[WAC Archives] Factsheet KMPJI No. 03 2003

Kaisahan ng mga Manggagawa sa Phils-Jeon, Independent

(Union of the Workers in Phils-Jeon)

KMPJI Factsheet

Updated as of November 10, 2006

On September 25, the union officially declared a strike at 6am due to their company's continued refusal to begin negotiation for their Collective Bargaining Agreement (CBA). The DOLE on November 19, 2005 had already issued a final and executory decision proclaiming the workers’ union, KMPJI-Ind., as legitimate bargaining representative. No negotiations, however, commenced since as a result of the management's filing of repeated appeals in courts.

After the workers formally declared a strike, the management threatened to declare union members joining the strike for AWOL (absence without leave).

On September 27, at around 8:30p.m. about 50 combined elements of the PEZA police and Jantro security guards forcibly broke into the worker’s picket line and violently dispersed them. About 84 workers--most of them are women--were busy preparing dinner when they were violently attacked. It was PEZA police chief Jose Sarasua and Chief Inspector Audie Madrideo of the Rosario Municipal Police Station who heads the team. Twenty-five striking workers suffered head and body injuries. Three of the injured victims, namely Agustina Haya, Jimmy Eder, and union vice president Ricardo Cajanap, suffered several stitches on their heads and forehead, respectively. Annalyn Diaz, a pregnant striker, had a miscarriage too after a certain Sampayan of PEZA police chased her. Eder, an organiser for labor alliance Solidarity of Cavite Workers (SCW), had his upper lips ruptured. Eder is an adviser of the union. He was there to serve as one of the union panel that would help negotiate peacefully in case PEZA security forces threaten to break the picket line.

According to the PJGI striking workers, Chief Inspector Madrideo and PEZA police chief Sarasua were reeking from alcohol and when confronted by one of the union leaders, Merly Grafe, Madrideo even exhaled in her face and she smelled the strong alcohol smell. The workers have strong reasons to believed that these policemen are under the influence of prohibited drugs because of their unusual movement.

“They have no mercy. They are beast! Even those strikers that already fell down are still being beaten profusely with clubs and shields. PEZA police and guards prevented the passing vehicles to carry our injured to the hospital. We had to force our way out of the picket line as the PEZA police and guards blocked our way. Had we not been able to force our way out, our injured colleagues would have not been able to seek immediate medical attention at the hospital.” This was the description of the PJGI strikers on that violent night of September 27. The other victims too suffered bruises and injuries all over their bodies. One had one of her fingers broken. Most of the victims are female.

Instead of helping the injured victims, the police and guards refused to ferry them to the hospital. The victims had to force their way out of the picket line as the PEZA police and guards blocked their way. Had the workers not been able to force their way out, they would have not been able to seek medical attention at Savior Hospital in Rosario, Cavite.

The PJGI striking workers completely denied that they were armed of any bladed or pointed weapons at that time. The injuries that Jantro security guards alleged were maybe the same injuries they sustained from their cohorts during the September 25 assault at the CWFI strikers.

It is reported that PEZA police Chief Jose Sarasua gave orders to violently disperse the striking workers following request by the management for them to do so. The assault took place despite a status quo. Both the management and workers on strike have already agreed to hold a dialogue on September 28, to resolve the labor conflict peacefully at the office of Cavite Export Processing Zone (CEPZ). However, the strikers were attacked a day before the dialogue is held. The dialogue did not pushed through as it was overtaken by the violent dispersal.

The union members condemned such actions by the PEZA police and Jantro security guards, in particular PEZA director general lawyer Lilia de Lima for allegedly giving indirect orders to violently disperse the strikers and for tolerating violent actions of their men in the field. She also failed prevent and refrain her men from attacking the strikers.

Contrary to reports by PEZA, no WAC organizers at the PJGI on September 27. Jimmy Eder is a SCW organizer and an adviser of the union. He was there to serve as one of the union panel that would help negotiate peacefully in case PEZA security forces threaten to break the picket line. Eder strongly denied he stabbed one of the guards. This was the obvious reason why no arrest was made. PEZA police could have arrested Eder if indeed he stabbed one of the guards because he had fallen almost unconsciously when clubbed in the head.

On September 28, eight workers supportive of the workers on strike were illegally arrested and charged for trespassing while inside a warehouse inside the economic zone. Seven of them are former employers of the SP Ventures Corporation. They were Gemma Lape, Lorna Reli, Ivy Villasan, Analou Estrimos, Glaysa Layesi, Josephine Bahar, Pablito Sapata and Rodelito Amo. Armed without any arrest or search warrants, the PEZA police and Jantro security guards arrested them and subsequently briefly detained.

