Dear friends,

We are glad to send you the newsletter No. 8, which needed a year to be published, following the newsletter No. 7. The Supreme Court Philippines made a decision to entitle TMPAWA (Toyota Motor Philippines Corporation Workers Association) to have labor/management negotiations with TMPC (Toyota Motor Philippines Corporation) while the Committee on Freedom of Association, ILO, issued the recommendation favorable to TMPCWA. TMPCWA and PTC (Protest Toyota Campaign) have filed a suit against TMPC and Toyota Motors Corp. Japan, holding that they are violating OECD’s Guidelines for Multinational Enterprises, which is drawing international attention, with support from France and Switzerland. The dismissed union members have much difficulty making a living while other members working in the company have a hard time, harassed more often than not. They do not stop, nonetheless, struggling. We do hope they will be able to enjoy much more support from you.

This newsletter is addressed to those who we believe are concerned about workers struggle in the automobile industry. We would appreciate you if you could forward the newsletter to other people concerned.

Those who do not wish to receive the newsletter anymore, please contact Protest Toyota Campaign at protest-toyota@list.jca.apc.org, new address. Thank you.

Protest Toyota Campaign (Support Groups for TMPCWA)
E-mail Protest-Toyota@list.jca.apc.org

Protest Toyota Campaign

Newsletter No. 8
October 30, 2004

Toyota Motor Philippines Corporation Workers Association (TMPCWA) welcomed the recommendations from the Committee on Freedom of Association (CFA), International Labor Organization at the end of November 2003 in response to TMPCWA’s complaint (Case No. 2252) filed in February 2003 against the Philippine Government with the Committee. After discussing the responses from the Philippine government, CFA gave such landmark recommendations as shown below to the government. They urge the government to revise Philippine law as to the solution of labor disputes, and take necessary steps to put Toyota Motor Philippines Corporation (TMPC) at the negotiating table with TMPCWA and to receive a research group from CFA. The recommendations are favorable not only to TMPCWA, but also to the Philippine labor.

To follow ILO’s recommendations, TMPCWA and Protest Toyota Campaign (PTC) complained in March 2004 that TMPC and Toyota Motors Corporation Japan, mother company of TMPC about their violation of the guidelines for multinational enterprises prepared by OECD. TMPCWA’s struggle has reached a new stage as a result of the complaint filed with ILO and OECD over the issue, gaining support from Japan and Europe as well.

It is demanded both in the Philippines and in Japan that the resolution made by the Supreme Court be followed.

Prior to ILO’s recommendation, the Supreme Court issued on September 4, 2003 a resolution that the injunction of the Court of Appeals in June 29, 2001 are SET ASIDE and NULLIFIED. This resolution has enabled TMPCWA to request TMPC to sit at the negotiating table, and TMPCWA lost no time to request the same. Also, TMPCWA asked many organizations through PTC to send a letter to TMPC to request them to sit at the negotiating table.

ED CUBELO, President of and MAXIMINO CRUZ, Vice-President of TMPCWA, visited Japan to participate in the Autumn Joint Action Tokyo taken on November 19, 2003, organized by a lot of progressive labor unions. 300 workers and citizens who took the joint action requested Toyota Motors Corporation Tokyo to instruct TMPC to hold collective bargaining with TMPCWA, allow the dismissed workers to return to work and withdraw immediately the groundless criminal suit. ED and MAX moved to Toyota city on November 24, 2003 and conducted a protest campaign against Toyota Motors Corporation Aichi, together with 50 supporters. They started at 5:00 a. m. to distribute fliers in front of three plants, including the main plant, and held a meeting in protest against the Corporation while deliverin message to them.

TMPCWA launched on November 24 protest action simultaneously in front of the Philippine Toyota’s Bicutan plant to denounce what TMPC did to his workers.

TMPC is very angry during their visit to the picket in front of Toyota main office and distributing leaflets about these activities. They also filed manifestation with the Supreme Court that the union did coercive actions in the Supreme Court. They cited the picket protest last November 24, and also attached all the letters of the international in support to the request to start the CBA. Some union members inside the plant were placed in the floating status. They were assigned to clean and sweep the flooring for eight hours and were replaced by contractual workers in the production line.

Recommendation from the Committee on Freedom of Association, ILO

As mentioned earlier, TMPCWA filed in February 200 complaint to the Philippine government for their infringement of ILO Convention 87 and 98 with CFA, which fully approved in November of the complaint and pointed out to the government that it violated the Convention. The Committee also recommended the Philippine Government and Toyota Management to:

1) reinstate all the 233 union members and officers;

2) immediately begi collective bargain with the Union to establish harmonious management-labor relation;

3) withdraw the criminal cases filed by the company;

4) accept the consultative mission for investigation; and

5) amend the relevant provision of the labor code in the region which might threaten freedom of association and the right to organize. This recommendation justified internationally what TMPCWA asserted, encouraging TMPCWA members and their supporters.

Following this, TMPCWA and PTC filed in March 2003 a complaint to TMPC and Toyota Motors Corporation Japan for the infringement of OECD Guidelines for Multinational Enterprises with OECD’s national contact point, Second International Organization, Division Economic Affairs Bureau, the Ministry of Foreign Affairs. TMPCWA indicated in the complaint that there is a material basis showing that Toyota Management committed gross violation on the OECD Guidelines for Multinational Enterprises. (II. General Policy and IV. Employment and Industrial Relation 1. a), 6, 7, 8) and itemized the facts of violation committed by Toyota. The Ministry answered PTC that they would start to examine as soon as possible, and report the result. Five months have passed since then, but nothing has arrived at PTC. There is rumor that Toyota is reluctant to cooperate with NCP in terms of hearing.

