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Issue Number 24, August 2004

Kapatiran Issue No. 24, August 2004

NESTLE STRIKE UPDATE

Kapatiran 23, November 2003, detailed the epic struggle by Nestle workers from the gigantic Swiss food transnational's Cabuyao plant in Laguna (southern Luzon). 600 regular workers went on strike in January 2002, over issues arising from their Collective Bargaining Agreement, and have been on strike ever since. The company has replaced them with casual contractual workers, effectively locking out the strikers, and using company goons, cops and the military to violently resist any attempt by the strikers to get back into their workplace.

The union of the striking Nestle workers belongs to the KMU (Kilusang Mayo Uno - May First Movement), with whom PSNA has had a long partnership. We asked the KMU for an update. Here it is, as of July 2004. Ed.


- In April 2004, the Nestle union started sending letters to the Supreme Court. The letters, signed by individual workers and their families, urges the Supreme Court for a speedy resolution of the Nestle issue. The letter also contains the present situation of the families of striking Nestle workers

- May 24 - after a hearing at the Municipal Trial Court (MTC), Nestle workers marched towards the Nestle gate to hold a peaceful protest picket. A commotion happened and a worker was injured after a security guard hit his arms with a steel pipe

- May 28 - the First Division of the Supreme Court asked the two parties (Nestle union and Nestle management) to submit a memorandum within 30 days. The memo should contain facts, issues and arguments on the labour conflict.

- June 23 - 1st anniversary of the violent dispersal of the picketline (see Kapatiran 23 for details. Ed). The workers marched around the communities nearby Nestle and later held a peaceful programme at the Nestle gate

- June 28 - Nestle union filed the required memo; there is no update if the Nestle management has already submitted their memo.

- July 5 - the union submitted a letter to President Gloria Macapagal-Arroyo calling for a speedy resolution of the labour conflict. This is already the 5th letter they have sent to the Philippine President. No response as of yet.

- July 7 - the workers held picket protest at the Supreme Court and Swiss Embassy - follow-up on the position of the National Labor Relations Commission re the Nestle issue; NLRC furnished the union a copy of a letter from the Department of Justice (DOJ) addressed to the NLRC dated April 14, 2004. The DOJ is asking the NLRC why it is not implementing its decision on Nestle. The DOJ letter was a result of Manila Archbishop Rosales' inquiry to DOJ Secretary Mercedita Gutierrez about the Nestle workers plight. When Archbishop Rosales was still a bishop of Lipa, Batangas, he was one of the signatories of a letter submitted to the President supporting the union's struggle.

- July 19 - hearing of 38 criminal cases and ten new individual cases at the Cabuyao Municipal Trial Court (MTC)

- There is an on-going petition signing among the workers to be submitted to the Supreme Court, asking again the highest court of the land for the early resolution of the cases

- Nestle Cabuyao's Line 1 underwent a total shutdown purportedly for upgrading while the two remaining Lines have minimal production. This state is rooted in the shortage of skilled workers who can operate the production lines. There are three production lines in Nestle Cabuyao.

- Magnolia, the ice cream division of Nestle is rumored to be transferring in Cabuyao, Laguna. Magnolia-Nestle also went on strike in 1997 and unfortunately, the long years of strike (more than two years) took its toll on the workers and the union was busted. Meanwhile, the Lipa branch of Nestle, which produces Milo and breakfast cereals, will also be closed down.

- By August 2004, the Cagayan de Oro plant will be shut down for one month and its employees will be deployed in Cabuyao to augment the Cabuyao plant workforce

- The Nestle management is circulating propaganda around the communities in Cabuyao that the management is already offering 1.2m pesos each to the workers as separation pay but that the union is not accepting the offer. Prior to this, the Nestle management has boasted that the union will not get even a single centavo from the company.

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