to know the names of all the people living in the office, because the military are suspecting all the streamers and placards using in every rally of KMU were being made in our office. They also asking if the workers using “KA” (Comrade) before the name of a person inside the office)
In connection with this, Toyota put-up Headquarters of LAGUNA INDUSTRIAL PARK POLICE ASSISTANCE GROUP (LIPPAG) inside the company, this is separate to the detachment of PHILIPPINE NATIONAL POLICE (PNP) in front of the gate. TMPCWA also have learned that the 202nd Infantry Brigade is freely can enter Toyota Company.
In the investigation of TMPCWA, what the military are doing to TMPCWA is contradicted to the objective of the CODE. It’s a clear harassment and repression to the union and the all the leaders of TMPCWA. The union is suspecting Toyota behind the establishment of the Military Detachment that is almost close to the office of TMPCWA. Because in seven years Toyota failed to destroy TMPCWA, even Toyota illegally dismissed 233 members and all the leaders of the union. This is a desperate move of Toyota in using ruthless force of the military up to the extent of killings.
This is abnormal situation where military is supposed to face in the war. There is no war in Barangay Pulong Sta. Cruz. It must not put detachment in a community especially in a peaceful community where peaceful residents are living. The community has not been heard as a nest of criminal people or even a threat in the security of a state to declare MARTIAL LAW TYPE in this Barangay.
We can see on thing in establishing Detachment of 202nd Brigade. The military wanted to develop impressions to the community that all the people living in the union office are members of the New Peoples Army (NPA). Because the 202nd are popular group headed before by General Jovito Palparan who killed even an activist.
Toyota wanted to divert its responsibility, if ever something happened or has been killed in the ranks of TMPCWA, it can easily pass the responsibility to the military. In this kind of tactics it will free Toyota while the military can do is to put all the blame to the workers branded to be NPA.
Specially in this time where TMPCWA still continuing the struggle to gain genuine justice that has been denied for a long time of Toyota. The residents of Barangay Pulong Santa Cruz must not allowed the repression and the presence of the military inside the community and the Labor Dispute between Toyota and TMPCWA.
EXPOSED AND OPPOSED THE DIRTY SCHEME OF TOYOTA!
EXPOSED AND OPPOSED THE HIDDEN OBJECTIVES OF 202ND INFANTRY (UNIFIER) BRIGADE!
RESIDENTS OF BARANGAY PULONG, SANTA CRUZ AND ALL THE PEOPLE SANTA ROSA, LAGUNA SHOULD FIGHT TOGETHER THE MILITARIZATION AND OPRESSION OF TOYOTA-202ND INFANTRY BRIGADE TO TOYOTA WORKERS!
EJECT THE MILITARY IN THE COMMUNITY!
to download this article please follow this link; ..\..\..\Desktop\TOYOTA AND 202ND INFANTRY BRIGADE COLLUDED.doc
February 2008 JUSTICE FOR THE WORKERS ILLEGALLY DISMISSED BY TOYOTA!
Seven years have gone already, yet the workers illegally dismissed in 16 March 2001 still could not get any justice. The only reason of Toyota in dismissing the 233 members and all the leaders of the union are the victories of the workers to establish a union inside the company that will defend the fundamental rights and the livelihood of all the workers. The greedy Toyota could not accept its defeat in his extreme repression to bust the unity of the workers, still the workers advances genuine unionism headed by TMPCWA.
TMPCWA achieved many victories for instance the Supreme Court Decision (September 24, 2003 and January 28 2004) where it gives instruction to start Collective bargaining Agreement that is not implemented by Toyota. The International Labor Organization (ILO) who recommended the 1) reinstatement of illegally dismissed workers; 2) withdrawal of fabricated criminal charges against members and leaders of the union; 3) Union Recognition as Sole and Exclusive Bargaining Agent and; 4) to start CBA negotiation (from 2003-2007) all of this was not respected by Toyota.
This case has been reached already in the House of Congress, but even the Congress who summoned Toyota for three times to launch Inquiry hearing to make investigation was also denied by Toyota. Toyota said his policies are superior to any laws of our Country. The workers condition has been severely ignored, because even the legal and moral basis and victories achieved by the workers Toyota still did not listening.
Behind the never ending oppressions by Toyota and disrespects to the law, the workers illegally dismissed together with the union TMPCWA still continuing the struggle. Because of this Toyota put-up company union under Toyota Motor Philippine Corporation Labor Organization (TMPCLO) driven by the notorious traitor leaders in the ranks of the workers, they are WILSON LOMOTS, ANGEL DIMALANTA AND FRANCISCO MERO using its yellow organization the Automobile Industry Workers Alliance (AIWA).
