

	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 2^nd 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 2^nd Division is covering up the truth to come out because of outside pressure coming from Toyota to release the “one-page” decision. Secondly, the 2^nd 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 2^nd Division. We argued that the 2^nd 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 2^nd 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 2^nd Division gravely erred in its decision to justify its unconstitutional decision. It is also a mystery why the 2^nd 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! Appeal n° 314 (6 March to 10 May 2008) Philippines Toyota's big maneuver Toyota, the world's leading car manufacturer since 2007, prides itself on being "the most admired" one too. The multinational attributes this distinction to its constant concern to satisfy its customers and to its environmental awareness evidenced mainly in the launch of the first hybrid car. The firm's slogan is a confident: "Today, tomorrow, Toyota". Yet "today", as for the past seven years, Toyota is refusing to recognize an independent trade union's freedom of association and right to collective bargaining in one of its factories in the Philippines, even though these are recognized by Philippine law. "Today" the Philippine army is directly involved in the labour conflict. What hope is there for "tomorrow"? The multinational recently announced that it was planning to upscale its activity substantially by 2012, mainly by expanding production in China, India and Russia. If in these three countries it reproduces the behaviour in the Philippines that we have been denouncing for years, admiration for the multinational is unlikely to last. Toyota set up its first production plant in the Philippines in 1988. From the start the firm flouted its workers' rights, especially the fundamental right to free association and collective bargaining –indispensable for improving working conditions and complying with labour laws. Ten years later, when the workers decided to form an independent union, the Toyota Motors Philippines Corporation Workers Association (TMPCWA), the firm categorically refused to recognize it. Seven years of struggle for workers unfairly dismissed In 1999 the TMPCWA won the trade union elections but the Toyota management refused to recognize these results and tried in every way to challenge their validity. The mediator from the Philippine labour relations bureau and the Labour Minister himself attempted to intervene, but to no avail: Toyota refused to negotiate with the legally elected union. In February 2001, to protest against the firm's clearly anti-union attitude, the TMPCWA organized a series of peaceful demonstrations outside the ministry. Toyota then decided to sack them, and a total of 233 workers were left without jobs because they had tried to defend their rights. To support their colleagues, workers at the factory organized a strike picket outside Toyota's two factories in the Philippines and demanded their immediate reinstatement. With the support of the parent company in Japan and of other Japanese multinationals in the Philippines threatening to leave the country if their interests were not protected, Toyota obtained the assistance of the police which, together with private guards, violently dispersed the demonstrators. Yet in 2003 and 2004 the Supreme Court had ruled that the strike was legal, and had enjoined Toyota to agree to collective bargaining. From 2001 to 2006, the ILO's Committee for Trade Union Freedom issued no fewer than four recommendations urging the Philippine state to ensure that the TMPCWA's rights were respected. Toyota, clearly supported by the Labour Ministry, seemed nevertheless to remain deaf to the workers' demands. Connivance with the Philippine Army Peuples Solidaires has been supporting the TMPCWA in its struggle for the past few years, and has already launched three Appeals concerning Toyota, in 2004, 2006 and 2007. We are therefore extremely concerned to learn that on 10 January 2008 a military detachment of the 202 infantry brigade of the Philippine army was moved into the area near the TMPCWA offices, in the Pulong Santa Cruz district, officially with the mission of supporting the local population's development. The untimely visit of three members of this unit to the TMPCWA offices on 24 January and 4 February 2008, and their questioning of union members, suggest renewed attempts to intimidate the union. At the same time, a special police station was set up on the company's premises to protect Toyota's Laguna site. The TMPCWA has furthermore learned that the members of the infantry brigade near their offices have free access to the Toyota factories. The TMPCWA fears that the presence of this military force will lead to violence, kidnappings or even murders. The Philippines is one of the most dangerous countries in the world for trade unionists, and the presence of soldiers near a union in conflict does not augur