Monday, March 3, 2008

[WAC Archives] Factsheet NMCW No. 03 2000

Nagkakaisang Manggagawa ng Chong Won -Independent
(United Workers of Chong Won)
NMCW Factsheet

Updated as of September 16 to November 13, 2006

On September 25, the union members declared a strike. About 116 workers majority of them are women picketed in front of the factory. Approximately 800 non-strikers showed up in front of the company on that day composed of less than ten regular rank-and-file workers, recontract workers, and hired scabs. The non-strikers were not prevented by union members in entering the company. They heeded the strikers' appeal on them not to report for work when the strike was announced that day. The management has since begun hiring over hundreds of workers obviously as temporary replacement for the union members in preparation for the impending strike.

Mr. Antonio Felismino, the CWFI production manager, was with the strikers on the same scene urging the non-strikers to report for work using a megaphone threatening them of dismissal, but only a few responded positively to his call. In addition, when majority chose not to enter the company, the few who had entered went back outside. Felismino also induced workers for a P500 (USD10) pay on that day instead of P204 (USD 4.08) and P272 (USD 5.44) minimum pay for contractual and regular workers, respectively, and pleaded with the non-strikers not to go home, but to no avail.

No untoward incidents between the strikers and non-strikers took place until at around 9:45am when 40 PEZA police and Jantro security guards arrived and started violently dispersing the workers on strike. At least 15 workers suffered head and body injuries. The PEZA police and Jantro security guards, armed with firearms, clubs and backed-up with water cannons, assaulted the strikers without any provocation who at that time holding a peaceful picket. The strikers were unarmed defending themselves. What they could only do is to cover their heads with bare hands. Together with this assaulting PEZA security forces are unidentified persons in civilian clothes, not from PEZA. One of those seen in the company was a certain Lito Felismino, brother of CWFI production manager and president of a tricycle drivers association inside the economic zone.

"They [police and guards] dispersed us in absence of a lawful order from the Department of Labor and Employment (DOLE). They are armed with guns, clubs while the workers had none. Their action was a complete disregard and violation of the existing guidelines for them to position 50 meters away," union's secretary Florencia Arevalo said. Under the existing guidelines on strike, police and guards are prohibited from positioning themselves below the 50-meter away from the picket line. Also, the union members have complied with the legal procedures for the strike and that they cannot be dispersed in absence of a lawful order from DOLE.

Of the 15 workers injured, two were Solomon Noceda and Benigno Terante. Noceda was repeatedly hit with clubs on the head and kicked all over his body. Terante had his left hand bleeding, bruises on his arms and his back. The two victims said it was the PEZA's Jantro security guards who attacked them.

Prior to the strike, the management of CWFI threatened it would either closed down once the conflict is not resolve. The company's Korean president, Yong Ryul Kim, told union officers to instead cooperate and settle the conflict with him because he would never negotiate for any collective bargaining agreement. He added that the company is allegedly heavily indebted and urged them to help pay his debts.

Earlier, the CWFI management distributed leaflets attacking the union and threatened that one of their buyers, US-based Wal-Mart, would pull out their orders once the conflict remains unresolved. The union members hit the Wal-Mart for failing to effectively intervene and washing their hands off from responsibility into the labor conflict.

On September 26, PEZA police and Jantro security guards drastically imposed blockade of food supplies to the workers' picket line. Following a failed attempt to violently disperse strikers, the PEZA police and Jantro security guards built a blocking point to prevent entry of food and to isolate the picket line. At least 70 union members were holed-up at the picket line at the time. They blocked the two corners of the road heading to picket line.

It is reported that the striking workers who went out of the picket line to get food supplies were already prevented from going back inside. Not only food supplies are being prevented, but also water and clothing supplies as basic needs for workers on strike. The PEZA police and Jantro security guards also seized some of identification passes (ID pass) of striking workers to deny them entry to CEPZ.

On this day, the CWFI management served notice of termination to 71 workers on strike.

On September 27, another 22 union members were injured, one of whom collapsed, when PEZA police and Jantro security guards once again assaulted and violently dispersed them at 9am. They were on their third day of peaceful strike when at least 30 combined elements of the Philippine National Police (PNP) from Rosario Municipal Police Station, PEZA police and Jantro security guards again assaulted them. The perpetrators attacked strikers peacefully gathering at picket line beside the factory's gate. The security forces were seen illegally escorting scab workers to get inside the factory.

