On November 15, the House of Congress Committee on Labor set for deliberation of TMPCWA case to the continuous violation of Toyota management.

The hearing deliberation headed by Congressman Barrinaga of the Committee on Labor and Congressman Rafael Mariano representing ANAK-PAWIS Party List (PartyList of the Toiling Masses) leads for the investigation on the case.

From the DOLE Representative is USEC. LAGMAN and USEC PADILLA and Arbiter Montefalcon of the DOLE-National Capital Region and TMPCWA.

Toyota management did not show up instead they sent a letter reiterating that the case of TMPCWA is pending already in the Courts.

Cong. Barrinaga is questioning the DOLE on how the issue of TMPCWA became very critical and why the DOLE certify another union where TMPCWA is claiming as still the existing bargaining representative of the rank and file workers in Toyota. The DOLE representatives became the extension of Toyota when it defended the company's position and not looking the gravity of the law of the land and the labor code itself. For instance, the DOLE representative made an excuses that the case of TMPCWA is pending in the Court of Appeals, thats why they certify another union. But according to the law, when there is a pending cases in the courts the DOLE cannot certify niether conduct another certification election unless all pending cases is resolve.

Cong. Rafael Mariano ask the DOLE Officials on what will be the present status of TMPCWA despite being existing bargaining agent but the DOLE certify another union? This question is hang unclear and the DOLE officials leave this issue to the discretion of the company.

In more than one hour hearing deliberation of the Committee, the DOLE has been exposed conniving with Toyota management as being extension of Toyota while trying to defend the company's position and actions. Congressman Barrinaga move to submit a memorandum on the next deliberation of the Committee.

DOLE Representatives Congressman ROSELLER BARRINAGA Congressman RAFAEL MARIANO

Today November 14, 2006, the members and officers inside Toyota reported that the yellow union TMPCLO is now announcing the negotiation was already finished and they are now starting the process to ratify the CBA.

The rank and file workers are very excited to this news from the TMPCLO leaders because they want to get the benefits, but they have a question in their minds on how the negotiation is finish. They are not informed that after the postponement of the negotiation the workers did not know when it was resume and now it was already finished.

The TMPCLO bogus leadership is now campaigning to the rank and file workers "if the workers will not sign to ratify the CBA, the workers will not get the signing bonus.

The company and the yellow union TMPCLO is hurrying and fast tracking the negotiation because the members of TMPCLO is collapsing and many workers in the rank and file retracting to TMPCLO after TMPCWA expose the content of the CBA proposal and the future plan of the company to legalize the dismissal of the workers by means of the compromised bargaining agreement-CBA.

Last November 12, 2006, Our Union Vice-President (Internal) Wenecito urgel reported that the harassment of the company to him is extending to his family members.

Wenny informed us that his wife's nephew is a partial scholar in a technical and catholic school to where the Toyota company recruiting young workers. This technical school is forcing his wife's nephew to pay the remaining partial tuition fee amounting to Php. 4,000 by this week. But according to Wenny's wife the technical school and his nephew was agreed to pay the remaining payment on December 6, 2006 and signed a promisory note.

The Technical school is one of the famous Catholic school exclusive for the boys. The administration wrote and put to his nephew's records like this; " C/O WENECITO URGEL. TMPCWA UNION LEADER".

This only shows that the Toyota Management is extending the harassment to our leaders because he is one of the strong officer of TMPCWA and very active in exposing the illegalities made by the company to all the workers inside Toyota factory.

We included this incident as another unfair labor practice of the Management and we already added this incident and we manifests during our hearing in today November 13, 2006 Notice of Strike in the National Concilliation and Mediation Board-NCMB.

According to our union Internal Vice -President Wenecito Urgel that he is experiencing harassment inside the factory when he is not allowing to use the telephone and banned him to call any body outside the factory and to receive any call from any body inside and outside Toyota. Wenny as many members called him, informed us that his Junior Group Chief ALDRIN LINANG and Senior Group Chief LEO ONA, banned him to use the telephone since yesterday (November 9, 2006). This happened only in his place of work. His Group Chief even remove the telephone handset to make sure not to be use by Wenny. Wenny suspecting that the new policy was came from his Manager BOBIT MAANO.