well. "Nothing justifies a military presence in this part of town" explained Ed Cubelo, chairman of the TMPCWA; "the Pulong Santa Cruz community is not known for being a den of criminals or a threat to security, which might have justified something like martial law…". The fact that the 202 infantry brigade has tried to make the local population believe that the TMPCWA unionists are actually members of the New People's Army (NPA), a paramilitary group dependent on the Communist Party of the Philippines (CPP), considered as a terrorist organization, simply amplifies our fears for the unionists' safety. The march of the "Big Three" From 3 to 7 March 2008, the three main trade unions in the Philippines – those at Toyota (the TMPCWA), at Nissan and at Nestlé – participated in a five-day march from the south of Luzon (known as the "investment capital") up to the president's palace in the centre of Mailla to inform President Gloria Macapagal Arroyo of the three multinationals' anti-union activities. The TMPCWA website: www.tmpcwa.org Peuples Solidaires Appeals - September 2007, "Toyota, a two-speed coronation" (Appeal n°309) http://www.peuples-solidaires.org/IMG/_article_PDF/article_698.pdf - March 2006, "Toyota takes the wrong road" (Appeal n° 292) http://www.peuples-solidaires.org/IMG/_article_PDF/article_698.pdf - March 2004, "Dialogue breaks down at Toyota" (Appeal n°269) http://www.peuples-solidaires.org/IMG/_article_PDF/article_698.pdf WRITE! Send protest e-mail to Toyota France! http://www.peuples-solidaires.org/rubrique164.html Deadline for reaction: on reception, and until 10 May 2008. PROTEST LETTER M. Michel GARDEL Président de Toyota France 20 bd de la République 92423 Vaucresson Cedex FRANCE Monsieur, J'ai été informé(e) par Peuples Solidaires des atteintes répétées aux droits des travailleurs dans les usines Toyota aux Philippines. Depuis sept ans, Toyota refuse de négocier collectivement avec le syndicat indépendant Toyota Motor Philippines Corporation Workers Association (TMPCWA). Je suis particulièrement inquièt(e) d'apprendre que, depuis janvier 2008, des membres de l'Armée philippine ses sont installés à proximité des bureaux du TMPCWA et dans le parc industriel de Toyota à Laguna, et qu'ils se livrent à des actes d'intimidation envers les syndicalistes du TMPCWA. Je souhaite que vous transmettiez mes inquiétudes auprès des dirigeants de la Toyota Motor Corporation International, et que vous leur demandiez d'exiger du gouvernement Arroyo : - qu'il retire le détachement de la 202ème brigade d'infanterie qui a été installé à proximité des bureaux du TMPCWA; - qu'il interdise aux membres de cette brigade de pénétrer dans les unités de production de Toyota aux Philippines; - qu'il retire le poste de police spécial qui a été installé dans le parc industriel de Toyota à Laguna. Je vous prie d'agréer, Monsieur le Président, l'expression de mes salutations distinguées, Translation of the protest letter: Dear Sir I have been informed by Peuples Solidaires that workers' rights have repeatedly been flouted at the Toyota factories in the Philippines. For seven years Toyota has refused collective bargaining with the independent trade union Toyota Motor Philippines Corporation Workers Association (TMPCWA). I am particularly concerned about the presence of a military detachment stationed near the TMPCWA offices and on Toyota's industrial site at Laguna since January 2008, and of acts of intimidation against TMPCWA members. I would like you to convey my concern to the management of Toyota Motor Corporation International, and to urge them to demand that the Arroyo government: - withdraw the detachment of the 202 infantry brigade stationed near the TMPCWA offices; - prohibit members of this brigade from entering Toyota production sites in the Philippines; - withdraw the special police unit stationed in the Toyota industrial park at Laguna. Thank you for your attention to this matter. SUPPORT LETTER: TMPCWA 1482 Elephant Street, Armor Vill. Barangay Post Proper, Southside Makati City PHILIPPINES Dear friends of TMPCWA, I have been informed by Peuples Solidaires of the continuous refusal by Toyota's subsidiary in the Philippines to recognize the TMPCWA and to start collective bargaining negotiations with you. I am particularly worried about the presence of a military detachment near your office and inside Toyota's premises, as well as the presence of the LIPPAG inside the company. I support your action and have sent a letter to Toyota France requesting them to take immediate action at the Toyota head-office in Japan, to implement your demands. With warm regards, Fanny Gallois Peuples Solidaires 10, quai de Richemont 35000 Rennes FRANCE Tél. : 00 33 2 99 30 60 53 - Fax : 00 33 2 99 30 39 30 f.gallois@peuples-solidaires.org www.peuples-solidaires.org 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 202^nd 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 202^nd 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 202^nd 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 202^nd 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 202^ND 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 202^nd Infantry (Unifier) Brigade, 2^nd 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 202^nd 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 202^nd 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 202^nd 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 202^nd 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 202^ND 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-202^ND 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 - PETITION FOR THE HON. COURT EN BANC TO TAKE COGNIZANCE OF THE MOTION FOR RECON.doc ..