They admitted they had in their possessions several screw drivers, but the only bladed instruments were one scissor, and one paper cutter. The screwdrivers according to the workers were used in removing electric lighting fixture in their closed company. The gate Passes, Identification Cards, signed identification pictures of various individuals, and so forth are garbage left in their closed companies. They should have thrown it to the garbage can but were instructed by Cavite-PEZA industrial relations officer Arnold Cruz to keep it in their custody and he will get it later.

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 EPZ gate.

The Rosario Municipal Police Station (RMPS) in Rosario, Cavite through the instigation of PEZA filed a complaint of inciting to sedition against the arrested workers. However, the Assistant Provincial Prosecutor Carlos Catubao was not convinced on the evidence presented in the complaint, thus it was not admitted. A charge of trespassing is laid against them in court.

The PEZA police and Jantro guards arrested them over allegations they are facilitating storage of supply of food to workers on strike nearby. They were detained for six days. Contrary to PEZA’s claim the eight workers are not intruders. They are known to the PEZA police, Jantro 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.

In another development, the so-called “Caretaker Committee” set up in CWFI and PGJI have no legal standing in the on-going labor disputes. Both committees cannot represent the members of the striking union because their compositions are made up of management personnel and non-union members. Contractual workers and non-union members have no right to impeach any of the union officers because they are not union members.

The “Caretaker Committees” and the CWFI and PGJI managements are the same. It was named “Caretaker Committee” to confuse the non-strikers and make them believe that they have already taken over the position of the elected union officers because the latter had already been terminated. Contractual workers and scabs are being deceived of a regular status inside the company in exchange of their support to the management-created and PEZA-instigated “Caretaker Committee.”

The PEZA’s order of food and water blockade continues, and this is now being applied not only to the striking workers of CWFI but also in PGJI. Checkpoints to prevent the workers from entering their strike area also continue. To reiterate here again, all the agreed terms in the September 27 dialogue are continuously being violated by PEZA and CWFI management, applying the same force now to the striking workers of PGJI.

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 team has been 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' picket line in Chong Won and Phils Jeon on September 27, 2006.

They only allowed the entry of a staff of Senator Jamby Madrigal and those from Center for Trade Union Union Human Rights (CTUHR) and National Coalition fro 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 return the cameras they have confiscated.

Since October 17, the workers has started receiving subpoenas informing them that they are being sued for slight physical injuries by PEZA policemen and Jantro security guards in connection with the September 25 and 27 incidents. The hearing was set on October 25, 2006 for preliminary conference at the Rosario Municipal Trial Court. A total of seventeen workers were charged, ten of whom were Phils. Jeon union members namely Merly Grafe, Normelita Galon, Alona Octavo, Gemma Garabato, Ricardo Cahanap, Cynthia Red, Cecille Sabela, Rosebie Remorin, Colleen Muyot, Bessie Hernandez and Jimmy Eder, an organizer for Solidarity of Cavite Workers.

October 19, simultaneous to the Chong Won incident, and using the same scheme, was the assault and demolition also of the strikers’ makeshift tents at PJGI. PEZA and PJGI management used 180 workers as a show of force and escorted by 25 PEZA police, Jantro guards, and municipal police. Not like in CWFI, the twenty-man assaulting and demolition team was headed by no less than Mr. Dong Gon Kim, the Korean plant manager of PGJI 20 strikers were stationed at the time in the strike area. After they have dismantled the picket line (makeshift tents) the striker no longer have any "roof" or tent to protect them from the heat of the sun, rain, or the dew during nighttime and dawn time. They also do not have temporary comfort rooms. This condition was very difficult and uncomfortable for the workers on strike.

Unfortunately for DG de Lima again, her hatchet woman, Atty. Jane Arada, was named by PGJI company guards’ officer-in-charge Iniego Pingal as the one who ordered the assault and demolition of the strikers at PGJI.

It is reported that it was the management of Phils Jeons and Jantro security guards dismantles their picket line. They have likewise placed two checkpoints in between Phils Jeon, similar to what they did to Chong Won strikers. Only those who are inside can maintain the picket line but they also face the same difficulties like Chong won workers, no roof, no comfort room, and no food and water.

On October 27, charges of unintentional abortion, 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, the Rosario Municipal Police Station in connection with the September 27 violent dispersal.