Wenny is not the only leader of TMPCWA being harassed by the company. Manolito Gertes another TMPCWA officer and belong to the arrested officer of the August 21 picket in the DOLE, also reported today that the company change his Sick Leave application to Absent Without Permission or AWOP. Manolito Said that he was on Sick Leave and went to see the doctor in the hospital for check up. He got his medical certificate confirming of his records but his superior did not recognized the doctors medical certificate.

Both of them strongly feels that what happening to them was an instruction from their managers and from the company.

TMPCWA strongly condemns the continuous harassment of the company. We will for sure make necessary action against the continuing illegal activities of the company not only against the leaders of TMPCWA but to all the members of our union and bring this case to the court.

Photo was taken during the picket in front of the Department of Labor and Employment

Last October 26, the Executive Vice-President of Toyota speaks in front of the office staff workers inside the factory that "it's better to close the factory rather than reinstating the members of TMPCWA''. This information also confirmed by members of TMPCWA.

TMPCWA is looking this information as a threat to the EVP's position, because it seems that he is one among the company officials that has responsibility on why the 233 members and all oficers of TMPCWA was dismissed illegally by the company. He is setting the workers mind specially the office workers to be angry to TMPCWA. He is hoping the workers from inside will say to the dismissed members not to come back to work anymore because they will suffer if the company will close down.

Toyota Officials are worried because of the decision of the Supreme Court favoring NISSAN workers reinstating more than 140 members of the striking Union in its latest decision. Toyota management thinks that the better idea is to sacrifice the whole company and the entire workers of Toyota, rather than respecting the law of the land. Just like what happened to the Supreme Court final decision nullifying the Injunction Order of the Court of Appeals in favor to the union TMPCWA, Toyota shamelessly refuse to sit for a CBA negotiation but illegally start to negotiate with their own yellow union.

What ever is the reason why this Executive Vice-President of Toyota speaking like this, TMPCWA will continue to fight and advance the long struggle of the workers in Philippine Toyota.

Last October 19, 2006, the yellow union calls a caucus to the rank and file workers in the production area to update about the negotiation between TMPCLO and Toyota management.

According to Eric Bascon, Vice President of TMPCLO that "the CBA-negotiation was defered because there are workers who does'nt like CBA, waht is painful is most of this workers are their members".

This happened after TMPCWA leaders inside the the factory continuously exposing the illegal activities and compromised CBA-negotiation between TMPCLO and the management. The expose' of the content of the CBA-proposal in political provision is the main discussion inside the factory.

Most of the rank and file workers does'nt know the content of the CBA-proposal of TMPCLO and the leaders of TMPCLO did not discuss the content of their CBA proposal.

After TMPCWA open this issues and explain to the rank and file workers by means of leaflets distribution and by caucuses during breaktime and bus hopping and canteen hopping activities, many members of TMPCLO rush to their union office to compronted the TMPCLO leaders. Many workers submits their resignation to the union because of this. Until the postponement of the negotiation, the members of TMPCLO still collapsing.

Many new regular workers went to TMPCWA leaders to go along with them in submitting their resignation as a union member to the office of TMPCLO.

Last September 21, 2006, there are some 111 rank and file workers of Toyota filed a "PETITION TO DECLARE THE CERTIFICATION ELECTION DATED FEBRUARY 16, 2006 AS WITHOUT LEGAL EFFECT/ WITH MOTION FOR THE ISSUANCE OF CEASE AND DESIST ORDER AGAINST TOYOTA MOTOR PHILIPPINES CORPORATION AND TMPCLO FROM ENGAGING IN COLLECTIVE BARGAINING NEGOTIATIONS OR TO SUSPEND THE SAME IF ONE HAS TAKEN PLACE PENDING DETERMINATION OF THE RIGHTS OF HEREIN PETITIONERS AND DECISION OF THE LABOR ARBITER ON A CASE AGAINST TOYOTA FOR UNFAIR LABOR PRACTICE FOR ITS REFUSAL TO COLLECTIVELY BARGAIN AND FOR THE DECLARATION THAT TMPCLO IS A COMPANY DOMINATED UNION."

