[APWSLMembers 626] JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS OF TOYOTA AND THEIR FAMILIES!

[Oidon]

http://www.tmpcwa.org/index_html

November 9, 2007

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

The LAW was created to protect the rights of humanity, and not to serve the
interest of a few.

Contrary to the case of the workers illegally dismissed by Toyota, when the
Philippine Supreme Court released a one-sided decision, in the alleged Illegal
Strike / Illegal Dismissal case with G.R. Nos. 158789/ 158798, last 19 October
2007.

WHEREFORE, the petitions in G.R. Nos. 158786 and 158789 are DENIED while those
in G.R. Nos. 158798-99 are GRANTED.

The June 20, 2003 CA Resolution in CA-G.R. SP Nos. 67100 and 67561 restoring the
grant of severance compensation is ANNULLED and SET ASIDE.

The February 27, 2003 CA Decision in CA-G.R. SP Nos. 67100 and 67561, which
affirmed the August 9, 2001 Decision of the NLRC but deleted the grant of
severance compensation, is REINSTATED and AFFIRMED.

No costs.

SO ORDERED.

PRESBITERO J. VELASCO, JR.

Associate Justice


MASSACRE; this is how the illegally dismissed workers described the Supreme
Court decision. Very unjust and evidently serving the one-sided interest of the
multi-national and trans-national Toyota Corporation.

Not even a single argument from the 227 illegally dismissed workers was heard by
the Supreme Court. Each pieces of the thick decision with 49 pages; is like a
sharp-edged knife that slices deeply into the worker’s body and their families,
when you read the contents of the Supreme Court’s Massacre decision.

In the two major points that the Supreme Court should have given a fair and just
analysis, it seems that the panels of judges have a vendetta with the illegally
dismissed workers. The judges made it seems that the workers committed the most
heinous and deplorable crime that they already passed judgment without
considering the side of the workers. The sharpness of their mind may prove fatal
for the worker’s plight and be remembered as the KILLER DECISION.

The workers firmly stands on their argument on the truth that not a single
violation and illegal actions was committed on the peaceful protest actions on
all occasions and that the facts are being distorted and misconstrued by the
Supreme Court. What is evident is that the Supreme Court justices merely copied
and added a few arguments on the allegations written on the petition of Toyota
Corporation against its workers.

Let us look into the massacre decision of the Supreme Court and try to answer
truthfully, based on actual facts and events that was raised in the petition of
the workers, but the justices of the 2nd Division of the Supreme Court, seems to
have blindedly ignored.

The 2nd Division said that the action made by the workers on February 21, 22 and
23 of 2001 in front of the office of the Bureau of Labor Relations (BLR-DOLE) is
considered an illegal strike, based on three grounds: One, the Union did not
filed for a Notice of Strike. The Union did not secured the necessary
requirements before launching a strike; such as, the application of the Notice
of Strike, a strike vote, and submission of the strike vote result to the
Department of Labor and Employment (DOLE). Second, the Union did not secured a
Permit to Rally at the Manila City Hall. And last, the Union violated the
company rules and regulations of Toyota Philippines.

The truth of the matter is that on February 21, 2001, the BLR called for a
clarificatory hearing on   the appeal made by Toyota on the two decision
released by the Med-Arbiter and Undersecretary of the DOLE, recognizing that
Toyota Motor Philippines Corporation Workers Association (TMPCWA), is the sole
and exclusive bargaining agent (SEBA) for all the rank-n-file workers of Toyota.
A handful of officers and workers filed their respective leave to attend the
hearing. The clarificatory hearing was reset on February 22 and 23, 2001 as
requested by Toyota management. The workers, sensing something unusual about it,
attended to watch and guard the proceedings for any unfair actions by the BLR.