Prepared by:

Research, Documentation, Information, and Publication Program
Workers’ Assistance Center Inc. (WAC)

To read the previous factsheet, please click the link below:

http://wac-archives.blogspot.com/2008/03/wac-archives-factsheet-kmpji-no-02-2003.html

[WAC Archives] Factsheet KMPJI No. 02 2003

Kaisahan ng mga Manggagawa sa Phils-Jeon, Independent

(Union of the Workers in Phils-Jeon)

KMPJI Factsheet

Updated as of October 22, 2006

On September 25, the union declared a strike at 6am following their company’s continued refusal to negotiate with them for their CBA. The DOLE on November 19, 2005 issued a decision as final and executory proclaiming KMPJI-Ind. as the legitimate bargaining representative. The negotiation, however, have not commence since due to the management's refusal by filing repeated appeals in courts.

After the strike, the management immediately threatened to declare union members who joined the strike for AWOL (absence without leave). On September 27 at 8:30am, the workers were assaulted leaving 13 injured--one of whom collapsed and taken to a hospital. The strikers were violently dispersed and brutally beaten without mercy with clubs and shields.

Around 50 elements of Peza police and Jantro security guards attacked the strikers at around 8:30pm in front of the factory. Two of the 13 injured victims, namely Agustina Haya and Jimmy Eder, had their heads bleed and suffered injuries due to beatings. Eder, an organiser for labor alliance Solidarity of Cavite Workers (SCW), had his upper lips ruptured.

The other victims too suffered bruises and injuries all over their bodies. One had one of her fingers broken. Most of the victims are female. According to the victims, some of the Peza police and Jantro guards were drunk when they were assaulted.

"Wala silang awa, kahit tumba at hindi lumalaban ang mga welgista pinagpapalo pa rin nila kami (They have no mercy, even those striker that already fell down are still being beaten" one of the victims said.

Instead of helping the injured victims, the police and guards refused to ferry them to the hospital. The victims had to force their way out of the picket line as the Peza police and guards blocked their way. Had the workers not been able to force their way out, they would have not been able to seek medical attention at Savior Hospital in Rosario, Cavite.

It is reported that Peza police Chief Jose Sarasua gave orders to violently disperse the striking workers following request by the management for them to do so.

The assault took place despite a status quo. Both the management and workers on strike have already agreed to hold a dialogue on September 28, to resolve the labor conflict peacefully at the office of Cavite Export Processing Zone (CEPZ). However, the strikers were attacked a day before the dialogue is held. The dialogue did not pushed through as it was overtaken by the violent dispersal.

The union members condemned such actions by the Peza police and Jantro security guards, in particular Peza director general lawyer Lilia de Lima for allegedly giving indirect orders to violently disperse the strikers and for tolerating violent actions of their men in the field. She also failed to prevent and refrain her men from attacking the strikers.

On September 28, eight workers supportive of the workers on strike were illegally arrested and charged for trespassing. Seven of whom are former employers of the SP Ventures Corporation. Armed without any arrest or search warrants, elements of the Peza police and Jantro security guards started arresting workers who were staying at the Kohzan warehouse inside the CEPZ.

They arrested and subsequently turned over workers Gemma Lape, Lorna Reli, Ivy Villasan, Analou Estrimos, Glaysa Layesi, Josephine Bahar, Pablito Sapata and Rodelito Amo to the Rosario Municipal Police Station (RMPS) where they are presently detained. The Peza police and Jantro guards arrested them over allegations they are facilitating storage of food supply for workers on strike nearby. They were detained for six days.

On October 4 at 7pm, Judge Rita Quizon of the Municipal Trial Court (MTC) in Rosario, Cavite 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 team has been 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 27, 2006.

They only allowed the entry of a staff of Senator Jamby Madrigal and those from Center for Trade Union & Human Rights (CTUHR) and National Coalition for 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.

Since October 17, the workers had been receiving subpoenas informing them that they are being sued for slight physical injuries by Peza policemen and Jantro Security guards in connection with the September 25 and 27 incidents.

The hearing was set on October 25, 2006 for preliminary conference at the Rosario Municipal Trial Court. A total of seventeen workers were charged, ten of whom were Phils. Jeon union members namely Merly Grafe, Normelita Galon, Alona Octavo, Gemma Garabato, Ricardo Cahanap, Cynthia Red, Cecille Sabela, Rosebie Remorin, Colleen Muyot, Bessie Hernandez and Jimmy Eder , an organizer of the Solidarity of Cavite Workers (SCW).

