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Issue Number 32, October 2009

Kapatiran Issue No. 32, October 2009


THERE’S BLOOD IN YOUR COFFEE!
Auckland Protest In Solidarity With Striking Filipino Nestlé Workers
- Luke Coxon



“We are determined to get justice, even if our fight has caused the murder of our two union presidents, the death of 22 of our co-workers, the forced stopping of our children from school and the forfeiture of our properties", Noel Alemania, union leader.

In June 2008 I spent a day with the striking workers of Nestlé Cabuyao. For more than seven years 600 workers from the Cabuyao factory of Nestlé Philippines have been on strike in order to enforce their right to negotiate their retirement benefits. In 1991, as a result of a previous strike, the Supreme Court of the Philippines ruled that Nestlé management could not exclude the retirement benefits from the collective bargaining agreement (CBA). In 2002 Nestlé workers were forced to go on strike as a result of Nestlé management’s refusal to heed the workers’ demand. In 2006, the Supreme Court again ruled and reaffirmed the validity of its 1991 decision. It explicitly ordered Nestlé management to return to the negotiating table (and by necessary implication to call back its workers) to resume CBA negotiations with the Union of Filipro Employees (UFE), including the issue of retirement benefits.

To date, the company has deliberately and contemptibly flouted the court's orders, just as the Government has deliberately and contemptibly failed to enforce them. The protracted dispute has been marked by militarisation of the factory and the violent dispersal of the workers' picket lines and protests at the factory gate and elsewhere by the police and military, measures that the company has encouraged and with which it has been fully complicit. This repression has directly or indirectly resulted in 23 strike related deaths, including union leader Diosdado "Ka Fort" Fortuna, who was assassinated on his way home from a picket line on September 22, 2005. His predecessor, Union President Meliton Roxas, was assassinated in front of the picket line on January 20, 1989, during the workers' previous strike involving the same issue. To date, not a single perpetrator has been apprehended for these murders, in spite of strong indications that they were the handiwork of the police, military or their agents.

Taking The Message Into Nestlé’s Auckland Office

On March 6th, 2009, Auckland Philippines Solidarity (APS) decided to organise a protest in solidarity with the striking workers and against the actions of Nestlé. We emailed union leader Noel Alemania who was very pleased with our action and informed us that the workers were also holding a rally that same day. A week before the action I went to scope the Nestlé offices in New Market. When we turned up for the protest though I was shocked to find that the office had moved. Lucky they had put the address of the new office on the door so we waited for about 20 minutes and when about 30 people had massed we all headed to the shiny new offices in Carlaw Park. When we arrived we realised the very new impressive building did not have any street frontage, so we decided that we should take our protest inside the building to make sure we got our presence felt.

We entered and marched to the Nestlé foyer, where we displayed our placards, chanted “justice for Nestlé workers” and requested a meeting with management to express our concerns. They were definitely surprised to see us and we were even more surprised when the New Zealand Operations Manager agreed to meet us. I informed him of why we were there and gave him our statement of which he promised to pass on to Nestlé management in the Philippines and Switzerland. We continued our chanting inside the building for about 20 minutes then took the protest outside to the street. The protest action was our contribution to the call for international solidarity to hold Nestlé accountable for the brutal killings and repression of striking workers.

One Of The World’s Five Worst Union Bashers

A few weeks later I was surprised to receive a six page letter in response to our statement from the Nestlé Philippines Human Resources Director, refuting point by point everything raised in our statement. Nestlé had taken our protest very seriously indeed and was obviously very concerned about their brand image. The letter noted: “We also welcome the chance to detail the issues in the spirit if transparency and candid exchange that have consistently marked our interaction with all our publics”.

So in the interest of “transparency” and “candid exchange” we wrote back to let them know that APS would be sending a representative* to Manila to further clarify what the real situation of the striking workers was and that he would want to meet them. Unfortunately Nestlé declined our offer, stating there was no need as the Department of Labor of the Philippines supported the actions of the company. *That representative was Mark Muller, National Distribution Union organiser, who visited the Philippines in May 2009 to participate in the KMU’s annual International Solidarity Affair. See Mark’s report on his visit, elsewhere in this issue. Ed.

While Nestlé products are advertised as “good food, good life”, Nestlé has been named, by the International Labor Rights Forum (
www.laborrights.org ), as one of the five worst companies in the world for violating the rights of its workers. It has also resorted to killing trade unionists in Colombia and seems willing to stop at nothing to prevent militant unionism of its factories It is likely that any further “candid exchange” will have to take place again in the Nestlé offices with placards and loud hailers.

For more information please check out the following:

The Website of the striking workers.
http://www.blood-in-your-coffee.blogspot.com .

The Nestlé workers’ battle for their basic rights has been going on for many years. For instance, see “Nestlé Workers’ Epic Struggle”, by Murray Horton, in Kapatiran 23, November 2003,
http://www.converge.org.nz/psna/Kapatiran/KapNo23/Kap23Art/art100.htm - Ed.


Luke Coxon is spokesperson for Auckland Philippines Solidarity and a PSNA member.


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