Appeal n° 309 (15 September - 15 October 2007)

That’s it, they did it: this year, Toyota, the Japanese automotive giant, became the world’s top car manufacturer. By launching and mass-producing the first hybrid car - a less polluting car functioning alternately on fuel and electricity -, Toyota has given itself a “green” brand image and has seduced consumers worldwide. The Japanese manufacturer is busy scoring one of the greatest industrial successes of all times. Its secret: a tremendously efficient production system, based on one way of thinking: the "Toyota way", including kaizen: the will that employees must have to always improve their economic performance. But at what cost? In the Philippines, for example, some workers are pushing for greater recognition of their rights, mainly through their trade unions. Still, they remain victims of the management’s unfair dismissals, intimidation and corporate obstinacy. Two international campaigns, a decision by the Philippine Supreme Court and four recommendations by the International Labour Organisation have not sufficed to make the automotive giant yield, and it still refuses to give in to its workers’ legitimate demands.

Toyota set up its first production unit in the Philippines in 1988. From the start, the company overrode its employees’ rights, namely their freedom of association and collective bargaining [1], fundamental rights which are essential to the improvement of working conditions and to the respect of social law. Ten years later, when the workers decided to form an independent trade union, the Toyota Motors Philippines Corporation Workers Association (TMPCWA), the company categorically refused to recognise it.

Six long years of struggle for the trade unionists unfairly sacked

To make its voice heard, the trade union was forced to submit an appeal to the Labour and Employment Ministry. It succeeded in holding “certification” elections in 1999, and obtained a majority of the votes. Toyota’s management stubbornly refused to recognise the results of these elections, and sought by all means to challenge their validity. The repeated confirmation by the Philippine Bureau of Labour Relations’ mediator and then by the Labour Ministry and Employment were in vain: Toyota rejected any dialogue with the legally elected trade union when the union sent out a first invitation to collective bargaining.

To protest against the company’s bad faith and its clearly anti-trade unionist attitude, the TMPCWA organised in February 2001 a series of peaceful demonstrations in front of the ministry. But instead of answering the demonstrator’s requests, Toyota decided to sack them! All in all, 233 trade unionists were thus shown the door for wanting to ensure that their rights were respected [2] .

The authorities’ complicity and attempts at intimidation

A few days later, in order to support their colleagues unfairly deprived of their wages, the workers organised a piquet line outside of the two Toyota factories in the Philippines, and asked for their colleagues to be immediately reinstated. Toyota was backed by its parent company in Japan and the other Japanese multinational companies operating in the Philippines, that were threatening to leave the country if their interests were to be compromised in the same way. The firm thus managed to obtain the support of the police who, with the help of private guards, violently broke up the crowd of demonstrators and confiscated their goods.

In the following days, even the Labour Ministry gave in to the pressure of the multinational companies’ lobbying and ordered the Toyota strikers to start work again. By deeming the demonstrations of February 2001 illegal, the National Labour Relations Commission legitimated the sackings. Toyota took advantage of that and sued 18 union officers, accusing them of bullying the workers who wanted to break the strike.

Yet in September 2003, the Supreme Court did recognise the strike of February 2001 as legal. And between 2001 and 2006, the ILO’s Committee on Freedom of Association issued no less than four recommendations prompting the Philippine state to respect the TMPCWA’s rights. But Toyota, clearly supported by the Labour Ministry, seems to have remained deaf to the workers’ demands.

In February 2006, in order to circumvent the TMPCWA, Toyota tried to establish the legitimacy of another trade union, created at its instigation: the TMPCLO. In violation of the law, a new election was held, but despite the management’s propaganda and attempts at intimidation, this “company” trade union did not obtain the required majority. The procedure’s obvious irregularity did not prevent Toyota’s management from signing a collective bargaining agreement with the TMPCLO, which has even been validated by the Labour Ministry. But Toyota’s independent trade union continues to question the lawfulness of this agreement, and its members are still victims of harassment, discrimination and other attempts at intimidation set up by the management and its trade union in the hope of dissuading TMPCWA affiliates from proceeding with their struggle.

Peuples Solidaires has been supporting the TMPCWA for several years, and has already sent out two appeals to Toyota, one in 2004 and another in 2006. For this third appeal, we are asking you to call upon Toyota’s management, to make them understand that they cannot carry on violating its workers fundamental liberties in all impunity.

FURTHER INFORMATION:

2007 International Solidarity Campaign with the Philippine workers at Toyota:
The struggle of the Philippine workers at Toyota and of their independent trade union TMPCWA has been supported for several years by many organizations throughout the world and especially by the International Metalworkers Federation and Japanese unions which help the TMPCWA to make its struggle known internationally. In January 2006 a new union called “ZEN-TO-UNION” was created, calling for all Toyota workers throughout the world to unite. This year the TMPCWA decided to launch a new international campaign with its partners’ support.

All information on the 2007 campaign:

  The TMPCWA website: www.tmpcwa.org
  The International Metalworkers Federation (IMF) website: www.imfmetal.org

Peuples Solidaires Appeals
In March 2004 we launched a first appeal “Philippines, Dialogue Breaks Down at Toyota” (Appeal n° 269), and in March 2006 we renewed call for solidarity with the Appeal “Philippines, Toyota Takes the Wrong Road” (Appeal n°292).

WRITE!

By letter: copy the standard letter below or use your own wording. Remember to add your name, address and signature.
Support message to partner: to give the TMPCWA an idea of the support on which they can rely, send them the message below. _ E-mail: katsuaki.watanabe@mail.toyota.co.jp - Cc: tmpcwa1998@yahoo.com
Reaction time: on reception and until 15 October 2007.

PROTEST LETTER

Mr. Katsuaki Watanabe, President
Toyota Motor Corporation
1 Toyota - Cho, Toyota City
Alchi Prefecture 471-8571
Japan

Dear Sir,

I have been informed by Peuples Solidaires of the situation at the Toyota Philippines factories. In this country, Toyota has been violating trade union rights since 1999 and refuses collective bargaining with the independent trade union Toyota Motor Philippines Corporation Workers Association (TMPCWA).

I strongly protest against this attitude and call on you to :

  reinstate the 233 illegaly dismissed workers, members of TMPCWA ;
  withdraw the fabricated criminal charges against 18 union members and officers of TMPCWA.
  recognize the TMPCWA union;
  start collective bargaining negotiation with the TMPCWA

Yours sincerely,

SUPPORT MESSAGE FOR THE TMPCWA

Ed Cubelo, President
TMPCWA
1482 Elephant Street, Armor Vill.
Barangay Post Proper, Southside
Makati City
Philippines

Dear Friends of TMPCWA,

I have been informed by Peuples Solidaires of the illegal dismissal of 233 Toyota workers, members of TMPCWA, the criminal charges against 18 union members of TMPCWA and the violation by Toyota management of your trade union rights and your right of collective bargaining.

I support your action and have sent a letter to the Toyota Philippines Corporation in Japan requesting that he take immediate action to implement your demands.

With warm regards,

[1] cf. Fundamental Conventions of the International Labour Organisation: Convention n° 87 on the freedom of association and the protection of trade union rights, 1948 and Convention n° 98 on the right to organise and to collective bargaining, 1949.

[2] For the last six years now, the sacked workers have been living in very difficult conditions. As a direct consequence of their sacking, some of them, in extremely precarious conditions, cannot even meet their family’s most basic needs for food and healthcare. Nevertheless, they remain active in the fight for the recognition of their own rights and those of the workers still employed in the factories, in a spirit of solidarity.