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The Manufacturas Lajat, S.R.L. de C.V, company located in the industrial zone of Gomez Palacio, Durango, carries out sewing,
laundering, ironing, inspection and finishing operations of its Levis' jeans brand. It has also been producing for Old Navy,
GAP, Polo and Tommy Hilfiger. La Laguna is a region that comprises three cities, Gomez Palacio, Torreon and Lerdo from the
states of Durango and Coahuila. Manufacturas Lajat has been operating for over 12 years with several plants in different
states like Gomez Palacio, Cuencame and Guadalupe Victoria in the state of Durango and Torreon in Coahuila with an approximate
number of employees of 12,000.
Facts: On January 22, Ing. Guillermo Ramirez, manufacturing director of Lajat, and Rosy Mendoza from Human Resources announced
to the workers that the "company will close because of their own needs" and stated the following measures: From
the inspection department, [workers] will be suspended January 24-29 with a base salary payment of 299.90 pesos. Those from
the packaging department will not receive such a payment. The laundry, ironing and packaging departments were transferred
to Torreon (the nearby state) since 17 January.
More than 120 Lajat/Levis workers realized that the company was moving the machinery from Gomez Palacio, Durango to another
plant located more than 10 km away. The morning shift started at 7:00 a.m. and the workers needed to get going by 5:00 a.m.
in order to be on time. The evening shift was from 14:00 p.m. until 2:00 a.m. Because of the lack of transportation at the
end of the shift, it was obvious that the company was trying to pressure the workers into quitting and avoid its employer
responsibilities. At the beginning of the shift the company started to transport workers in pick-up trucks so they could
be on time for work, but at the end of the shift, both morning and evening, they were left on their own [to make it back home].
In June 2004, Lajat/Levis in collusion with the labor authorities closed down one of the plants located in Cd. Cuencame
de Cisneros relocating the plant in Guadalupe Victoria, both towns are in the state of Durango. In view of this, the workers
decided to fight not just for their jobs but also for better working conditions. The workers use chemicals for the stonewashing
process without any protection. Workers earned 350 pesos per week with bonus incentives for punctuality, attendance and production
for a total of 600 pesos. However, if they miss one day for any reason, their wages were reduced because of the absence but
the company reduced their wages based on the 600-peso wage (that a worker COULD earn) and not on the 350-peso minimum wage
(that a worker must earn). If they did not meet the production quota, they also lose their incentives. They were also forced
to work up to 12 hours overtime to meet the production quota without getting paid for that overtime. Three times of tardiness
per week of one minute each would mean a loss of half a day's wages even if the worker's production went accordingly. Christmas
and vacation bonuses were paid with clothes (jeans) produced in the plant. They did not have potable water, enough restrooms
and did not have a lunch room. Workers did not know if they had a union because they did not know who their union representative
was until they found that the company had a protection contract with the Garment Industry Workers Union from the CTM.
ACTIONS BY THE LAJAT WORKERS:
- January 22 - Workers request the support of the Coalition for Justice in the Maquiladoras of La Laguna Region
- That same day, the workers constitute a Coalition of Workers of Manufacturas Lajat with the legal advice and representation
of CJM-La Laguna
- January 23 - workers draft a plan of action
- January 24 - workers go the Conciliation and Arbitration Board to denounce the relocation of the machinery and the president
of the board states that LAJAT did not provide notice to the labor authority so their relocation is against the law. Workers
request an inspection of the plant because the company has already removed more than 10 industrial machines, working tables,
and materials; only finished products remain to be packaged. The workers ask the board to verify the facts through an inspection
in order to have a legal certification of them because the working conditions had been modified.
- Also on January 24, the labor inspector, Jose Luis Juarez Alvarez, carried out the inspection of the plant installations.
Ing. Guillermo Ramirez, company General manager, declared that he asked the workers that if they worked temporarily for two
weeks in Torreon and the company would take them there; if did not want to do that, then the company would pay them 350 pesos
for a week of suspension. The company argued that the move of the machinery was normal and that the company would have a
bus at the workers' disposal to go to work in Torreon without any risks.
- In the evening, after the success of the inspection, workers evaluate their actions and agree to request international
support from the Coalition for Justice in the Maquiladoras and the Campesino, Indigenous, Social and Popular Union Front at
the regional and national levels. They also agree to call for a press conference to make a public denunciation.
- January 25, workers convene a press conference in the offices of CJM-La Laguna with the participation of the president
of the Campesino, Indigenous, Social and Popular Union Front, Francisco Dorantes Monsivais, who gave his support to he LAJAT
workers who publicly denounced the working conditions like being transported like animals in pick-up trucks in very unsafe
conditions; that their working shifts were not being respected particularly at the end of the evening shift because they do
not make it back to the city of Gomez Palacio until 3:00 a.m. and from then, they still need to get home; as well as LAJAT's
intentions of avoiding their employer responsibilities.
- January 26 - the media gives broad coverage to the LAJAT workers situation. Workers also found out that many maquilas
including LAJAT/Levis owed more than 130 million pesos to IMSS and INFONAVIT of the workers contributions. [The company has
to pay the government by law (Federal Labor Law) 5% of the total workers' salaries every two months to cover [the premiums
to the INFONAVIT and IMSS, in addition the company deducts a weekly portion, around 25%, of the salary of those workers who
have credit with the INFONAVIT.] Workers found out that the company has not covered any of the premiums
- January 27 - workers draft their own agreement regarding transportation, working conditions, shifts, safety at work,
suspensions and unjustified firings.