The Union’s Argument: First, why is it necessary for the Union to apply for a
Notice of Strike and the requirements that goes along with the Notice of Strike,
when they are just attending what the  BLR itself called for, which is the
clarificatory hearing. In fact, the BLR invited the Union and Toyota management.
If Toyota did not meddled in the affairs of its workers and continued its dirty
tactics in delaying the recognition of the Union by using loopholes in the Law,
then the workers would not have been instigated into attending the clarificatory
hearing.  Secondly, why is it necessary to secure a permit to rally, when it is
a clarificatory hearing that the workers are attending?. During that time, the
law on “No Permit, No Rally” is not yet implemented, as Gloria Arroyo’s
Regime was newly established by People Power 2. It is also enshrined in the
sacred pages of the Philippine Constitution which clearly guarantees the
constitutional rights of its people the freedom of expression (the freedom of
speech and peaceful assembly), to recognize the rights of workers to freely
establish and join the union and that company rules and regulations cannot
overthrow the highest constitutional law of the land, recognizing the right to
form a union, which Toyota wanted to suppress.

2nd Division said; the strike on March 28 to April 12 including March 17 to
April 12 was illegal. Even though the Supreme Court said that the union secured
all the requirements for a legal strike of the DOLE, they said that the workers
violated the Temporary Restraining Order (TRO) on Free Ingress To and Egress
>From or the blocking of the gates of the company. Toyota showed some photos to
which they used to collaborate their claim that the suppliers and company
officials where threatened by the workers.

The truth behind this occasion: on March 16, 2001, the very same day the DOLE
released its final decision that TMPCWA is declared as a SEBA, Toyota illegally
dismissed some 300 members and officers of the union. Despite the illegal
dismissal action of the company, the Union, in good faith, tried to negotiate
with the management to reinstate the workers back to their work. In the two
weeks that passed, Toyota ignored and disregarded the plea of the union. The
Union decided that they have no choice but to defend their ranks by launching
the strike on March 28, 2001. Second, the workers did not block the gates of the
plants after the TRO. What was shown was a photo of a single worker standing in
front of a gate, and another photo showing three workers standing in front of
another gate. How can three men block a big gate, let alone a single person
block a gate for vehicles passage by his lonesome? It is highly improbable for
one or three, even five workers to block a gate unless they are chained in the
gates which they are not, to block the gates of the company to prevent the
vehicle from entering or leaving the plant. It can easily disperse the workers.
Third, that the Supreme Court placed so much weight on a mere affidavit of a
Toyota official that the Japanese officers were bad-mouthed by words such as
“Bakeru”, which was not even submitted into a cross examination to determined
its authenticity is clearly shameless.

The 2nd Division said: The action made by the workers on May 23 and 28, 2001 was
an illegal strike also. The workers who are in payroll reinstatement and not
physically reinstated was accused of staging an illegal action in front of the
company’s plant. The workers violated the assumption order (Asumption of
Jurisdiction) made by Patricial Sto. Tomas, the Secretary of DoLE. The action
made by the workers in front of the company can create possible trouble for the
workers inside.

The truth behind May 23 and 28, 2001, the Union did not launch any strike. The
Union also did not violate nor defied the Assumption Order. First, the
Assumption of Jurisdiction of Sto. Tomas is very favorable to the Toyota
management. The Assumption Order is a “return to work order” based on the
status quo but was given special treatment by allowing the company the option of
choosing who will be reinstated and who are to be placed on the payroll
reinstatement. There are some 227 workers placed on the payroll reinstatement.

May 23, 2001, is a payday for Toyota workers. The same day for the 227
payroll-reinstated workers to gather in front of Toyota to get all their
pay-slip. The workers were not able to get their pay-slip because Toyota
transferred the day of the distribution on May 28, 2001. This was a ploy made by
Toyota to orchestrate a well-planned design to create an atmosphere of
animosity. The guards forcibly dispersed the payroll-reinstated workers by
striking them with nightsticks when they heard a shot from a shotgun three times
into the air by a guard, obviously as a signal for the attack to begin.

The Supreme Court did not looking into the workers arguments. Not even a single
consideration was given to the workers for their reasons in launching actions
against Toyota. The Supreme Court did not even considered that the company
committed acts of Union Busting which is why the workers had to defend their
ranks. The court did not even consider that the massive illegal dismissal in the
ranks of the workers on the eve of the recognition of the Union as the sole and
exclusive bargaining agent, was planned all along by Toyota. The Supreme Court
also did not bother to mention that the company defiantly refused to recognize
the final decision of the DOLE, recognizing the TMPCWA as SEBA and its
legitimate claim that it has all the legal and moral grounds to launch any
concerted actions.

