---------- Forwarded message ----------
Date: 24 Dec 1997 07:50:21
From: [EMAIL PROTECTED]
To: Recipients of conference <[EMAIL PROTECTED]>
Subject: Han Young: More Bad Signs

/* Written  7:43 AM  Dec 24, 1997 by clr3 in igc:labr.announcem */
/* ---------- "Han Young: More Bad Signs" ---------- */
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HAN YOUNG: MORE BAD SIGNS
Tuesday, December 23, 1997
 
********************************
ACTION REQUESTS: see end of alert
********************************
 
[Information provided by staff of the Support Committee for Maquiladora
Workers, who ask that local activists seeking updates contact Campaign for
Labor Rights: (541) 344-5410, <[EMAIL PROTECTED]>]
 
BACKGROUND: In recent months, Han Young workers have twice voted to be
represented by STIMAHCS, a branch of the independent FAT labor federation.
Until recently, the government-controlled CROC federation "represented" the
workers. Now, Han Young management and the Mexican government want the
government-controlled CTM federation to represent the workers. Han Young,
located near Tijuana, produces exclusively for Hyundai Precision America,
also located near Tijuana but with headquarters in San Diego. Hyundai
Precision manufactures tractor trailers. It is one part of the Korean
conglomerate, The Hyundai Group. The San Diego-based Support Committee for
Maquiladora Workers stays in close touch with the Han Young workers and
directs international solidarity efforts on their behalf.
 
HAN YOUNG A NO-SHOW: Yesterday (Monday, December 22), Han Young was supposed
to come to the Tijuana labor board to sign the contract agreement, but Han
Young management didn't show up. The labor board then wouldn't do anything
to pressure Han Young to appear. This amounts to a de facto overturning of
the union certification election.
 
EXPLANATION OF WHAT DIDN'T HAPPEN: Under Mexican law, when a union
certification election results in the replacement of one union by another,
the new union inherits the previous contract. Instead of bargaining over a
new contract from scratch, management and the new union bargain over changes
in the old contract. The signing ceremony scheduled for yesterday was to
have transferred the ownership of the old contract to STIMAHCS. Without the
signing-over, STIMAHCS has no legal standing to participate in new
negotiations over the contract.
 
WHAT HAN YOUNG IS SEEKING: When Han Young management showed up at the labor
board last Friday (December 19) with a busload of CTM thugs, management
claimed that CTM was actually the legal bargaining agent for the workers.
Technically, there would have to be an election before management or the
labor board could recognize the CTM. However, in real practice, who knows
what illegalities we will see from Han Young management and the Mexican
government?
 
HYUNDAI PRESIDENT VANISHES: When Hyundai Precision America 'sPresident Ted
Chung asked for a moratorium on letters to him, he promised Mary Tong of the
Support Committee that she could call him "10 times a day" if she wanted to
and he promised that he would check his email every day when he was out of
town. Since the events on Friday morning (when Han Young management showed
up at the labor board with the CTM thugs), Mary has repeatedly been trying
by every way possible to reach Chung, whose office reports that he is "out
of town." Chung's failure to respond to multiple messages becomes more
suspect by the hour.
 
PRESSING FORWARD WITH NAO: The Support Committee for Maquiladora Workers is
seeking to have a hearing date as soon as possible for the NAO complaint
(NAFTA labor side agreement structure). There is mounting evidence that the
Mexican state and federal government are illegally colluding with Han Young
(and quite possibly with Hyundai Precision America) to overturn the
certification of the STIMAHCS election.
 
HYUNDAI'S FINANCIAL TROUBLES: Hyundai Precision America is but one part of
the huge Korean-based Hyundai Group. In addition to manufacturing tractor
trailers, the conglomerate has other divisions for shipping, electronics,
cars and more. On several fronts, the company is having financial problems
due to the Asian currency crisis. According to news stories today, Hyundai
Motor Company said that it has halted a $400-million joint-venture in
Indonesia because of funding problems and the anticipated withdrawal of tax
favor. News stories on December 20 stated that Hyundai Electronics is
mothballing a $1.6 billion chip plant in Scotland, which already is
$hundreds of millions into construction. Clearly, this is a company which is
now vulnerable to pressure.
 
GOVERNMENT MIS-REPRESENTATION: According to the Support Committee for
Maquiladora Workers, the Mexican federal government is trying to take credit
for the STIMAHCS election victory one week ago (on December 16) because the
government had insisted on a new election taking place. However, the
government in fact played an underhanded role in forcing the new election
because government representatives knew full-well that Han Young management
had for two days been offering 1,000-peso bribes to workers who would vote
for CTM. The government laid a trap which did not work because, against all
odds, a majority of the workers still voted for STIMAHCS.  The government's
mis-representation of its role could be important as each side seeks to
frame the public debate which will surround new developments.
 
CORRECTION: In a previous alert, we listed an incorrectly computed figure
for the Canadian equivalent of the bribe offered by Han Young prior to the
second union election. The equivalent of 1,000 pesos is approximately $125
U.S. and $175-180 Canadian.
 
TIMING: The forces seeking to overturn the STIMAHCS election victory are
taking advantage of holiday closures. The timing of recent Han Young actions
and labor board inaction does not allow for much response until early January.
 
WORKER UPDATE: The illegally fired workers have received a written statement
promising reinstatement and back pay from the dates of their firing.
However, as of this morning, none of the workers had received any back pay.
 
"BOYCOTT HYUNDAI" BUMPER STICKERS: Printed in a union shop. $1.00 each or
$6.00 for 10. Add $2.50 per order for shipping and handling. Labor/Community
Alliance, P.O. Box 5077, Fresno, Ca 93755, (209) 226-0477, <[EMAIL PROTECTED]>.
 
*******************
ACTION REQUESTS
*******************
1) Local activists who live in or near port cities are urged to contact
their local longshoremen's unions to discuss solidarity actions.
 
2) If you have not already sent the letter to Han Young (posted in our
previous alert and updated here), please send it now. Some people are
reporting that they cannot get through to this number, which we know to be
correct. This probably indicates that Han Young took their fax off the hook
in response to letters from solidarity activists. Please keep trying. Sample
letter:
 
Pablo Kang, Manager
Han Young de Mexico
Tijuana, Mexico
Fax: 011-526-680-4481
 
Dear Mr. Kang:
 
I am outraged at the blatantly illegal behavior of your company at the
offices of the Tijuana labor board on December 19, in collusion with thugs
acting on behalf of government-controlled unions and falsely representing
themselves as Han Young workers. Then, on December 22 (when you should have
signed over the contract to STIMAHCS), you failed to appear.
 
A majority of Han Young workers have twice voted to be represented by the
STIMAHCS union. In your attempts to undermine two official union
certification elections, you are acting as an outlaw company. No matter what
clandestine deals are being made and no matter what payments are being
passed in secret, you need to be aware that your actions are taking place on
the open stage of international public opinion. International supporters of
the rights of the Han Young workers intend to hold your company to account.
 
I demand that you fulfill your commitments and your legal obligations by
recognizing STIMAHCS as the only representative of your employees and by
bargaining in good faith with STIMAHCS. Justice for the Han Young workers! I
will be watching your actions.
 
Sincerely,
 
 
CC: Support Committee for Maquiladora Workers (619) 295-5879




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