Letter from Workers of Industria Fronteriza (Tijuana)
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02 Dec 2004
Industria Fronteriza Workers? Coalition Pro J
Dear Compa?eras and Compa?eros,
We are workers of Industria Fronteriza and we are still fighting for our severance pay after being fired in June 2002 for demanding our legal rights.
There is good news! We have won the lawsuit against the company, and now we are in the next stage, which is preparation to confiscate the company?s
machines and equipment. We are asking for your support again.
As many of you are aware, our struggle at Industria Fronteriza (IFSA) has been very complex; we have faced a collusion of the company?s owners,
Tijuana Labor Board bureaucrats, and ?union? representatives (a company union called ?Sindicato Siete de Enero?). On Dec. 7, 2004, we will have been
in the struggle for two and a half years; however, this day we also will finally confiscate part of the company?s property to sell and in this way
obtain resources for our severance payment. After two and half years of dealing with a tedious and often biased lawsuit, we finally obtained a
favorable resolution: the court has ordered the company to pay us. But, since Industria Fronteriza?s owners are not available, we have the right to go
to the factory and confiscate some machines and equipment; we are now the legal owners. However, the action to confiscate is complex and expensive in
itself, and we need to spend about $2,000 dollars to rent a truck, a forklift and a storeroom to keep the confiscated machinery; we also need to hire
a locksmith to open the factory?s doors and locks, and pay for a plane ticket of a legal adviser from Mexico City to help us to deal with the
confiscation. A time for justice is coming, but we need the money to make it possible and we are maquiladora workers without such funds. We are
organizing parties and posadas, but we won?t be able to raise that amount of money before December 7th. So we are asking for your support. Any support
is appreciated; we will be able to do it together, dollar by dollar. Thank you very much.
Sincerely,
Manuel, Miguel, Rocio y Margarita,
Industria Fronteriza Workers? Coalition Pro Justice
If you want to support us, please write a check to Cittac (specify it is for IFSA workers, please) and send it to the following address:
Cittac
PMB 193
601 E. San Ysidro Blvd. #180
San Ysidro, CA 92173
If you have a storeroom in Tijuana or a truck we could rent, please let us know.
We also invite you to be an observer of the confiscation of the company? on December 7, 10 am. Please let us know if you want to support us this way.
More information:
Cittac Tijuana: 52 (664) 622-4269
cittac@telnor.net
Margarita Avalos (Tijuana): 52 (664) 190-2586
magui2001camx@yahoo.com.mx
Enrique Davalos (San Diego): (619) 216 00 95
maquilatijuanasandiego@earthlink.net
BACKGROUND
LABOR STRUGGLE AT INDUSTRIA FRONTERIZA
February 28, 1965. Industria Fronteriza, Sociedad An?nima (IFSA), a textile maquiladora in Tijuana, was founded by Wolf Model, US citizen.
June 5, 2002. A group of workers fought the company to get the 2002 reparto de utilidades (profit sharing). According to Mexican labor law (Ley
Federal del Trabajo, LFT), employers have to share 10% of the profits by paying a bonus to their employees every year.
June 6/7, 2002. Five workers who led the fight against the company were fired: Manuel, Miguel, Margarita Avalos, Roc?o and Margarita Ayala.
June 24, 2002. These workers filed a legal complaint against the company; demanding a severance payment for unjustified firing. The company offered
nothing.
August 28, 2002. The Tijuana Labor Board claimed no jurisdiction in this case and transferred it to the Federal Labor Board (Junta Federal de
Conciliaci?n y Arbitraje, JFCyA).
September 30, 2002. The company laid off more than 60 workers with no severance pay. The union which legally represented the workers, Sindicato Siete
de Enero (January Seventh Union) colluded with the company to force the workers to accept the lay off. Sindicato Siete de Enero was never elected by
the workers, but was imposed and controlled by the company.
November 19, 2002. IFSA?s owners shut down the factory, leaving more than 200 workers unemployed and with no severance pay. The company did not
declare bankruptcy, but instead ordered the Sindicato Siete de Enero to go on strike. This way the company was not legally closed but on strike. (The
Mexican labor law required a company to suspend any activity if a union initiates a legal strike.) The workers did not vote this strike?the union
imposed it to let IFSA?s owners avoid any severance pay.
January 9, 2003. A first hearing of IFSA vs .the workers fired on June 6th, 2002 was scheduled for this date. Celina Tostado, president of the Labor
Board, suspended the hearing arguing that the company could not be notified because of the strike. That is extremely absurd and illegal.
January 12, 2003. The IFSA workers fired on June 6th allied with the workers forced to strike on November 19th to create a new coalition: Coalici?n
pro Justicia de Trabajadores y Trabajadoras de IFSA (IFSA Workers? Coalition for Justice). This Coalition gave both groups a legal representation that
was independent from the Sindicato Siete de Enero. The goals were to force the end of the strike and obligate the company to pay severance. When the
Union leaders showed up, workers decided to expel them from their meetings.