The inveterate addicted Number One Union Buster Toyota are trying to hide the public his dirty scheme in launching Out Reach Program in some chosen community in the City of Santa Rosa. Putting –up Barangay Out-Post painted with Toyota name and logo in many places. But the illegally dismissed workers and the union TMPCWA will continue to expose and oppose all dirty schemes of the greedy Toyota together with all the people of Santa Rosa.
We should not ignore Toyotas filthy activities against the laws of our country moreover we must not allow trampling our Constitution of the foreign that has long been attempting in invading our country.
PEOPLE OF STA. ROSA; SUPPORT THE STRUGGLE OF OUR UNION-TMPCWA AND THE WORKERS ILLEGALLY DISMISSED BY GREEDY CAPITALIST TOYOTA!
to download this article please follow this link: ..\..\..\Desktop\JUSTICE FOR THE WORKERS ILLEGALLY DISMISSED BY TOYOTA.doc
click this to read the leaflets distributed in front of the Supreme Court and inside Toyota factory.... ..\..\SUPREME COURT EN BANC SHOULD HEAR.doc ..\..\OUTSOURCING AND SUBCONTRACTING A THREAT TO SECURITY OF TENURE OF THE REGULAR WORKERS.doc --------------------------------- TMPCWA UNITE WITH THE WORKERS IN SOUTHERN TAGALOG IN THE REGIONAL PROTEST AT THE SUPREME COURT!
On January 28, 2008, the Regional Solidarity of Workers in Southern Tagalog (PAMANTIK) launch regional action in support of the Three Big Fight of the region the TOYOTA-(TMPCWA)/ NESTLE-(UFE-DFA-KMU)/NISSAN (BANAL-OLALIA).
This action is to show strong condemnation against the Supreme Court to where all of the decisions favoring the workers of TOYOTA-NISSAN-NESTLE did not implemented by the companies.
"The Supreme Court Decision has no power if the workers get favorable decisions, but if the companies get favorable decision even in the lower court, the implementation was very quick" Ed Cubelo said in his speech.
"The workers in Southern Tagalog will never stop and cannot be prevented even by using bullets, we will continue the fight against injustices, specially against the Supreme Court Massacre and Unconstitutional Decision" - Cubelo said ending his speech.
TMPCWA will be united to all the workers in Southern Tagalog, in all actions against unfair labor policies and repressions of the capitalist and the states.
LONG LIVE THE WORKING CLASS! TMPCWA WELCOMES THE YEAR WITH PROTEST ACTION AT THE SUPREME COURT SECOND DIVISION!
On January 16, 2008, TMPCWA launch protest action in front of the Supreme Court as the Justices resumes its work on January 15, 2008.
TMPCWA strongly condemn the MASSACRE and UNCONSTITUTIONAL DECISION OF THE SECOND DIVISION that ILLEGAL DISMISSAL case becomes ILLEGAL STRIKE.
TMPCWA promised the Supreme Court that the illegally dismissed workers of Toyota will become their regular visitors until the Supreme Court En Banc will not hear our Petition to fairly review the Motion for Reconsideration filed by TMPCWA.
JUSTICE FOR SEVEN YEARS STRUGGLE OF THE ILLEGALLY DISMISSED WORKERS!
December 16, 2007 - YEAR END GATHERING
On December 16, 2007 TMPCWA launch Year-End gathering for all the members including the illegally dismissed workers and families.
Despite of the Massacre decision of the Supreme Court Second Division. The members and the families still holding their hand with faith to the justness of the struggle.
The gathering was full of spirit of fighting as TMPCWA prepares some program like the film showing of video documentaries of the genuine and militant Philippine Trade Union History. This film provides the understanding on how the labor movement become strong despite of too many resistance from the ruling class of big multi-national corporation and by the state. It awaken the awareness of the members and their families to be more persevere in advancing TMPCWA struggle.
Families from both inside and outside members of TMPCWA witnessed the strong solidarity of the workers and promised that they will continue to support the struggle.
The Officers of TMPCWA advices the members specially the dismissed members not to loose hope as the Supreme Court decision is not yet final. Even if the Supreme Court will make its final decision not to reverse the massacre decision, TMPCWA will still continue the struggle in the new stage.
LETS HOLD TOGETHER AND FIGHT TOGETHER 'TILL THE END!