The petitioners praying for the office of the DOLE for the judgment to be rendered;

A. To declare the certification election dated February 16, 2006 to be without legal effect as it will clearly prejudice the rights of herein petitioners;

B. To order Toyota and TMPCLO to cease and desist in engaging in collective bargaining negotiations if one has commenced between Toyota and or suspend further collective bargaining negotiations until the Labor Arbiter has come up with the decision on the unfair labor practice charge against Toyota and or against TMPCLO as a company dominated union, and until such decision/s has attained finality.

Leaders of TMPCLO are claiming that some 80 workers who signed the Petition was their own members and they are very surprised to what the the 80 workers have done. TMPCLO leadership made an announcement and warned those 80 members of TMPCLO to retract from their union or to resign to their union because after the conclusion of the CBA (between the Toyota management and TMPCLO) they will for sure to terminate those workers.

The DOLE office in Region IV already set for a mandatory hearing on November 8, 2006 at 10:00am to all the parties involve.

TMPCWA salute to the 111 rank and file workers who signed the petition without fear of any harassment from both Toyota management and company dominated union TMPCLO.

The ASIAN HUMAN RIGHTS COMMISION in HongKong have filed a complaint to the Philippine Commission on Human Rights for Human Rights violation against the DOLE guards and the police who violently dispersed the 21 officers and members of TMPCWA.

The Commission on Human rights issued a subpoena requiring all the parties involve in the August 16, violent dispersal to the DOLE, to appear for a dialogue/ investigation to be conducted by the commission on November 6, 2006 at 1:00pm.

Philippine Toyota workers are very thankful to the action of the international human rights group concern to this issue. The workers are very eager to attend to this investigation to let everybody know how rotten the system is. We wanted to let everybody know how the DOLE illegal activities was back up by the police and how the DOLE works for the big multi-national corporations like Toyota.

Updates to the struggle:

After the illegal decision of the DOLE issued by the new Secretary of DOLE Arturo Brion, Toyota and its company dominated union TMPCLO start the illegal negotiation.

This illegal negotiation was exposed by TMPCWA as not only illegal but compromising because of the contents of the CBA proposal of TMPCLO which can legally dismiss the workers in the near future.

The long term plan of Toyota management was included secretly in the political provision of the CBA proposal of TMPCLO.

According to Toyota management plan starting next year 2007 up to the year 2010, the ration of the workers must be 60/40 or 60% contractual workers and 40% regular workers. It’s a part of the reduction plan and program of the company and was backing up by the TMPCLO.

Here are some highlighted provisions that already agreed by TMPCLO and Toyota management under their compromised bargaining agreement.

In ARTICLE II SECTION 4 – UNION SECURITY;

SECTION 4. LOSS OF MEMBERSHIP – Subject to law and jurisprudence, the UNION shall have the right to demand from the COMPANY the dismissal of the members of the UNION on the following grounds:

Ø Meaning the union can terminate workers without hesitation.

Ø The workers that became a union member can be terminated because he/she is agreed or sign and ratified the CBA proposal of TMPCLO.

Ø Even the union members without committing any violation can be terminated because they are sanctioned by the compromised agreement.

Expulsion from the UNION due to the following reasons;

Disloyalty to the UNION;
Willful refusal to pay UNION dues fees and other assessments;
Organizing or joining another labor organization before the freedom period of the CBA

ARTICLE III SECURITY OF TENURE SECTION 6, and ARTICLE VI, SECTION 5 –this concretize the future termination of the workers as designed in the long term plan of the company.

In Lay-Off provision – the new regular workers will be affected because of the LAST IN FIRST OUT. Even the old regular workers will be affected (Article III – Section 6 ) (Art. 6 – Sec-5).