October 19, 2006, the managements dismantled the picket lines of the workers on strike. After they have dismantled the picket line (makeshift tents) the striker no longer have any "roof" or tent to protect them from the heat of the sun, rain, or the dew during nighttime and dawn time. They also do not have temporary comfort rooms. This condition was very difficult and uncomfortable for the workers on strike.

It is reported that it was the management of Phils Jeon and Jantro security guards who dismantled their picket line. They have likewise placed two checkpoints in between Phils Jeon, similar to what they did to Chong Won strikers. Only those who are inside can maintain the picket line but they also face the same difficulties like Chong Won workers, no roof, no comfort room, no food, and no water.

Prepared by

Research, Documentation, Information and Publication Program

Workers Assistance Center, Inc.

To read the previous factsheet, please click the link below:

http://wac-archives.blogspot.com/2008/03/wac-archives-factsheet-kmpji-no-01-2003.html

[WAC Archives] Factsheet KMPJI No. 01 2003

Kaisahan ng mga Manggagawa sa Phils-Jeon, Independent

(Union of the Workers in Phils-Jeon)

KMPJI Factsheet

Updated as of 15 September 2006

Name of factory: Phils. Jeon Garments, Inc., a Korean factory owned by the Tae-chang Co. Ltd. based in South Korea. It started their operation in 1990. The company's president is Yang Son Choi.

Product information: The produced T-shirts, underwear, and lingerie products for Al-alseel, O/X, DreamStation and CNI. The products are being exported to countries like South Korea, Japan, Middle East and in the US.

Name of labor union: Kaisahan ng mga Manggagawa sa Phils, Jeon, Inc. (KMPJI-Ind.). They have a total of 185 union members out of 400 regular rank-and-file employees.

Type of labor violations: Refusal to bargain, union busting, illegal dismissal of the union's president-- Emmanuel Bautista, discrimination of work schedule.

Background of the case:

In 2003, regular and rank-and-file employees successfully formed their union, the Kaisahan ng mga Manggagawa sa Phils, Jeon, Inc. (KMPJI-Ind.). They have the union registered and soon after filed the Petition for Certificate of Election (PCE).

Attempts were made to either prevent or delay the holding of the Certificate of Election (CE). The management's threatened its workers it would close down should the union win the election. The management also filed a motion to postpone the posting of notice for the election to the date by earlier agreed upon between them and the union. Such action disqualifies the union of holding the election for failure to comply the 10-day required posting of notices prior to the election.

On August 16, 2004, the election was held inside the factory. The union had to wait for another one year to observe the one-year ban after it did not succeed in holding the election in 2003. During the 2004 election, 277 voted "Yes" in favor of creating of the union as against 71 for No vote.

After the union won the election, the management has again filed protest questioning the result of the election before the Department of Labor and Employment (DOLE IV). In their protest, the claimed that there were 22 workers who have not been able to vote and that there were no formal notice posted prior to the election. The Dole, however, denied the company's election protest in favor of the union on its decision in November 2004.

Again, the company filed another appeal to the Secretary of the DOLE. The DOLE, once again, rejected the company's appeal in their separate decisions dated March 1, 2005 and July 22, 2005. The DOLE has declared the union as sole and exclusive bargaining representative (SEBR) to negotiate with the management on behalf of the workers. In November 19, 2005, the labor department issued an Entry of Judgement proclaiming its decision recognizing the union as final and executory.

The company, however, appealed for the DOLE's decision, when it filed another petition for certiorari before the Court of Appeals (CA) on December 29, 2005. In their appeal they questioned the union's legitimacy. The CA dismissed it less than four months later due to technical irregularities.

Since March 21, 2005, the union had already sent a Letter of Intent (LOI) to the management to begin negotiation for Collective Bargaining Agreement (CBA). The management continued on refusing to consider the union's request claiming their appeal on the matter is still. Such as action by the management is contrary to law. According to existing rules, the decision by the DOLE as final and executory cannot be overturned in absence of a Temporary Restraining Order (TRO).

On August 12, 2005, after the union's president--Emmanuel Bautista--was imposed with a one month suspension he was illegally dismissed in absence of sufficient grounds. In dismissing Bautista, the management claimed he was dismissed for serious misconduct but the union members believed it was made to punish Bautista. Prior to Bautista's termination, he has sought for a dialogue due with the management following complaints by his co-workers of strangely strict rules and regulations the company was implementing. During that incident, one of the Korean employers challenged Bautista for a fistfight instead to resolve their conflict but Baustista merely reasoned out. It is believed that Baustista's termination obviously has something to do with his leadership in the union.