WHERE IS JUSTICE IN THE SUPREME COURT DECISION?

ALMOST SEVEN YEARS, the illegally dismissed workers is waited long for the
decision. The workers are hoping that the Supreme Court will hear the
correctness of Union’s argument. The workers are hoping that the Supreme Court
will give justice to the almost seven years of agonized sacrifices. The workers
are hoping the Supreme Court decision can give justice to the six children of
the illegally dismissed workers who died because of poverty. The workers are
hoping that the Supreme Court decision will give justice to the death of one of
its member who never gave up in the long struggle, determined to fight for his
right and for the union. The workers are hoping that the Supreme Court decision
will give justice to the families that was teared apart because of the
dismissal. The workers are hoping that the financial difficulties they
experienced would be eased by the Supreme Court. The workers are hoping that the
Supreme Court will give justice and dignity to all workers who choose to fight
for their very fundamental rights as workers. The workers are hoping up to the
end that the Supreme Court will give justice for the rank and file workers to
establish genuine unionism that will serve genuinely for the interest of the
workers.

While waiting for the decision of the Supreme Court, the union did not stop to
struggle. The union gains a lot of support in many countries. International
solidarity recognizes the sublime struggle of the workers based on the Supreme
Courts decision on September 24, 2003 and January 28, 2004, instructing Toyota
to sit in and negotiate with the union. Toyota refused to cooperate and
disregard those decisions, even the four recommendations of International Labor
Organization in favor of the union.

Because of that; strong voices of international solidarity echoed all over the
world. The International Metalworkers Federation-IMF initiated International day
of protest against Toyota. Some 44 countries with 71 organization and global
organization participated. All of them stage a protest in front of Japanese
Embassies on different countries in September 12, 2006. Another Global day of
protest against Toyota was again made last September 12, 2007.

To counter the wide range of support enjoying by the illegally dismissed workers
and the union, Toyota with his cohorts DOLE Secretaries Patricia Sto. Tomas and
Arturo Brion created the yellow union of Toyota Motor Philippines Corporation
Labor Organization (TMPCLO) and immediately concluded the CBA (collective
bargaining agreement).

Unlike the KILLER Decision of the Supreme Court, TMPCWA wanted to expose the
truth behind the distorted LEGAL SYSTEM in the land. It is a strong
manifestation that we as workers cannot expect favorable decision, under the
existing society  that only serves the interest of the ruling classes.

The Supreme Court released its decision to massacre not only the Union-TMPCWA,
the workers and its families, but to make sure it will affect the whole labor
movement. The decision is very political. Toyota and the 2nd Division of the
Supreme Court wanted to exploit the one-sided decision to block the
international solidarity and prevent them to gather a widening international
support for the Union, which is a huge obstacle for Toyota which now has the
title of being the “NUMBER ONE CAR MAKER OF THE WORLD.” Toyota and the Supreme
Court, wanted to bring to an end to the strong bond between the illegally
dismissed workers and the workers who still working inside the factory leaded by
the union TMPCWA.

TOYOTA WORKERS KNOWS VERY MUCH WHO IS REALLY THE EVILDOER.

The MASSACRE DECISION cannot ruin the unity of the workers and the Union; even
the decision was come from the highest court of the land, the Supreme Court,
because the struggle of the Toyota workers and their families is a sublime
struggle. The illegally dismissed workers and the workers inside will still
continue the struggle.

CONTINUE TO SUPPORT THE SUBLIME STRUGGLE OF TOYOTA WORKERS!

STRONGLY CONDEMN THE MASSACRE DECISION OF THE SUPREME COURT 2ND DIVISION!

STRONGLY CONDEMN TOYOTA!

JUSTICE FOR THE ILLEGALLY DISMISSED WORKERS AND THEIR FAMILIES!

Long live Toyota workers!

Long live the working class!