FROM OUR READERS

In Defense of Toyota

In her article "How Toyota Ran Over Its Filipino Workers" (May 4-10 Issue), Ms. Anna Santander cited many cases of violations the company committed against its rank-and-file union.  She has investigated quite extensively but, unfortunately, she has failed to verify some major facts.

1)       "Summary dismissal" was not the action done by Toyota Motor Philippines (TMP) on March 16.  The infractions committed by the dismissed workers were done on February 22 and 23, almost three weeks before the dismissal.  Their individual cases were investigated by TMP and the company gave enough opportunities for the workers to explain their side regarding the incident; many of them refused to reply to the internal due process forms (DPFs).  TMP even extended the deadline for the submission of their written explanations.  This proves that TMP was not "trigger-happy" in issuing the termination papers.

2)       TMP dismissed NOT 290 workers. Only 227 team members were terminated for acts in violation of the company's Code of Conduct.  The termination was carried out NOT because of their attendance in the DOLE hearings on February 22 and 23, but because they participated in a concerted action that was detrimental to TMP's interest.  This means that all the team members could have collectively stayed at home on those two days, and yet they would still be violating company rules if they did so in unison.  Several reminders on the consequences of their actions were given prior to those two days, but the dismissed workers chose to ignore them.

3)       It is not true that the dismissed workers did not receive their salary on March 23, which was a payday for TMP.  The period covered for that payday was March 1-15.  Since the dismissal was effective March 16, the workers were paid for the entire period, UNLESS they incurred many absences-without-permission (AWOPs), which obviously is a no-work-no-pay situation. Regarding loans being deducted from the salary, that practice has been in effect for many years in TMP, so it should come as no surprise for any employee to see a small net pay after all loans have been deducted.

4)       To say that "the union's 900 rank-and-file workers walked out and paralyzed both plants" is grossly inaccurate.  For one thing, TMPCWA itself claims only 600 plus members and sympathizers.  In addition, less than 400 workers joined the strike.

5)       Although former DOLE Secretary Bienvenido Laguesma recognized TMPCWA "as the sole and exclusive bargaining agent of the Toyota workers," this decision is still NOT final and executory because the law provides a remedy for TMP to appeal his decision.  During the Certificate Elections last March 8, 2000, to determine the workers' acceptance of TMPCWA as the official bargaining agent, there were 1,048 valid votes cast. TMPCWA needed 525 to win, but it clearly did not get the majority with only 503 YES votes, against 440 NO votes, the remaining 105 sealed votes being challenged by TMPCWA.  Up to this date, the opening of those 105 ballots, which is vital to TMPCWA's future as bargaining agent, is still NOT final and executory, as TMP has appealed the DOLE secretary's decision.  As we know in our judiciary, the Supreme Court's decision will be THE final and executory decision.

6)       The strike did not last ONLY for 5 days, but for a total of 9 days, until April 6, Friday.

7)       It is not true that "the company did not implement" the return-to-work order by DOLE starting April 16.  DOLE's order suggested an option to merely implement a payroll-reinstatement scheme, which means that all dismissed workers will receive regular compensation from the company while staying in their respective homes.  This means that TMP, much to its chagrin, followed the order issued by DOLE. It is worth noting that all non-terminated workers, numbering almost 100, who participated in the strike were unconditionally accepted back.  Therefore, your report that "only 30 of the 300 strikers were allowed to return to work that day" is again grossly erroneous.

Ms. Santander's article and other related stories in your webpage pictured TMP as a company who (sic) violated (or ran over, as she put it) workers' rights, while holding the government hostage with threats to pull investments out of the country if labor dispute worsens. At the same time, the workers were pictured as the aggrieved party whose rights have been trampled upon.  A classic case of Samson versus Goliath, if I may compare.  As a TMP employee taking pride in my job for almost a decade, I take offense in such accusations. Such picture is not the true case.  Many of the dismissed workers do not come pristine white and without faults. The exploitation of workers is nothing new in the Philippine labor scene, but I am pretty sure it has not yet reached the shores of TMP.

It is quite obvious the author based her article on evidences (sic) from only the "aggrieved party."  If this is true, then one will surely be prone to distortion of the facts. TMP employs 1,400 team members. In the interest of balanced reporting, I hope the author seeks the truth by getting in touch with the remaining majority of 1,100 employees.

Along with hundreds of team members in TMP, I sympathize with our rank-and-file co-employees who did not get the CBA as early as they would want to.  But that is beside the point.  In my opinion, fighting for one's beliefs while jeopardizing the majority's interests is not justifiable.  I believe TMPCWA was not pushed to the wall before it declared a strike.  All they had to do was wait; wait for the sealed ballots to be opened to determine the legality of their being the sole representative. But I guess patience is not one of their better virtues.

More power to Bulatlat.com as you strive to fight for truth and justice, and seek to shape a strong public consciousness in the process.

Sincerely, 

Jose Caparas

southgreen@pacific.net.ph

 

Ms. Santander replies:

At the time of the disputed article’s writing, the facts stated in it were true according to reports of the Young Christian Workers (YCW), the organization that has been helping the Toyota workers build their union and draft a collective bargaining agreement.

The Toyota management might quibble about some of the details about the strike, but the essential situation is this: over 200 workers (290 as reported in YCW's fact sheet or 227 as claimed by Mr. Caparas) were laid off by Toyota for exercising their basic trade-union rights.  Over 200 families are now without a source of livelihood for asserting their right to form a union and their right to conduct concerted actions.

It took the workers nine years to build their union, nine long years, for the entire duration of which workers could not press for better wages and benefits and improved working conditions by exercising their right to bargain collectively.  When the union was finally formed – and duly recognized by the Secretary of the Department of Labor and Employment "as the sole and exclusive bargaining agent of the Toyota workers" -- management resorted to dilatory tactics by invoking the long, tedious and expensive process of questioning the results of the certification elections and appealing the decision of the DOLE.

Mr. Caparas mentions that there are 105 sealed votes still under dispute.  What he conveniently omits from his detailed account of management's side of the dispute is that these sealed votes were cast by employees with supervisory functions, thus aligning them with management rather than rank-and-file workers.  This is why no less than the DOLE secretary recognized the legitimacy of TMPCWA as bargaining agent. 

Given the long and daunting history of organizing the TMPWCA, it is perfectly understandable why the workers would be vigilant in defending the fruit of this organizing effort.  The attendance of over 200 workers at the DOLE hearings was, in fact, the concrete expression of this vigilance. 

Of course, from management's point of view, this was a gross violation of company rules and regulations -- which were, to begin with, drawn up unilaterally by Toyota management -- and grounds for dismissal.

But stripped of legalese and technicalities, the fact that the workers had formed a union was already, in the eyes of the management, detrimental to Toyota's interests.  That's why Toyota management is prepared to gloss over the rights of its workers in the Philippines, even soliciting the help of the administration (through the Departmetn of Trade and Industry and the new labor secretary) in quelling workers' unrest. 

The management’s tactic is quite obvious – drum up excuses and charges against the workers and their union, say that their activities have proven disruptive to company operations, and thus lay the grounds for the dismissal of the union members. All of this has the effect of dismantling the union. This is what the company had in mind all along.

Like most capitalists, Toyota is ferociously against unions, particularly against unions that are militant in character. Managements always cite company interests -- confounding this with the national interest -- to justify their anti-labor practices.  While their workers bring in profits by the millions through their commitment and hard work, managements still have the gall to accuse workers of economic sabotage when they press for their rights. In the case of Toyota, the workers only wanted their union recognized and to forge a collective bargaining agreement. In response, the company fired them.


We want to know what you think of this article.

Home