\..\TOYOTA SC- CERTIFIED CASE - MOTION FOR RECON.doc -------------------------- November 9, 2007 JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS OF TOYOTA AND THEIR FAMILIES! The LAW was created to protect the rights of humanity, and not to serve the interest of a few. Contrary to the case of the workers illegally dismissed by Toyota, when the Philippine Supreme Court released a one-sided decision, in the alleged Illegal Strike / Illegal Dismissal case with G.R. Nos. 158789/ 158798, last 19 October 2007. WHEREFORE, the petitions in G.R. Nos. 158786 and 158789 are DENIED while those in G.R. Nos. 158798-99 are GRANTED. The June 20, 2003 CA Resolution in CA-G.R. SP Nos. 67100 and 67561 restoring the grant of severance compensation is ANNULLED and SET ASIDE. The February 27, 2003 CA Decision in CA-G.R. SP Nos. 67100 and 67561, which affirmed the August 9, 2001 Decision of the NLRC but deleted the grant of severance compensation, is REINSTATED and AFFIRMED. No costs. SO ORDERED. PRESBITERO J. VELASCO, JR. Associate Justice MASSACRE; this is how the illegally dismissed workers described the Supreme Court decision. Very unjust and evidently serving the one-sided interest of the multi-national and trans-national Toyota Corporation. Not even a single argument from the 227 illegally dismissed workers was heard by the Supreme Court. Each pieces of the thick decision with 49 pages; is like a sharp-edged knife that slices deeply into the worker’s body and their families, when you read the contents of the Supreme Court’s Massacre decision. In the two major points that the Supreme Court should have given a fair and just analysis, it seems that the panels of judges have a vendetta with the illegally dismissed workers. The judges made it seems that the workers committed the most heinous and deplorable crime that they already passed judgment without considering the side of the workers. The sharpness of their mind may prove fatal for the worker’s plight and be remembered as the KILLER DECISION. The workers firmly stands on their argument on the truth that not a single violation and illegal actions was committed on the peaceful protest actions on all occasions and that the facts are being distorted and misconstrued by the Supreme Court. What is evident is that the Supreme Court justices merely copied and added a few arguments on the allegations written on the petition of Toyota Corporation against its workers. Let us look into the massacre decision of the Supreme Court and try to answer truthfully, based on actual facts and events that was raised in the petition of the workers, but the justices of the 2nd Division of the Supreme Court, seems to have blindedly ignored. The 2nd Division said that the action made by the workers on February 21, 22 and 23 of 2001 in front of the office of the Bureau of Labor Relations (BLR-DOLE) is considered an illegal strike, based on three grounds: One, the Union did not filed for a Notice of Strike. The Union did not secured the necessary requirements before launching a strike; such as, the application of the Notice of Strike, a strike vote, and submission of the strike vote result to the Department of Labor and Employment (DOLE). Second, the Union did not secured a Permit to Rally at the Manila City Hall. And last, the Union violated the company rules and regulations of Toyota Philippines. The truth of the matter is that on February 21, 2001, the BLR called for a clarificatory hearing on the appeal made by Toyota on the two decision released by the Med-Arbiter and Undersecretary of the DOLE, recognizing that Toyota Motor Philippines Corporation Workers Association (TMPCWA), is the sole and exclusive bargaining agent (SEBA) for all the rank-n-file workers of Toyota. A handful of officers and workers filed their respective leave to attend the hearing. The clarificatory hearing was reset on February 22 and 23, 2001 as requested by Toyota management. The workers, sensing something unusual about it, attended to watch and guard the proceedings for any unfair actions by the BLR. The Union’s Argument: First, why is it necessary for the Union to apply for a Notice of Strike and the requirements that goes along with the Notice of Strike, when they are just attending what the BLR itself called for, which is the clarificatory hearing. In fact, the BLR invited the Union and Toyota management. If Toyota did not meddled in