[APWSLMembers 177] MOST WARMEST GREETINGS TO ALL THE FRIENDS AND SUPPORTERS OF TMPCWA

[Oidon]

MOST HIGHEST PRAISES AND MOST WARMEST GREETINGS TO ALL THE FRIENDS AND
SUPPORTERS OF TMPCWA!

We would like to thank you all for the warm support that you have given
to us. Despite of the very short and a limited time and urgency of the
appeal of TMPCWA, to send protest letters to the connived Philippine
Toyota,DOLE-(Department of Labor and Employment) and the Toyota Japan.

In three days from Monday January 13, 2006 up to January 15, 2006, we
received 803 emails from different individuals and organization from
both local and international supporters and friends of TMPCWA.

This numbers of support from you have given an extra threat to
Philippine Toyota management and a warning that the TMPCWA continuously
gains numerous supports because of the inhuman and anti-workers activity
of the Company against TMPCWA. And a lot of protest letter gave the
pressure to DOLE.

And because of all your support, the TMPCYELLOW (TMPCLO) did not win in
the Certification Election yesterday (February 16, 2006) although they
have more votes than TMPCWA they did not gain the 50% plus 1 of the
total valid votes cast. TMPCWA still the bargaining agent for all the
rank and file workers and will continue the struggle. From all of this
we would like to request to all of you to continue to support our
valuable struggle.

Once again; we thank you all for this remarkable support!

In solidarity!

ED CUBELO
President-TMPCWA


UPDATE:

TMPCWA join the CE last February 16, 2006 because there was no choice
but to continue to fight against dirty tactics of Toyota.

The result of the election:
TMPCLO       424
TMPCWA       237
NO TO UNION    8
SPOILED         15
CHALLENGE VOTERS 121 (102 STA. ROSA) + (19 G.T. TOWER)
CHALLENGE VOTERS (ILLEGALLY DISMISSED)   89
TOTAL 894

>From the very beginning there was a huge cheatings from the conniving
forces of Toyota management-Department of Labor and Employment-TMPCLO
and still continue.

Challenge Voters (CV) means that according to the law all voters that is
not qualified voters but allowed to vote by the parties must be
segregated and can opened if agreed by all the parties or after
determining that they are belong to qualified voters.

In our case, the CV are employee which level 5, 6 and seven and this
levels belongs to the supervisory levels and not a rank and file. There
is Jurisprudence in the similar case in Toyota declaring by the Supreme
Court that only the levels 1 to 4 are qualified voters for the rank and
file workers in Toyota. That's why all levels 5-7 are CV

But the DOLE placed all the dismissed members as challenge voters and
their votes can be opened after the final judgment of the Supreme Court.
This is very painful to us, because according to the Philippine Labor
law,that the dismissed workers with pending case in the court can vote
and their votes must be counted as qualified voters. Some of the
dismissed members could not vote because they are now working abroad and
the others stays in far provinces.

In our bus-hopping campaign program, for the last 2 days before the
election take place. We manage to get in the shuttle busses of the
Toyota workers. But in the 2nd day, after learning by the management,
that the dismissed members of TMPCWA successfully made the propaganda
campaign and exposed the connivance. The Toyota management put two
company guards to every shuttle bus service of the workers and did not
allowed our members to get inside to make the campaign.

Last February 15, 2006, TMPCWA launch protest vigil in front of Toyota
Sta. Rosa plant together with other local support organization in the
Southern Tagalog Region to expose the designed certification election
against TMPCWA.

Around 8:00 p.m. some military soldiers inside the company tried to
disperse us because the management was not allowed to stay in front of
the company. We have nothing to do but to withdraw and pullout the
picket,because we are worried if we defied it although we can continue
to stage the vigil, and if there will something bad to be happened to
our members or our supporters,  our vote will be sacrifice. We brought
back the picket early as 3:30 a.m. in front of Toyota and start the
campaign while waiting for all the incoming workers.

Before the election The First Vice President of H.R. (Human Relations)
Department Jose Aligada talk to us that they would not allowed to enter
all the illegally dismissed members of TMPCWA at the same time and they
will have to control for every 5 person to enter and vote to the
isolated polling booth for the dismissed workers in the parking lot.

Aligada said that the company will not allow entering the President of
TMPCWA in the major polling precint as poll watchers or as observer. But
because the poll watchers of TMPCWA inside were insisting to allow their
President to sign the ballot or they cannot continue the election. The
DOLE had nothing to do but to request to the company to allow entering
the president of TMPCWA.

After the signing of the ballots, the bias presiding officer Lourdes
Ching of the DOLE force to repel and pulled the President of TMPCWA to
go out of the polling precint and did not allowed to watch nor to
observe in the CE.
It again happened after his vote in the isolated polling precint for the
dismissed workers when Mr. Aligada, the First Vice President of H.R.
Department does the same to the union president of TMPCWA.

Aligada directly interfere in the election precint and dictates the
DOLE's Representatives on what to do in the elections. There is a direct
interference when Aligada insisted that all the dismissed members not
included in the list of voters but present during the time and was
identified by the poll watchers of TMPCWA and TMPCLO must not allowed to
vote. Where in this part, the company is only a by-stander in the CE,
but the DOLE's  give consent to Aligada.

Aligada threatened TMPCWA President, if he will not going out; he will
force to do it with the aid of the company's security personnel. The
TMPCWA President strongly refuses to go out because he has the right to
stay because he is the union President. Then Aligada commanded the head
security at the gate that the dismissed workers can enter only for four
people every time.

Because of the strong presence of TMPCWA President in the polling
precint, Aligada again forced him to get out using the black mail that
no more dismissed members can vote if he will remain to stay in the
area. The TMPCWA President had no choice but to go out because he cannot
sacrifice the votes of his members. The company guards escorted him in
going outside the Toyota plant.

Where can we find in the world in the issues of Certification Election
to where the contending union which is written in the ballot, but all
the officers cannot observe the election proceedings?

Where can we find in the world in the issues of CE, that the Union
President can be placed as a Challenge Voters? We can found it only in
Toyota Philippines!

After the Election, we placed our manifestation and protest recorded to
the minutes of the election that there was a failure of election with
the attached 9 pages of violation and harassments as recorded by our
poll watchers during the election process.

There is no winner in the CE, because the TMPCLO did not reach simple
majority of the total valid votes cast. The TMPCWA still the bargaining
agent in Toyota Philippines and must continue the fight!

ED CUBELO
17th February 2006