The union had already sent a total of nine Letters of Intent (LOI) but the management has continued on refusing to neither begin the negotiations for the CBA nor meet the union leaders for a dialogue. As a sign of protest to pressure the management, the union has since been holding a noise barrage daily since July this year. They wore ribbon and placards to protest the management's continued either refusal to begin negotiation for CBA and ignoring the union's letters.

On August 29-31, at least 63 workers--all of them are union members--were forced to go on vacation without prior notice. Although the management's claimed the forced vacation was due to absence of job contracts, but it is reported that contractual employees have continued on reporting for work.

At the moment, the union had already filed a Notice of Strike for the management before the National Conciliation and Mediation Board (NCMB) for their continued refusal to bargain, illegal dismissal of union president--Emmanuel Bautista, union busting at discrimination of work schedule. A separate complaint was also filed before the National Labor Relations Commission (NLRC) and Regional Arbitration Board (RAB-IV) for the forcible leave of absence.

On September 1, 2006, the union members held an election for strike. 179 of union members voted to go on strike of the 204 total number of votes. After the management learned of the impending strike, it imposed successive memorandums and sent warning to active union leaders and members. The management likewise imposed a No Work every Mondays claiming that there was an absence of job contracts.

Prepared by:
Research, Documentation, Information and Publication Program

Workers' Assistance Center Inc. (WAC)

[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

To see the previous factsheet, please click the link below:

http://wac-archives.blogspot.com/2008/03/wac-archives-factsheet-nmcw-no-02-2000.html

[WAC Archives] Factsheet NMCW No. 02 2000

Nagkakaisang Manggagawa ng Chong Won- Independent

(United Workers of Chong Won)

NMCW Factsheet

Updated as of September 22, 2006

On September 19, a dialogue was held regarding the union officer's demand to begin negotiation for their CBA and reinstatement of two of their officers who are illegally terminated from their work. The management's legal counsel Omar Francisco and officers from the Philippine Economic Zone Authority (PEZA), regional office of the National Conciliation and Mediation Board (NCMB IV-A) were present during the dialogue.

The union's demand, however, were not resolved during the dialogue. Once again, the management's legal counsel insisted it could not begin negotiation for the CBA until the pending appeals on the matter is resolved by the Court of Appeals. The management likewise refused to reinstate union officers Monina Eugenio and Sellwyn Simpan.

Instead of addressing the workers' grievances--in particular to begin negotiation for CBA, the PEZA officers wanted the union officers to removed their makeshift tents built in front of the factory. It insisted that makeshift tents are unpleasant and discouraging for investors, and discourages job applicants. The union officers, however, defied PEZA's orders to remove their makeshift tents until their demands are met and that it is their right. The union had already filed notice of strike (NOS) therefore setting-up of picket line was legal.

On September 20, another dialogue with the union officers and the management was held inside the management's office. A representative from Wal-Mart in the Philippines, Edwina Reunilla, and their auditor James Cabrera, attended the said dialogue. Once again, the unions' demands were not adequately addressed. Instead of effectively intervening into the conflict by way of encouraging the management to begin negotiation with the union, Reunilla washes off responsibility of her company with the ongoing conflict. She insisted that since Wal-Mart is not directly negotiating with Chong Won Fashion, Inc. for their product orders but another trading company One-Step-Up, they have no jurisdiction nor responsibility to intervene in the conflict. Wal-Mart is the biggest buyer of the factory. They buy products from the factory through a trading company contracting the factory.

Instead, Reunilla threatens Wal-Mart could pull out their orders from the factory if the conflict is not resolve and for not complying their company's requirement regarding the "standards for suppliers". Such pronouncement by Reunilla has since been use by the management against the union to discourage them from pursuing their demands. On September 19, the management distributed a letter for workers to sign address to Cecilia Velena, the economic zone administrator. The said letter condemns the unions for going on protest.

It is reported that some of the workers were forced to sign the document while others were threatened that they be terminated from work should they refused to sign. The said complaint letter was seeking Velena's intervention into the labor conflict.

Although Reunilla had given instructions during her visit at the factory to the company's president, Yong Ryul Kim, that the management should review the demands of the union under the CBA for them to consider what is acceptable to them, and that those demands they opposed would likewise be raised for further negotiations. It was found out later, however, these instructions by Reunilla's were not given consideration by the management. Kim too was angered when one of the dismissed workers, Monina Eugenio, was able to enter inside the factory's premises. He immediately ordered replacement of four of their security guards on duty over suspicions of colluding with the union members.