One of the injured victims, Myrna Elizalde, was taken to the hospital after she collapsed during the scuffle. The other injured workers, however, were forced to stay to protect their picket line from being totally dismantled. Most of the workers suffered bruises and beatings on their body. Not only the PEZA police and Jantro security guards attacked the workers, the CWFI management has also urged the scabs to fight and attack the strikers instead. They also urged them to take defense weapons. The workers on strike condemned the PEZA authorities in their failure to prevent this violence.

The union reported that the attackers resorted on mashing the breasts of some of the female strikers, brutally hit the workers--most of whom are female--with clubs. The attackers, armed with clubs and back up with two fire trucks had no nameplates with them. The attackers have completely ignored and violated the rules and guidelines on strike.

The incident happens the same day the union officers and support groups went to the head office of the PEZA in Roxas Boulevard, Pasay City, to hold a protest to condemn the September 25 violent dispersal. They also condemned the continued harassment and food blockade by the PEZA police and Jantro security guards imposed on the workers on strike.

It was on that day when both union officer of CWFI and Phils Jeon Garments Inc. (PJGI) went to PEZA Director General De Lima's head office in Pasay City seeking for a dialogue with her. Because DG de Lima was not around, a certain Atty. Cajulis met the representatives of the two striking unions. While Atty. Cajulis and officers of the two unions were having a meeting, PEZA police and Jantro guards were busy violently attacking again the strikers at CWFI.

The union members are condemning the PEZA officials for not taking any action against the illegal and arbitrary acts the PEZA police are continually committing on the field. They have not taken any immediate action to prevent further violence, allow the workers on strike of access to food and afford immediate assistance to injured workers. Despite appeals for PEZA to immediately intervene to peacefully resolve the conflict, they have done nothing.

In the afternoon, Industrial Relations Division Chief Atty. Arada of PEZA called a dialogue on all parties concerned in the dispute at CWFI.

In attendance were: Atty Arada, PEZA police chief Jose Joel Sarasua, lawyer Omar Francisco and personnel officer of Chong Won; NMCW union president Resurreccion Ravelo and secretary Florencia Arevalo, and two more union officers, and Arnel Salvador of WAC.

The terms agreed on the said meeting were: food blockade to be lifted by PEZA, PEZA police and Jantro guards would stay 50 meters away from the strikers across the street; Chong Won shall submit the next day a list of workers in their July payroll, the month the union filed its notice of strike in order to determine the number of scabs; all strikers will be allowed to enter freely inside the CEPZ and in their strike area; makeshift tents would not be demolished without lawful written order; Jantro guards who have stationed themselves at the gate of CWFI near the strikers after the violent attack would leave at 6am the next day; and the agreed terms will be put into writing by PEZA to be signed by all parties concerned in the meeting of the next day.

The signing, however, did not push through because PEZA and the CWFI management have no real intention to implement the agreed terms in the dialogue. PEZA's bad faith was once again betrayed by their hostile actions towards the striking workers. On September 27, around 9:30pm, eight union officers headed by Ravelo and Arevalo were once again barred from entry and harassed by Jantro guards at the gate of CEPZ. A Jantro guard whose surname is Mortos tried to draw his firearm when Arevalo argued that they should be allowed entry as agreed in the dialogue called by PEZA itself earlier that day. Mortos retorted, it was "sir" and "mam" in the said dialogue who ordered not to allow the strikers an entry. Obviously, Mortos is referring to PEZA police chief Sarasua and Atty. Jane Arada.

On September 28, eight workers supportive of the workers on strike from another Korean-owned factory SP Ventures were illegally arrested and charged in court for trespassing. They were Gemma Lape, Lorna Reli, Ivy Villasan, Analou Estrimos, Glaysa Layesi, Josephine Bahar, Pablito Sapata and Rodelito Amo. Only Amo is not a former employee of the SP Ventures Corporation. Armed without any arrest or search warrants, Atty. Arada and elements of the PEZA police and Jantro security guards arrested them at the Kohzan warehouse inside the CEPZ.

They were taken to the PNP Rosario Municipal Police Station (RMPS) where they were detained until their temporary release on October 4. They were not intruders. They are known to the PEZA police, Jantro security guards, and even by Atty. Arada and their stay at the Kohzan Warehouse was with the approval of PEZA. The arrested workers were there for several months already prior to their arrest.

The Rosario Municipal Police Station in Cavite through the instigation of PEZA attempted to file a complaint of inciting to sedition against the arrested workers. However, the Assistant Provincial Prosecutor Vivian Rojo rejected it for lack of evidence. The workers were instead falsely charged in court with trespassing.