ARTICLE II SECTION 4 xxx The Union has delivered to the Company a written undertaking that the UNION holds the COMPANY free from any liabilities whatsoever in connection with the dismissal.

TMPCWA fights against this immoral and unjust idea of the Management and its yellow union.

TMPCWA can fight for all the rank and file workers even the contractual workers. TMPCLO and Toyota management cannot force our members to join the irresponsible union of TMPCLO and its bogus leadership that conspire with the greedy capitalist and compromises the workers rights for their own interest and benefits.

let us continue to expose, oppose and condemn the illegal, immoral and compromising CBA-Negotiation between the yellow union TMPCLO and the greedy Toyota management.

References:

Article II. Union Security:

Section 3: Automatic Coverage: The COMPANY likewise agrees that all new rank and file team members who may hereafter be employed, except those in classification not covered by these Agreement, shall be required to, as a condition of continued employment, to become members of the UNION within 30 calendar days from the date of their regularization.

Section 4: Loss of Membership: Subject to law and jurisprudence, the UNION shall have the right to demand from the COMPANY the dismissal of the members of the UNION on the following grounds:

Resignation from the UNION
Expulsion from the UNION due to the following reasons;
- Disloyalty to the UNION;
- Willful refusal to pay UNION dues fees and other assessments;
- Organizing or joining another labor organization before the freedom period of the CBA.

Section 5: the UNION agrees that any sanction implemented by the COMPANY at the instance of the UNION under this Article shall be at the sole risk, responsibility and expense of the UNION in the event such sanction is reversed, or otherwise set aside or nullified by the Department of Labor and Employment or any tribunal or court of law in accordance with applicable Philippine Law or Jurisprudence, unless the tribunal or court of law has specifically placed the liability on the shoulder of the COMPANY.

Article III. Security of Tenure:

Section 1. The COMPANY shall formally notify the UNION in advance in the event of redundancy, retrenchment or closure of the COMPANY, or parts of it. Such notice should be given at least 30 calendar days before the COMPANY submits the required notification to the Department of Labor and Employment. During the said period, the COMPANY shall inform the UNION and discuss with it the criteria for the selection of the team members to be covered by the redundancy or retrenchment program, as well as other matters relative to the implementation thereof.

Section 2. The exercise of the COMPANY of its prerogatives under the UNION SECURITY as well as the implementation of COMPANY rules and regulations shall be in accordance with law and jurisprudence.

Section 6. In the event that the COMPANY finds it necessary to reduce the number of Rank and File team member personnel, contractual, apprentice and probationary Team Member shall be the first to be laid off. With respect to lay-off of the regular rank and file Team Members, efficiency or performance, qualifications and personnel records being equal, seniority shall determine who shall be laid-off first.

Article VI. Promotion, Transfer, LAY-OFF and Recall:

Section 1. Factors to be followed in team members movements- in the exercise of the customary functions of MANAGEMENT as regards to personnel movement, transfer, lay-off and recall, the COMPANY shall be guided by the following factors:

Seniority
Capability, efficiency or performance and attitude;
Job knowledge and potential; and
Attendance

Capability, efficiency, performance and attitude being equal, seniority shall prevail.

The COMPANY shall exercise just and fair evaluation of such factors. It is understood that this provision is applicable only to members of the bargaining unit to movements within the bargaining unit.

· Seniority is defined as length of service counts from the date of hiring as a probationary Team Member.

· Capability, efficiency or performance and attitude:

o Ability to perform good work in accordance with the COMPANY standards.

o Ability to cooperate with managerial, supervisory staff and fellow team members.

o Readiness to accept supervisors and manager’s instructions and to perform them properly.

o Compliance with the COMPANY policies, rules and regulations.

o Physical fitness.

· Attendance is promptness in reporting for work, in other words, prompt observance time signals, scheduled starting time, morning and afternoon break time. Main meal break time and quitting time (absence without permission, suspension, tardiness and under times are negative factors that affects attendance).