Not only Reunilla tried to exonerate Wal-Mart's responsibility into the conflict, she was also reported to have given a misleading and unsolicited comments that the picket line the union members built in front of the factory was illegal. Her comments have not help resolve the conflict but rather discouraging the workers to push through with fighting for their rights. Given the comments she had said, workers have noticed her bias for the management, which is very unlikely for capital contractors.

When Reunilla contacted over the telephone a representative from the Workers' Assistance Center (WAC) after she made visits to the company, she had been confrontational instead of calmly and reasonably resolving the conflict. She was defensive of her actions and been trying to exonerate Wal-Mart's responsibility instead of dealing the conflict squarely. She likewise showed her unprofessional attitude by raising her voice at the WAC representative. The WAC has since been asking her for a personal dialogue but has since refused to do so.

When Kim summoned the union officers for a dialogue inside their office on September 21, once again he refused to discuss matters regarding CBA and instead urged the union to cooperate with them to help them pay the company's debts. Kim claimed the company is heavily indebted amounting to USD 700,000 but did not give any proof of document. He too said that the union's decision to go on strike does not help the company and the workers in general. He instead told the union officers he could just leave out of the country for South Korea once the company bankrupts and the workers may not be paid of their separation pays and benefits. Nothing was resolved during the dialogue.

Kim told the union officers to settle the conflict amicably with him for the good of the company and promised them more work for their employees in the future. He, however, did not discuss regarding the worker's demands for CBA negotiation and reinstatement of the two union officers.
There had been serious apprehensions given the management's verbal pronouncement that they are heavily indebted it would abscond once it closed down. The serious concerns now, are not only the management's refusal to begin negotiation with the union members but also possibilities it would abscond financial responsibilities from the workers once it closed down. Absconding financial obligations by bankrupt factories has since been the practice of the Korean factories. Wal-Mart could be held responsible, as a principal contractor, should the company abscond should it closed down due to bankruptcy and their failure to effectively intervene into the conflict.

On September 22, Reunilla spoke to Flory Arevalo, the union's secretary over telephone to follow up the result of the unions' dialogue with the management. Despite the unions repeated requests for Wal-Mart representative for a dialogue with her and meet her in person, she has showed reluctance insisting that she needs approval from their head office in the US before she could meet with the union members. She even said that meeting with union members is "no longer [Wal-Mart's] business" but they still are willing to intervene within their capacity.

Reunilla once again washes off responsibility by Wal-Mart on the labor conflict considering that they are not the ones who is directly dealing with the factory. She even blamed the unions for dragging Wal-Mart into the labor conflict even though the labor conflict is no longer their business at all. She, however, promised she would try to speak with the company's president again to reiterate the unions' demands to begin the negotiation for CBA. All this, however, has yet to be materialized.

Reunilla likewise retracted her earlier pronouncement that Wal-Mart may pullout their orders from the factory should it fail to settle the labor conflict. It can be recalled that Reunilla's pronouncement about possibilities of Wal-Mart pulling out orders was exploited by the management and had been used to attack the union. The management has threatened the workers they would loss job once Wal-Mart pulled out orders. The union's position is for Wal-Mart to effectively intervene to resolve the conflict by pressuring the company aside from looking into whether or not factory's passed requirement as standard for suppliers.

Prepared by:
Research, Documentation, Information anf Publication

Workers' Assistance Center Inc. (WAC)

To read the previous fact sheet, visit;

Chong Won Fashion Inc. (CWFI)

http://wac-archives.blogspot.com/2008/03/wac-archives-factsheet-nmcw-no-01-2000.html

[WAC-Archives] Factsheet NMCW No. 01 2000

Nagkakakaisang Manggagawa ng Chong Won- Independent

(United Workers of Chong Won)

NMCW Factsheet

Updated as of September 15, 2006

Name of factory: Chong Won Fashion, Inc. is a subsidiary of Chong Won Trading Co. Ltd. with address at 2F, Booil Bldg., 27-20 Samsung-Dong, Gangnam-Gu, Seoul, South Korea. CWFI is a 100 percent Korean-owned company established in May 1990 in Cavite Export Processing Zone (CEPZ).

Product information: They produce T-shirts, ladies blouses, polo shirts, pants/jog pants, sleepwear, and other wearing apparel. Their buyer includes GAP, Wal-Mart (No Boundaries, Jordache), Target (Cherokee, Mossimo), American Eagle Outfitters, Mervyn's and White Stag.

Wal-Mart, the biggest retail store in the US, buys products since April 2003 until to date. Each product style, mostly ladies apparel, had a minimum order of 100,000 pieces finish products.