The arrest took place because the PEZA police caught them storing and sneaking food for the CWFI striking workers in violation of the food blockade imposed by PEZA. They were staying at the Kohzan Warehouse to guard the equipment and machineries of their closed company while awaiting for the decision of the court for the insolvency case filed by SP Ventures. They have to guard the remaining assets of SP Ventures because the payment for unpaid wages and separation pays of 92 workers/complainants would come from these properties. They do not completely trust PEZA to safeguard these equipment and machines because they knew of one case in the past that equipment and machineries entrusted by workers of a closed Korean sweatshop to PEZA vanished without a trace despite tight guarding at the CEPZ gate.

The September 27 Agreement has not been implemented and blatantly ignored by PEZA. Since September 28, workers on strike have totally been prevented and banned by Peza police and Jantro security from entering the CEPZ allegedly upon the order of PEZA Director General Lilia de Lima. This after the Chong Won management issued a memorandum preventing their workers on strike from entry and cancelling their company identification cards. Checkpoints from two corners of the road heading to the factory were set up by PEZA police and Jantro Guards to ensure a "no strikers's entry policy." IDs and zone passes of the strikers were being confiscated. Only few striking workers are able to maintain the picket line now. The food blockade is also still in effect.

On September 30, the management issued another termination notice to the strikers. A total of 116 strikers, aside from two union leaders dismissed prior to strike, as of this date had been illegally dismissed during the strike.

On October 4 at 7pm, Municipal Trial Court (MTC) in Rosario, Cavite, Judge Rita Quizon ordered the release of eight workers without bail. But the Judge required them they to appear for their first hearing schedule on January 15, 2007.

On October 5, 2006, a fact-finding was conducted to look into the case of illegal arrest and detention of the eight supporters/workers of the strike; food blockade; blacklisting of the strikers and confiscation of their IDs and zone passes, and violent dispersal of the workers' picketline in Chong Won and Phils Jeon on September 25 and 27.

Those allowed entry inside the CEPZ were a staff of Senator Jamby Madrigal and those from Center for Trade Union Human Rights (CTUHR) and National Coalition from the Protection of Workers Rights (NCPWR) riding a van. As a result of this FFM, PEZA returned all the confiscated items on October 6, from the eight workers who were arrested (one sack of rice and mobile phones) but they did not return the cameras they have confiscated.

On October 5 also at around 7pm, two container vans of raw materials/fabrics were taken out of CWFI premises and taken to subcontractors in Ji Sung Co. Ltd. at First Cavite Industrial Estate (FCIE) in Dasmarinas, Cavite and Jeshurun Fashion Int'l. Corp. in CEPZ, Rosario, Cavite. Another raw materials/fabrics were taken to JJ Fashion Corp. on Oct. 11, 2006.

Two conciliation hearings were scheduled by the Department of Labor and Employment's Conciliation and Mediation Board on Oct. 9 and October 11 but no substantial results were achieved. The CWFI management remained adamant to heed the demands of the union.

On October 12, representatives of Commission on Human Rights (CHR) arrived at the picket line of Chong Won and had them received a letter from CHR Chairperson Quisumbing.

On October 15, the management created a pseudo "Caretaker Committee" in the name of the union. It is composed of: Antonio Felismino - production manager, production supervisors and line leaders Fernando Torres, Vangie Gozo, June Cuaco, Dante Tahimik, Dindo Bogayan, and sewing operators Malou Halog, Bernardo Hernandez, and Delia Trinidad. CWFI president and owner, Mr. Yong Ryul Kim and his legal counsel Atty. Omar Francisco presided the creation of the said committee. Jessica Lee, a representative from Korean-based ONA, the company that act as agent of the New York-based WalMart supplier One Step Up, also attended the meeting.

October 16, the pseudo Caretaker Committee, Mr. Kim, and Atty. Francisco held another meeting at WalMart office in Makati City.

According to the union, the people in pseudo committee was promised by Mr. Kim that the company will negotiate a collective bargaining agreement with them because the officers and members of the union have already been terminated. However, they have to remain loyal to the company and they must support the management in all its efforts against the strikers.

Since October 17, the workers started receiving subpoenas through registered mail informing them that they are being sued for slight physical injuries by the Peza policemen and Jantro Security guards in connection with the September 25 and 27 incidents. A hearing was set on October 25, 2006 for preliminary conference at the Rosario Municipal Trial Court. A total of seventeen workers were charged. Six of whom, namely Sellwyn Simpan, Rolando Timuat, Resurreccion Ravelo, Fermin Geronimo, Joel Ysulan and Benigno Pirante are all from Chong Won.