Section 5. LAY-OFFS – lay-offs shall be guided by the following factors:

”Temporary Lay-off”- This is an adjustment or reduction in workforce due to lack of materials, equipment breakdown, model change, or other causes that may necessitate a temporary reduction in the work force.

“Permanent Lay-off- This is a reduction in the work force due to a significant and prolonged reduction of volume of the Company’s business.

“Lay-off Procedure”- In case of lay-offs, whether in a Production or Non-Production Department, temporary, casual, and probationary Team Members will be the laid-off first. Taking into consideration length of service or seniority (on a last in- first out basis), and the needs of the COMPANY, disciplinary action, and attendance. No Team Members will be upgraded due to lay-off.

Article IX. Responsibilities of the Parties: To this end, industrial peace and harmonious relations among the Team Members, the UNION and the COMPANY are crucial. Both the UNION and the COMPANY agree that, for the duration of this Agreement there shall be no disruptions to industrial peace, including but not limited to lockouts, strikes, barricades, boycotts, slowdowns or other actions that may interfere with the normal operations and work schedules

some photos in the September 12, 2006 International day of protest in front of the Japanese Embassy in the Philippines.

TOYOTA MOTOR PHILIPPINES CORPORATION WORKERS ASSOCIATION PICKET IN FRONT OF JAPANESE EMBASSY!

Toyota Motor Philippines Corporation Workers Association (TMPCWA) held a picket protest last September 12, 2006 in front of the Japanese Embassy to bring to the Japanese Government our demands for Toyota COmpany to recognize our union, reinstate 136 illegally dismissed workers and start collective bargaining agreement with TMPCWA.

The picket protest is part of the September 12 Global Day of Action called by the International Metalworkers Federation (IMF) to amplify the plight of the Philippine Toyota workers. The IMF is calling on the Japanese government to use its influence in bringing a fair resolution to more than six (6) year old case of Toyota Philippines.

Workers and Supporters in Australia, Brazil, Belgium, France, Kenya, South Africa, Ukraine, India and many others supports the protest actions on Japanese Embassies and consulates on the same day.

Workers from other Japanese owned-companies in the Philippines, under Coalition of Autoworkers and Related Industry Agains Imperialist Domination (CAR-AID) join the picket protest. The Newly-launched Metal Workers Alliance of The Philippines (MWAP) also support the protest action.

The Japanese Embassy officials accepted TMPCWA Leaders and other leaders of support organization to have a meeting inside the Embassy. Labour Attach'e First Secretary Shinichi KAKUI and Minister Economic Affairs Akira SUGIYAMA promised us that they will conveyed to our demand and immediately discuss the problem together with the Tokyo officials of Japan. They also promised us that they will give us information on the result of their discussion to our case.

TMPCWA urge the Japanese Embassy and the Japanese government to immediately act on this matter as soon as possible because Toyota is the biggest shame to all the Japanese People and Culture. Toyota is not only damaging the image and culture of Japanese people but the the whole country of Japan as a whole.

JAPANESE EMBASSY MUST INTERVENE TO THE LONG AND WORSENING LABOR DISPUTE IN PHILIPPINE TOYOTA!

TOYOTA MUST RESPECT AND IMPLEMENT THE SUPREME COURT DECISION AND ILO RECOMMENDATION!

CONDEMN THE ILLEGAL, IMMORAL, ANTI-UNION ACTIVITY OF PHILIPPINE TOYOTA AGAINST TMPCWA!

CONDEMN THE ILLEGAL CBA NEGOTIATION AGAINST ITSELF USING THE COMPANY UNION TMPCLO!

GENUINE INFORMATION

FROM TMPCWA

CONDEMN AND JUNK THE ONE-SIDED ILLEGAL DECISION OF THE CONNIVING DOLE-TOYOTA AND THE YELLOW UNION TMPCLO!!!

GENUINE INFORMATION

FROM TMPCWA

Philippine Toyota workers struggle update

UPDATE TO THE STRUGGLE OF TMPCWA.