GAP was also the factory's buyer for several years until August 2004. In April 2003, GAP supposedly had huge orders but was cancelled when the factory failed GAP's the production requirement standard. In June and July this year, GAP again withdrew its order for similar grounds.

Name of affected labor union: Nagkakaisang Manggagawa sa Chong Won-Independent or United Workers at Chong Won (NMCW-Ind). It has membership of 210 rank-and-file employees.

Type of labor violations: Unfair labor practice/Refusal to bargain; illegal suspension of union officers and members; and discrimination of union officers and members on overtime affecting 210 union members and more than 700 contractual workers

Background of the case:

In May 2000, the labor union Nagkakaisang Manggagawa sa Chong Won-Independent (NMCW-Ind.) was created. In August 2001, they filed Petition for Certification Election (PCE). When the election was conducted they lost after the management threatened its workers it would close down should the union wins. In 2002, when the union again re-filed the petition for CE, the company terminated half of the union members and majority of their officers following the illegal closure of the factory's sweater department. The union members held a picket line that lasted for six months to protest the illegal dismissal of their union members and for union busting.

A complaint of union busting/unfair labor practice was filed against management considering that majority of the affected workers are union officers and members. The court ruled in favor of the union when it decided that the company failed to substantiate its claim that the dismissal of the workers was because they are losing money.

In 2003, after the union elected another set of new officers they filed another petition for CE. In August 5, 2004 the long overdue election was held and the union won the election. This, despite several attempts by the management to either oppose the conduct of election or delay it by employing delaying tactics, in particular of questioning authority of the union. It also made several appeals and petition to prevent the election from pursuing despite an existing Department Order (DO) 40-03 by the Department of Labor and Employment (DOLE) prohibiting any appeals for CE. Not only the management's was not satisfied with the DOLE's order, they too made appeals--through their lawyer Omar Francisco--before the Court of Appeals on the same matter.

The union on the other hand, had to file responses and replies and motions one after another to counter the delaying tactics being employed by the management. And to make matters worse for the company management, for the second time, the union held the CE and managed to win by landslide vote. Out of 283 voters, 280 voted in favor of the union and agreed to be represented by them in negotiation for the Collective Bargaining Agreement.

On August 10, 2004, the management once again questioned the result of the election when they filed formal election protest. On November 12, 2004 Med-Arbiter Bactin issued an order denying the election protest of the management and subsequently certified the union as the sole and exclusive bargaining representative of all regular rank-and-file workers of CWFI.

On December 8, 2004 management appealed this decision to the Office of the Secretary of DOLE but was also denied on April 21, 2005. On March 14, 2005 the respondent-company filed an Urgent Motion for Issuance of Temporary Restraining Order (TRO) (SP CA No. 85328) on the execution of order by the DOLE declaring the union as the SEBR. On May 10, 2005 the Honorable Court of Appeals denied the said Urgent Motion for TRO. On May 12, 2005 management filed a Motion for Reconsideration to the April 21, 2005 decision. Again, the said Motion had been denied on June 27, 2005 decision of the said office

On July 9, 2005 an Entry of Judgment had been issued by the Office of the Secretary (OS-DOLE) declaring the finality of the order certifying the union as the sole and exclusive bargaining representative of all regular rank-and-file workers of the company.

On July 19, 2005 the company filed another Motion to Lift/Expunge Entry of Judgment at the OS-DOLE. The union, however, filed a Motion to Cite Respondents in Contempt before the OS-DOLE finding the said motion perverted. The said motion had been filed due to the continuous denial of the respondent to collectively negotiate with the union despite several Letters of Intent (LOI's) duly served to the company.

Furthermore, sometime in a later date of July 2005, the company filed another Petition for Certiorari (SP C.A. No. 91710) assailing the resolutions dated April 21, 2005 and June 27, 2005, in which the instant case is still pending for resolution of the Court of Appeals. Likewise, this is the second petition for certiorari filed by the company on the same case of Petition for certification election and certification election of the union.

On August 31, 2005 the Honorable Court of Appeals denied the first petition for certiorari. The company moved for reconsideration of the said order but it was again denied on April 4, 2006. Since April 21, 2005, when the Office of the Secretary affirmed the union as the sole and exclusive bargaining representative of all regular workers the union had already sent the management a letter of intent (LOI) to start the collective bargaining negotiation.

And since then, eight LOI's from dated April 21, 2005; June 3, 2005; July 5, 2005; August 1, 2005; August 5, 2005; April 18, 2006; May 17, 2006; and June 24, 2006 had already been filed by the union but were refused by the management.