On October 19, 2006, the managements dismantled the picket lines of the workers on strike. Based on the workers sworn statements, around 800 workers mainly composed of scabs and recontract workers went out of the company at around 8:30 a.m. These workers were all armed with scissors issued by the management and headed by production manager Antonio Felismino. They were ordered by Felismino to line up in front of the 13 strikers manning the picket line's makeshift tents. Without any provocation, 15 persons in civilian clothes seen in the company of PEZA police and Lito Felismino, the brother of Antonio, assaulted the strikers, dragged them out of the makeshift tents and totally demolish it to the ground. All demolished materials were then confiscated by persons in civilian clothes and brought inside the waiting container van of CWFI. The persons in civilian clothes were later identified by the workers as outsiders and goons hired by the Korean management.

The assault made to the 13 striking workers and demolition of their makeshift tents was ordered by PEZA's Atty. Mary Jane Arada. Atty. Arada's name was directly mentioned by Antonio Felismino when confronted by the strikers who ordered the demolition. Furthermore, Atty. Arada was seen by the strikers inside a parked red vehicle in a nearby company watching the whole incident.

The assault was an overkill! PEZA and CWFI management used 800 workers for a show of force, 15 hired goons, 12 Peza police, 30 Jantro guards, and eight (8) municipal Police against 13 strikers who were mostly women.

After the dismantling of the picket line's makeshift tents, the striker no longer have any cover to protect them from the heat of the sun, rain, and dew during nighttime and dawn time. They also do not have temporary comfort rooms now and so this became very difficult and uncomfortable for the strikers. Every time they try to put something to shelter them from the heat of the sun or cold of the night or rain, the company guards and PEZA's security forces would immediately dismantle it.
On October 23, a formal complaint was filed against PEZA Director General De Lima, PEZA Industrial Relations Division Chief Atty. Mary Jane Arada, PEZA Police Chief Jose Joel Sarasua, and Philippine National Police (PNP) Chief Inspector Audie Lirio Madrideo, head of the Rosario Municipal Police Station, before the regional office of the Commission on Human Rights (CHR-NCR) by union leaders and members for rights violations.

CWFI union president Resurreccion Ravelo of Nagkakaisang Manggagawa sa Chong Won Fashion (NMCW) and union secretary Merly Grafe of another workers on strike--the Kaisahan ng mga Manggagawa sa Phils. Jeon (KMPJ) had their complaints received by CHR-National Capital Region investigator Carlo Altiche.

The union leaders demanded to have the illegal and arbitrary acts allegedly committed by Director General De Lima and the other respondents investigated by the Commission. Grafe and Ravelo is charging the respondents of conspiring with each other in using their authority to blatantly violate the fundamental rights of the workers in connivance with the managements of the struck companies.

On October 27, criminal charges of grave coercion, slight physical injuries and less serious physical injuries were filed before the Office of the Provincial Prosecutor in Imus, Cavite against the PEZA officials and their security force who were all involved in the violent dispersals at the picket line.

On November 3, a meeting attended by the following: Edwina Reunilla & a certain James, from WalMart, Philippines; Helga Leicht - from One Step Up in New York, US; Jessica Lee & Marianne Cheon from ONA, Seoul, Korea; Fr. Jose P. Dizon & Salve Valenciano from Workers Assistance Center, Inc.; Resurreccion Ravelo & Florencia Arevalo from the union (NMCW-Ind.); Mr. Yong Ryul Kim and Atty. Omar Francisco from CWFI management was held at WalMart's office in Makati City. The meeting was arranged and set by Canadian-based Maquila Solidarity Network, US-based International Labor Rights Fund, and WalMart's head office in the USA.
WAC notes from the meeting are as follows:

During the meeting, Ms. Leicht from One Step Up and Ms. Jessica Lee & Marianne Cheon of ONA said they came in the country and attended the meeting because they want to help in resolving the problem as this problem is affecting their business. And all they wanted is to go on with their business.

Mr. Kim of Chong Won Fashion, Inc. came with the company lawyer, Atty. Omar Francisco and for most of the time Atty. Francisco kept on discussing about the "legalities" of the case. He said they are not saying they do not want to negotiate for a CBA with the union but they still have a pending case at the Court of Appeals and they're still awaiting for its resolution. The termination of the 116 strikers had been filed already at the Department of Labor and Employment (DOLE) and regarding the dismissal of the two union officers and members Monina Eugenio and Sellwyn Simpan, he said they have proof of evidences to terminate the two. He goes on saying it will be impossible for the strikers to return to work because they have these 1,000 workers inside the company who "fear" that the union will retaliate and do something bad to them once they were able to return to work. Also, Atty. Francisco said that the "caretaker committee" sent a letter to PEZA asking them to assist them in their negotiation with the management for an increase in wages and benefits. Later on, when asked by Ms. Reunilla to reconsider its position on the return to work of the 116 strikers, Atty. Francisco said that they are agreeing to return the workers to work but for "selected workers only" or in management's terms "only those who least participated in the strike".