January 17, 2003. Mexican president Vicente Fox visited Tijuana and met a number of maquiladora owners? associations. IFSA workers demonstrated on the
president?s tour and forced him to accept a letter where the company was denounced.
February 7, 2003. Baja California Labor Secretary, Rafael Ayala, met with IFSA workers, company? lawyers and union leaders and invited them to
conciliate. He said that IFSA?s conflict could give Tijuana a ?bad image.? The company, however, did not want an agreement.
March 12, 2003. The company accused a group of workers of stealing equipment from the factory. The workers are called to make a statement; they
appeared in the police office together with a group of workers willing to defend them. The accusation was dismissed
March 15, 2003. The president of Sindicato Siete de Enero flew from Mexico City to Tijuana to talk to IFSA?s workers and persuade them to abandon the
Coalition for Justice. The union leader recognized ?some mistakes,? and promised ?from now on? the Sindicato would be a genuine representative of the
workers. In addition, the union made a threat: they would not work to end the strike if the workers did not break off with the Coalition.
Most workers left the Coalition in the following months. A group of ex-supervisors who also were demanding their severance pay convinced the workers
to align with the Sindicato. After about one year, only the group of workers fired on June 6th is still represented by the Coalition
May 26, 2003. Date for the hearing of IFSA vs. workers fired on June 6th, 2002. Celina Tostado, president of the Labor Board again suspended the
hearing, arguing that the company could not be notified because of the strike. A new date was scheduled.
July 19, 2003. IFSA?s workers realized their struggle is older than they imagined. A former worker visited and gave them a copy of an old flyer,
printed in 1974 on a mimeograph: ?100 workers, mostly single mothers, are vilely exploited by the foreign owner of IFSA.?
September 1, 2003. Date for the hearing of IFSA vs. workers fired on June 6th, 2002. This time, Celina Tostado, president of the Labor Board suspended
the activities of the Board and declares that day a holiday. Workers were not notified of the schedule change. This time, the furious workers visited
the labor ombudsman, but they just got his cold answer: ?I can not do anything,? meaning the Board has respected the law.
That same day, a group of people demonstrated in front of the house of IFSA?s owners in San Diego to support the workers? struggle.
October 4, 2003. A bi-national protest was organized. Workers marched on Tijuana streets while a group in solidarity demonstrated in San Diego.
October 24, 2003. Date for the hearing of IFSA vs. workers fired on June 6th, 2002. Celina Tostado, president of the Labor Board suspended again the
hearing arguing that the company could not be notified because of the strike. According to the labor law, the first hearing must take place after 15
days, yet workers had waited 489 days without a hearing. A new hearing was scheduled.
October 28, 2003. Groups of thieves took advantage of the situation and, jumping the walls, stole equipment, clothes and other products from the
factory. Workers protected the factory, but it was impossible for them to guard every corner of the huge property. Some thieves were captured, but the
robbery continued.
November 15, 2003. Noting that most of workers had left the Coalition, the Sindicato?s leadership urged the workers on strike to break with the
workers who still support the Coalition. The first goal was to convince the workers on strike that the external groups who support them in Tijuana and
San Diego must stop attending workers? meetings. Afraid of retaliation by the Sindicato, most workers accepted the Union condition. The solidarity
groups left the movement.
December 3, 2004. Date for the hearing of IFSA vs. workers fired on June 6th, 2002. Finally, the hearing was held, but suspiciously no lawyer attended
the hearing to defend the company. So, the Board was legally bound to resolve in favor of the workers. This hearing came to pass after 528 days!
February 27, 2004. The Labor Board concluded that the company is responsible for the strike and ordered it to either re-start activities in the
factory or pay severance to its workers. The company immediately appealed this decision. This appeal was rejected, but the company complained.
March 1, 2004. The labor board ruled that the workers fired on June 6th had won the legal case against the company, which was ordered to pay severance
plus all lost wages from June 6th, 2002 to March 1, 2004. The company immediately appealed this decision. On April 23, the appeal was rejected, but
the company again appealed.
March 20, 2004. Again the Sindicato's leadership urged the workers on strike to break with the workers who were still supporting the Coalition. This
time, not only the external solidarity groups but also the workers who did not abandon the Coalition were expelled from the meetings of the workers on
strike. After fighting together for fifteen months, the two groups now have to struggle with the company separated one from the other.
October 14, 2004. A Mexicali judge revised the appeal of Industria Fronteriza vs. workers fired on June 6th, 2002, and ordered a Tijuana judge to
restart the lawsuit that workers had already won!
October 29, 2004. A Tijuana judge restarted the lawsuit IFSA vs. workers fired on June 6th, 2002. While the workers attended the hearing, nobody came
to represent the company. The judge was bound to resolve in favor of the workers for the second time.
November 2004. Another group of workers on strike, represented by the union, won their lawsuit and confiscated part of company?s property. The union
said, however, that the confiscated machines cannot being sold until at least two years! The confiscated property should be worth about $ 1.6 millon
dollars.
December 7, 2004. Because of workers pressure to the Tijuana labor board, this day is set up to confiscate the company?s property to pay the severance
of workers fired on June 6th.
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