Ignoring TMPCWA’s repeated request not to, TMPC file petition, in the meantime, with the Supreme Court for request for retrial, which was turned down in January 2004. TMPC is still in no position to bring themselves to the negotiating table. The reaction of TMPC was to launch Labor Forum and campaigning that the TMPCWA’s Union President lied in filing it to OECD and destroyed the good image of Toyota Motors in the international community. The Union reacted against the company, sending a letter of protest to Mr. President Tabata, TMPC, and distributed the fliers to the worker in the plant to tell them the truth. It also held forums to show their protest against TMPC.

World Social Forum was held in January 2004 in Mumbai India, where TMPCWA and PTC also distributed 3, 000 fliers to make the participants aware of the status quo of the issue. In France, Peuples Solidaires French NGO, started a protest campaign against Toyota by sending letters of protest to the company as there is another labor dispute at Valenciennes Plant, France.

Also in Japan protest campaign was started to send letters of protest to Toyota in response to TMPCWA ‘s request. PTC and Japanese supporting labor unions and NGOs took on April 4, 2004 a protest action as part of Joint Action Spring 2004 in front of Toyota Motors Corporation Tokyo. The participants demanded Toyota to observe the resolution made by the Supreme Court and follow ILO’s recommendation. In reply, Toyota Motors Company said that “We know that we are being severely criticized by ILO’s recommendation and Philippine Supreme Court resolution, and for not abiding by OECD’s Guidelines for Multinational Enterprises, but can not put ourselves at the negotiating table as we are being heard at the Court of Appeals.”

President ED paid a visit to ILO

ED Cubelo, President of TPCWA and four members of PTC (3 from Japan and 1 from France) visited Geneva from May 29 to June 12, 2004 to observe the ILO general meeting held there and extended lobbying to seek support because they have demanded Toyota to fully follow the recommendation by ILO. ICFTU, International, local Swiss and French labor unions know much about TMPCWA’s struggle, ILO’s recommendation and TMPCWA’s complaint filed with OECD, showing strong support for TMPCWA. This gave ED and TMPCW big encouragement. He was also moved by ILO staffers kind hospitality.

During their stay in Europe, TMPCWA and PTC members visited on June 8 Valenciennes Plant, France, accompanied by Peuples Solidaires member and exchanged with CGT (Confederation General du Travail) union members. According to Mr. President Eric, Toyota CGT, of 3, 200 workers, CGT has gained support from 49% of them, but Toyota does not like to negotiate with CGT, and they are in the course of forming a company union. Labor accidents which happened at Valenciennes Plant in 2003 amounted to 141, and many other accidents reportedly did not surface. 115 workers were sacked and CGT brought 8 cases of such dismissal to the district labor committee. TMPCWA, PTC, CGT and Peuples Solidaires members discussed and agreed that they would strengthen international solidarity among the Philippines, France and Japan, and make efforts to gain support from workers and citizens all over the world, especially to work on the Toyota workers.

ED met on June 11 Sec. Patricia Sto. Tomas, the Philippine Secretary of Labor and Employment, as delegate of the Philippine Government and informed her that the ILO issue recommendation in favor of TMPCWA and the final decision of the Supreme Court. She told him that she will contact TMPC when she come back to Philippines and inform the matter to the concerned person in the company. President ED was interviewed by media persons both in Switzerland and in France, which helped the public there know more about TMPCWA’s struggle.

It seems that Toyota is being driven into a tight corner by ILO’s recommendation and TMPCWA’s filing a complaint with OECD. It can be known from a simple fact that not less than 5 Toyota directors, including Mr. Okuda Hiroshi, representative of Japan’s employers (Chairperson of Japan Federation of Economic Organizations), attended the ILO General Meeting. Mr. Okuda proposed the establishment of Business Ethics as one of the policies of Japan Federation of Economic Organizations and the reinforcement of leadership of the top management and complete establishment of Compliance and Corporate Governance. This proposal was published on 15th October, with penal regulations in case of violation, as “Charter for Good Corporate Behavior” in October, 2002. Toyota was the first Japanese company to join, in December 2003, CSR Europe promotion organization in Europe of Corporate Social Responsibility, based in Brussels, Belgium. They want to appeal to people in Europe they are well ready to take CSR. It was disclosed in December 2003, however, that some Toyota’s employees leaked some questions of a technical skill examination. What makes the matter worse, they were complained that they had infringed upon OECD’s Guidelines for Multinational Enterprises, which was internationally known.

TMPCWA members were discharged without good reason and are jobless and in poor condition. Despite that many members have refused even now to receive retirement allowances and are in struggle against Toyota. It is their spirit that seeks justice that attracts people’s attention and is gaining more and more support from the Philippines, Japan and Europe.

#The full text of the recommendations from the Committee on Freedom of Association (CFA), International Labor Organization can be reached at the website:

http://webfusion.ilo.org/public/db/standards/normes/libsynd/index.cfm?hdroff=1

Protest Toyota Campaign (Support Groups for TMPCWA)
E-mail: Protest-Toyota@list.jca.apc.org
Address: 3-6-901 Oppama Higashimachi, Yokosuka City, Kanagawa, Japan

Toyota Motor Philippines Corporation Workers Association (TMPCWA)
E-mail: tmpcwa@edsamail.com.ph