Instead of commencing the negotiation with the union, the management is showing blatant disrespect and disregard of the union member's rights. It already reached to a point they already insulting and verbally abusing the union members. It insists that the union cannot have CBA no matter what they do because it would only file appeals one after the others.

After the union won the election, the management has since implementing stricter company rules and regulations (CRR). It also imposed 15 days suspension to active union officers and members even though they committed violations for first offenses. In some cases, some union officers and active union members have had fabricated company violations.

Also, the management continued on enticing the union's leaders to resign in exchange of payment of their separation pays and threatened them with filing of charges, warnings, suspensions or transfers to other departments if they refused to. In one incident, the union's president, Ressureccion Ravelo, who was originally assigned as sewer had her assignment demoted into trimmer. This also what happens to Monina Eugenio, the union's Public Relations Officer (PRO), who was slapped with successive suspensions before she was finally terminated from her work last August. Others active union officers namely Cynthia Pulido, Board of Director; Edna Monreal, Treasurer; and members Cipriano Catanghal, Myrna Fajardo and Amanda Loyola were likewise often transferred to other line assignment. They too were removed with overtime and usually fist to be considered for vacation without pay.

Also in August 30, the union member started holding picket in front of the company's factory after the company's declared an indefinite vacation--which means the workers would have no work due absence of job contracts. The union has had standing Notice of Strike filed before the National Conciliation and Mediation Board (NCMB-DOLE). They are on preparation of holding a strike after its members voted to go on strike. The union has since been demanding for the CBA negotiation to begin.

The union has had complaint filed against their management before the NCMB, National Labor Relations Commission (NLRC), Department of Labor and Employment-Office of the Secretary (DOLE-OS) and against the management's legal counsel, Atty. Omar Francisco, before the Integrated Bar of the Philippines (IBP).

On August 31, at around 4:30pm at least 40 Jantro security guards and policemen attached to the Philippine Economic Zone Authority (PEZA) violently breaks into and dismantles the worker's picket line and makeshift of the workers. The guards and policemen, were onboard two pick-up trucks. They were armed with clubs, short firearms and had their nameplates covered. At the time, some of the workers were injured when the fought it out. One of the organizers of Solidarity of Cavite Workers (SCW), Marlene Gonzales, was nearly hit by one of the guards while she fought it out with the guards who attempted to confiscate the megaphone and their streamers. Another worker was too yelled at after she took pictures of one of the policemen who assaulted them for not asking permission.

At the time, there were several workers inside the factory's compound. Some of them were trying to get outside the factory to support their embattled co-workers outside but the factory's gate was instead padlocked to prevent them from going out. The Jantro guards at PEZA Police later left taking with them some materials and streamers forcibly taken from the picket line.

After about 15 to 20 minutes, while the workers were trying to set-up again the picket line, around 60 Jantro guards at PEZA police returned onboard pick-up trucks and police mobile. All of them had their nameplates covered, armed with clubs and .45 caliber pistol. This time PEZA Police Chief Sarasua approached the workers in an effort to negotiate with them. Sarasua insisted the picket line the workers had set-up was illegal. Sarasua was quoted as saying: "Ang pagpunta namin dito (piketlayn) ay utos ng nakakataas at kung hindi namin gagawin ay kami ang malilintika .(We have orders from our higher officials to dismantle the picket line. If we won't do it, we'll be in trouble)". The tension flared up when Sarasua ordered his men to break the picket line and seized the worker's belongings.

The workers at the time joined hand to prevent the guards and police from attacking them and breaking into their picket line again. The guards and police once again forced their selves in by pushing and pulling the worker's human barricade until it breaks loose. Some of the workers had to lie on the wooden plank but the guards and police forcibly instead seized them by forcibly taking it that resulted to the injury of some of the workers. Such an action by the police and guards was had obviously violated the implementing guidelines on conduct of picket line that they must positioned themselves 50 meters away from where the picket line is located.

At 5:40pm, the police and guards later distanced themselves from the picket line but the defiant workers remained in their picket line. At 8pm, some of the guards and police positioned themselves at both corners of the streets where the factory is located to prevent vehicles from coming in. Supports for food and financial assistance to the workers on protest usually came from passers by.

Presently, the union members were able to set-up again their makeshift tents. The latest assault and violent dispersal by the police and guards is one of the many instances of harassment by the police and guards towards the workers. Since the picket line was set-up on August 30, they since had been conducting surveillance purposely to harass them.

Prepared by:
Research, Documentation, Information and Publication Program

Workers Assistance Center Inc. (WAC)