LONGLIVE THE WORKERS OF TOYOTA!
November 2007
TMPCWA LAUNCH PROTEST IN FRONT OF TOYOTA! On November 23, 2007, TMPCWA launch indignation protest in front of Toyota Sta. Rosa plant to condemn in the highest form the strong connivance of Toyota and the Second Division of the Supreme Court for issuing the Massacre Decision.
The illegally dismissed workers define the Suprme Court decision as unjust, inhuman and unconstitutional.
The Supreme Courts Second Division headed by Justice Presbitero Velasco distorted the Philippine Constitution to where stated the in the law the FREEDOM OF ASSOCIATION AND THE FREEDOM OF EXPRESSION were guaranteed. Velasco gives more weight the anti-workers and anti-constitutional rules and regulations of the company.
TMPCWA believes that the objective of the Supreme Court Second Division in releasing the massacre decision is to stop the continuing strong international solidarity support to the struggle of the union. It also wanted to destroy the strong relationship of the illegally dismissed workers and the workers who still working inside the company and lastly it wanted to destroy the militant action of the whole labor movement in the country.
The workers have learned the background of Second Division Justices who are responsible in the massacre decision. Justice Presbitero Velasco the Ponente was a former Company Lawyer and was newly appointed by President Gloria Arroyo; Justice Leonardo Quisumbing was a former Secretary of Labor and Employment; Justice Dante Tinga was a former Congressman in the City of Taguig and also appointed of Gloria Arroyo; while Justice Antonion Carpio and Justice Conchita Carpio Morales are also a pro-capitalist. The workers cannot expect that this Second Division can give justice for the workers appeal.
Nevertheless, Toyota workers will not stop, specially the illegally dismissed workers and will continue the struggle to obtain genuine justice. Actions and condemnation will continue against inhuman and unjust connivance of the Supreme Courts Second Division and the greedy Toyota.
EXPOSE AND OPPOSE THE STRONG CONNIVANCE OF THE SUPRMEE COURT SECOND DIVISION AND THE GREEDY TOYOTA MANAGEMENT!
CONDEMN IN THE HIGHEST FORM THE MASSACRE DECISION OF THE SUPREME COURT SECOND DIVISION!
CONDEMN IN THE HIGHEST FORM THE ANTI-WORKERS AND GREEDY TOYOTA MANAGEMENT!
November 2007
INDIGNATION RALLY IN FRONT OF THE SUPREME COURT! Last November 8, 2007, TMPCWA launch indignation protest in front of the Supreme Court to strongly condemn the Massacre Decision released by the Supreme Courts Second Division headed by the Ponente Presbitero Velasco.
The illegally dismissed workers define the Supreme Courts decision as a Massacre decision because of its anti constitutional character imposing that the company rules and regulations are higher than the provision written and guaranteed by the Philippine Constitution.
The illegally dismissed workers promised to become the regular visitors of the Supreme Court and will not stop to expose the dubious Justices of Second Division of the Supreme Court.
STRONGLY CONDEMN THE MASSACRE DECISION OF THE SUPREME COURTS SECOND DIVISION!
To read the Soft Copy of the Motion For Recognition filed by TMPCWA and the Petition for the Supreme Court En Banc please click this links:
..\..\TOYOTA SC- CERTIFIED CASE - MOTION FOR RECON.doc --------------------------
November 9, 2007 JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS OF TOYOTA AND THEIR FAMILIES!
This photo was taken last November 4, 2007 meeting with the illegally dismissed members.
Illegally dismissed members of TMPCWA still determined to fight, despite of the killer decision of the Supreme Court.
To Read the Supreme Court Decision, copy and paste the links in your browser. http://www.supremecourt.gov.ph/jurisprudence/2007/october2007/158786_158789.htm
|
|||||||
|
- http://www.peuples-solidaires.org/IMG/pdf/APPEL_292_PHILIPPINES.pdf
http://www.green.dti.ne.jp/protest_toyota/
June 23, 2007, GENUINE NEWSLETTER of TMPCWA Prop_Jun_23_2007.pub
Translation (Original in Japanese) - protest letter to OECD-TUAC, from Support Group for TMPCWA in Japan
Newspaper in Switzerland ESpage8.pdf
Illegally dismissed members of TMPCWA still determined to fight despite of the killer decision of the Supreme Court.
some of the photos taken in the International Automobile Workers Council - IAWC, in Stuttgart, Germany. |
|||||||