Rev. Fr. Dizon of WAC countered that the legalities of the case should not be discussed in the meeting because only a temporary restraining order (TRO) can prevent the union in negotiating for collective bargaining and until now the management do not have this TRO. He said they should not talk about the case in this venue, as the goal of the meeting is to settle the issues/agenda mentioned by Walmart. He also read a copy of the entry of judgment from the DOLE regarding the case and he read that it is already final and executory and the rights of the workers to collective bargaining must be upheld and reiterated that the purpose of the meeting is to talk/discuss on how to resolve the problems or the issues of strike.

Edwina Reunilla of Walmart, Philippines said that we have to set aside any legal issue and the two parties - management and union must each give way to settle the issue so that everybody will go on with their businesses and she said that "and that's what we all wanted, I'm sure".

Father Jose Dizon asked Atty. Francisco to stop his legal blabber and requested to hear what Mr. Kim have to say since he is the principal in this case/issue being the Chong Won Fashion Inc.'s top management. He only said in Filipino that "its not really possible" ("hindi talaga pwede") And in English he said "No CBA, no money." And he does not want to withdraw the termination notice given to the strikers because he fear they will "sabotage" the production again.

Fr. Dizon asked the management what is their main reason for their refusal to negotiate for a CBA with the union. Mr. Kim, for his part replied that he got a lot of financial problems and debts. Fr. Dizon have to tell Mr. Kim that having no money or incurring business losses is not a ground to refuse the collective bargaining negotiation with the union and asked him, if you are indeed losing money, show us your financial statements so that the union can study these documents.Mr. Kim agreed to submit the financial statements covering the last three years to the union for study.

Walmart was also asked by the union why they were pulling out (subcontracting) the orders to other companies, and Ms. Reunilla said that the decision to take out the two container vans of fabrics and raw materials was the decision of One Step Up and not of Walmart's.

The union's position presented to the meeting were: the company has to submit a financial statements and CBA counter proposal, withdraw the termination of the 116 striking employees, and reinstate the two dismissed union leaders. Within two weeks, union will study the financial statement. After two weeks, set a schedule for CBA negotiation on non-economic demands.

Everybody agreed in the meeting, except for Mr. Kim and Atty. Francisco, that the labor dispute should be settled amicably by heeding the union's demands without going through the endless "legalities" of the case.

The meeting ended before 1pm and it was agreed to set another meeting on Nov. 7, 2006 at 9am. The union provided a copy of their CBA proposal to Walmart, One Step UP, and ONA. Walmart promised to send the minutes of the meeting to WAC by fax on the same day. However, until now no minutes has ever been faxed to WAC.

In the afternoon of the same day, at around 4:20PM Helga Leicht and Jessica Lee went to Chong Won factory at CEPZ, in Rosario, Cavite and talked with the strikers there. Ms. Leicht asked the workers if they would agree if they would be returned to work. The strikers replied they are willing and will agree to return to work provided that there would be a CB negotiation.

On November 7, the CWFI submitted its unaudited 2006 financial status report contrary to what was agreed upon during the November 3 meeting that it would submit audited financial statements covering the last three years. WalMart suggested to the CWFI that it would consider providing contract for five to ten years on condition that it would agree on commencing negotiation for the CBA with the union, still the CWFI management refused to do so. No succeeding schedule of meeting was set but all parties agreed to have the schedule on call basis.

As of this date, ten to twelve strikers persist to maintain their picket line and hold on at all cost to defend their strike in front of the company despite continued harassments, threat, and coercion from the company guards, PEZA police force, Jantro security guards, unidentified goons who are all taking vicious orders from the office of the PEZA Director General Lilia de Lima through Atty. Jane Arada. They continue to defy all pressures and challenges, rain or shine, because they all believed that their rights are non-negotiable.

Majority of the strikers who were banned to enter the CEPZ also remained steadfast and they are the ones soliciting money for strike fund, washing the dirty clothes of their co-strikers who are maintaining the picket line and preparing food and drinking water for them. Although they are having hard time in sneaking in the food and drinking water to the picket line, unity remains high among the strikers.

Prepared by:
Research, Documentation, Information and Publication Program
Workers' Assistance Center, Inc. (WAC) Rosario, Cavite


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