[APWSLMembers 613] DOLE supports a yellow union at Toyota -- TMPCWA continues to resist

[Oidon]

2006 Annual Survey of Trade Union Rights Violations ：
ITUC report documents murder, violence and intimidation against trade unionists
worldwide.


DOLE supports a yellow union at Toyota -- TMPCWA continues to resist:

http://survey07.ituc-csi.org/getcountry.php?IDCountry=PHL&IDLang=EN

The Toyota Motor Philippines Corporation (TMPC) continued to ignore a Supreme
Court order to recognise and enter into bargaining with the TMPC Workers'
Association (TMPCWA). It also continued to refuse to reinstate workers dismissed
in 2001 for taking part in peaceful protests over the company's refusal to
recognise the union. The government failed to implement a recommendation by the
ILO to amend its legislation to allow for " a fair, independent and speedy
certification process", and to "make every effort to ensure that the TMPCWA and
Toyota Motor Philippines Corporation negotiate in good faith in order to reach a
collective agreement.

While the TMPCWA's campaign for recognition continues, a new yellow union
supported by management -- the TMPCLO (Toyota Motor Philippines Labour
Organisation) - was organised, and immediately filed a petition for
certification election. Management's deliberate intransigence and refusal to
bargain in good faith with TMPCWA has prevented an agreement for five years,
opening the door to a certification challenge. DOLE officials oversaw the
certification vote on 16 February, and neither TMPCWA nor TMPCLO received a
majority of the votes. The TMPCWA then filed a petition with the DOLE to nullify
the election -- and not surprisingly, the TMPCLO, with the support of
management, opposed the petition.

TMPCWA pushed forward with demands to re-start collective bargaining
negotiations and seek reinstatement of the remaining 136 workers fired since
2001, but these demands were rejected outright by management. In April, DOLE
rejected the TMPCWA's petition, and subsequently proceeded to certify the TMPCLO
as the legal bargaining representative, despite the fact that it had not
received a majority of the workers’ votes. The International Metalworkers
Federation (IMF) launched a global campaign to pressure Toyota to reinstate the
fired TMPCWA members.

On 16 August, security guards at DOLE headquarters used violence to try and
prevent TMPCWA members from entering the DOLE compound, and fired shots in the
air to intimidate workers. TMPCWA members succeeded in gaining entry to the DOLE
but subsequently 21 trade unionists, including TMPCWA President Ed Cubelo, were
arrested by the police. The unionists were detained for three days before
finally being released.