the affairs of its workers and continued its dirty tactics in delaying the recognition of the Union by using loopholes in the Law, then the workers would not have been instigated into attending the clarificatory hearing. Secondly, why is it necessary to secure a permit to rally, when it is a clarificatory hearing that the workers are attending?. During that time, the law on “No Permit, No Rally” is not yet implemented, as Gloria Arroyo’s Regime was newly established by People Power 2. It is also enshrined in the sacred pages of the Philippine Constitution which clearly guarantees the constitutional rights of its people the freedom of expression (the freedom of speech and peaceful assembly), to recognize the rights of workers to freely establish and join the union and that company rules and regulations cannot overthrow the highest constitutional law of the land, recognizing the right to form a union, which Toyota wanted to suppress. 2nd Division said; the strike on March 28 to April 12 including March 17 to April 12 was illegal. Even though the Supreme Court said that the union secured all the requirements for a legal strike of the DOLE, they said that the workers violated the Temporary Restraining Order (TRO) on Free Ingress To and Egress From or the blocking of the gates of the company. Toyota showed some photos to which they used to collaborate their claim that the suppliers and company officials where threatened by the workers. The truth behind this occasion: on March 16, 2001, the very same day the DOLE released its final decision that TMPCWA is declared as a SEBA, Toyota illegally dismissed some 300 members and officers of the union. Despite the illegal dismissal action of the company, the Union, in good faith, tried to negotiate with the management to reinstate the workers back to their work. In the two weeks that passed, Toyota ignored and disregarded the plea of the union. The Union decided that they have no choice but to defend their ranks by launching the strike on March 28, 2001. Second, the workers did not block the gates of the plants after the TRO. What was shown was a photo of a single worker standing in front of a gate, and another photo showing three workers standing in front of another gate. How can three men block a big gate, let alone a single person block a gate for vehicles passage by his lonesome? It is highly improbable for one or three, even five workers to block a gate unless they are chained in the gates which they are not, to block the gates of the company to prevent the vehicle from entering or leaving the plant. It can easily disperse the workers. Third, that the Supreme Court placed so much weight on a mere affidavit of a Toyota official that the Japanese officers were bad-mouthed by words such as “Bakeru”, which was not even submitted into a cross examination to determined its authenticity is clearly shameless. The 2nd Division said: The action made by the workers on May 23 and 28, 2001 was an illegal strike also. The workers who are in payroll reinstatement and not physically reinstated was accused of staging an illegal action in front of the company’s plant. The workers violated the assumption order (Asumption of Jurisdiction) made by Patricial Sto. Tomas, the Secretary of DoLE. The action made by the workers in front of the company can create possible trouble for the workers inside. The truth behind May 23 and 28, 2001, the Union did not launch any strike. The Union also did not violate nor defied the Assumption Order. First, the Assumption of Jurisdiction of Sto. Tomas is very favorable to the Toyota management. The Assumption Order is a “return to work order” based on the status quo but was given special treatment by allowing the company the option of choosing who will be reinstated and who are to be placed on the payroll reinstatement. There are some 227 workers placed on the payroll reinstatement. May 23, 2001, is a payday for Toyota workers. The same day for the 227 payroll-reinstated workers to gather in front of Toyota to get all their pay-slip. The workers were not able to get their pay-slip because Toyota transferred the day of the distribution on May 28, 2001. This was a ploy made by Toyota to orchestrate a well-planned design to create an atmosphere of animosity. The guards forcibly dispersed the payroll-reinstated workers by striking them with nightsticks when they heard a shot from a shotgun three times into the air by a guard, obviously as a signal for the attack to begin. The Supreme Court did not looking into the workers arguments. Not even a single consideration was given to the workers for their reasons in launching actions against Toyota. The Supreme Court did not even considered that the company committed acts of Union Busting which is why the workers had to defend their ranks. The court did not even consider that the massive illegal dismissal in the ranks of the workers on the eve of the recognition of the Union as the sole and exclusive bargaining agent, was planned all along by Toyota. The Supreme Court also did not bother to mention that the company defiantly refused to recognize the final decision of the DOLE, recognizing the TMPCWA as SEBA and its legitimate claim that it has all the legal and moral grounds to launch any concerted actions. WHERE IS JUSTICE IN THE SUPREME COURT DECISION? ALMOST SEVEN YEARS, the illegally dismissed workers is waited long for the decision. The workers are hoping that the Supreme Court will hear the correctness of Union’s argument. The workers are hoping that the Supreme Court will give justice to the almost seven years of agonized sacrifices. The workers are hoping the Supreme Court decision can give justice to the six children of the illegally dismissed workers who died because of poverty. The workers are hoping that the Supreme Court decision will give justice to the death of one of its member who never gave up in the long struggle, determined to fight for his right and for the union. The workers are hoping that the Supreme Court decision will give justice to the families that was teared apart because of the dismissal. The workers are hoping that the financial difficulties they experienced would be eased by the Supreme Court. The workers are hoping that the Supreme Court will give justice and dignity to all workers who choose to fight for their very fundamental rights as workers. The workers are hoping up to the end that the Supreme Court will give justice for the rank and file workers to establish genuine unionism that will serve genuinely for the interest of the workers. While waiting for the decision of the Supreme Court, the union did not stop to struggle. The union gains a lot of support in many countries. International solidarity recognizes the sublime struggle of the workers based on the Supreme Courts decision on September 24, 2003 and January 28, 2004, instructing Toyota to sit in and negotiate with the union. Toyota refused to cooperate and disregard those decisions, even the four recommendations of International Labor Organization in favor of the union. Because of that; strong voices of international solidarity echoed all over the world. The International Metalworkers Federation-IMF initiated International day of protest against Toyota. Some 44 countries with 71 organization and global organization participated. All of them stage a protest in front of Japanese Embassies on different countries in September 12, 2006. Another Global day of protest against Toyota was again made last September 12, 2007. To counter the wide range of support enjoying by the illegally dismissed workers and the union, Toyota with his cohorts DOLE Secretaries Patricia Sto. Tomas and Arturo Brion created the yellow union of Toyota Motor Philippines Corporation Labor Organization (TMPCLO) and immediately concluded the CBA (collective bargaining agreement). Unlike the KILLER Decision of the Supreme Court, TMPCWA wanted to expose the truth behind the distorted LEGAL SYSTEM in the land. It is a strong manifestation that we as workers cannot expect favorable decision, under the existing society that only serves the interest of the ruling classes. The Supreme Court released its decision to massacre not only the Union-TMPCWA, the workers and its families, but to make sure it will affect the whole labor movement. The decision is very political. Toyota and the 2nd Division of the Supreme Court wanted to exploit the one-sided decision to block the international solidarity and prevent them to gather a widening international support for the Union, which is a huge obstacle for Toyota which now has the title of being the “NUMBER ONE CAR MAKER OF THE WORLD.” Toyota and the Supreme Court, wanted to bring to an end to the strong bond between the illegally dismissed workers and the workers who still working inside the factory leaded by the union TMPCWA. TOYOTA WORKERS KNOWS VERY MUCH WHO IS REALLY THE EVILDOER. The MASSACRE DECISION cannot ruin the unity of the workers and the Union; even the decision was come from the highest court of the land, the Supreme Court, because the struggle of the Toyota workers and their families is a sublime struggle. The illegally dismissed workers and the workers inside will still continue the struggle. CONTINUE TO SUPPORT THE SUBLIME STRUGGLE OF TOYOTA WORKERS! STRONGLY CONDEMN THE MASSACRE DECISION OF THE SUPREME COURT 2ND DIVISION! STRONGLY CONDEMN TOYOTA! JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS AND THEIR FAMILIES! Long live Toyota workers! Long live the working class! 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
		Other Links http://www.imfmetal.org/ ..\..\index.cfm.htm www.peuples-solidaires.org - http://www.peuples-solidaires.org/article138.html - http://www.peuples-solidaires.org/article698.html - http://www.peuples-solidaires.org/IMG/pdf/APPEL_292_PHILIPPINES.pdf http://www.green.dti.ne.jp/protest_toyota/ http://wwwtmpcwa.blogspot.com 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.

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.

JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS OF TOYOTA AND THEIR FAMILIES!