- January 28 - with the legal advice and support of CJM-La Laguna, file the agreement with the CAB and request mediation
to negotiate with the company.
- Monday January 31 - the workers decide to be absent collectively in order to force the company to negotiate the agreement.
The president of the Conciliation and Arbitration Board tells them that the negotiation will take place the following day,
February 1st at noon.
- Tuesday, February 1st, the workers are collectively absent again. Lajat/Levis does not show up at noon arguing that
the CAB did not give them notice. The workers decided to remain at the CAB. At 5:00 p.m., the legal representative of
Lajat, Lic. Ignacio Salcido Esparza and Ing. Guillermo Ramirez Pereda, the company's general manager, arrived at the CAB.
They stated their intentions to end the conflict. After several hours of negotiation and resistance by the company, the
workers finally succeeded in forcing the company to negotiate with them the agreement.
Their first accomplishment was that the company agreed to stay in Gomez Palacio and not move to Torreon. In addition,
the company committed itself to improving working conditions based on the agreement the workers negotiated with the company.
The workers were able to draft this agreement after what they learned in a 4-day workshop they participated in at the CJM-La
Laguna offices.
This is a great Victory, setting a precedent in Gomez Palacio and La Laguna region.
United workers can win. !! SI SE PUEDE !!
However, great challenges are ahead for the workers so that this agreement becomes a reality. For that reason, they have
decided to form their own union so that their agreement can become in effect and that the CTM does not continue to sell their
rights.
LABOR AGREEMENT
Coalition of Workers of Manufacturas Lajat
LOCAL CONCILIATION AND ARBITRATION
In the city of Gomez Palacio, Dgo., being seventeen hours on the first day of February of two thousand five and this board
being legally made up by c. Srio., who authorizes and certifies it, and before c. ing. JOSE LUIS ALVAREZ in his capacity of
Labor Inspector certified by Labor Directorate and Social Welfare, appeared cc. MARIA TERESA MUÑIZ REYES, JESUS MARTINEZ MUÑIZ,
MARGARITA ALBA GARCIA, JESUS GARCIA MORALES, HORTENSIA CONTRERAS RODRIGUEZ, EDWBIJES TORREZ CARO, MONICA FABIOLA COBOS AGUILAR,
LOURDES VERONICA AGUAYO PACHECO, HECTOR RAUL CHAVEZ ALEMAN, IGNACIA PATRICIA ARANDA RUIZ, REYES EDELMIRA RODRIGUEZ HERNANDEZ,
ESTANISLAO RODRIGUEZ, PABLO VALENZUELA SANCHEZ, JORGE MARIO VAZQUEZ SOSA, JORGE LUIS HERRERA PEREZ, MARIA DEL PILAR GALVAN
HERNANDEZ, MARISELA AGÜERO ARREOLA, ELBA CRISTINA GARCIA ROCH Y ALICIA CARLOS GONZALEZ, who declare their representatives
to be cc. JESUS GARCIA MORALES, AMALIA PALOMINO CHAIREZ and MARIA TERESA MUÑIZ REYES and being workers from the company named
"MANUFACTURAS LAJAT" S. DE R.L. DE C.V., and who come in with the assistance of c. lic. JUAN VAZQUEZ PEREZ and FERNANDO
LOPEZ OROPEZA, and for the other party representing the abovementioned company c. Lic. IGNACIO SALCIDO ESPARZA and c. Ing.
GUILLERMO RAMIREZ PEREDA, the former as Legal Representative and the latter as General Manager of the Gomez Palacio Plant,
both [legal] personalities recognized each other for the legal purposes of this appearance.-------------------------------
And who stated that the reason for this appearance before this Local Conciliation and Arbitration Board was to aim at
solving different situations that have presented themselves in the course of their labor activities inside the company MANUFACTURAS
LAJAT S. DE R. L. DE C.V., located at Lazaro Cardenas and Calle Guanacevi No. 265 of the Industrial Park of this City and
each and every one of the workers came in and declared [their statements] before their employer representative, and once all
the points had been presented by the workers, both parties came to the following agreements: -------
FIRST.- HOURS OF WORK: A) MORNING SHIFT.- from 0700 to 1500 hours, with thirty minutes to have lunch within their hours
of work, from Monday to Saturday and a day-off on Sunday.- B).- MIXED HOURS: from 1500 hours to 2300 from Monday to Friday
with half an hour for lunch within their hours of work and Saturdays from 1500 to 2000 hours, with a day-off on Sunday.-
It is clarified that the abovementioned working hours correspond to the inspecting and packaging areas. ---------------------------------------
SECOND.- In reference to the workers wages, it will be $350.00 pesos as the basic wage per week plus a production bonus
over 300 daily items.---------------------------------------
THIRD.- REWARD FOR PUNCTUALITY AND ATTENDANCE.- rewards will be given for punctuality and attendance which do not have
to do with the production itself; the punctuality rewards will be lost for a worker's tardiness and the one for attendance
[will be lost] after one absence, clarifying that the attendance [reward] will [also] be lost after 4 tardiness. --------------------------------------------------------------------------------------
FOURTH.- The period of January 24 to 29, 2005 will be covered with the amount of $350 pesos to each [worker] to be paid
on Friday February 4 of this year inside the company. [Workers were suspended that week] --------------------------------------------------
FIFTH.- if there was no production and the company considered resting the workers, the company will pay each one of them
the amount of $350 pesos per week; payment could be made proportional to the days not worked.-----------------------------------------------------
SIXTH.- if the company needed to change the established working hours, a prior agreement will be made with the workers
about the excess in production and the overtime as well as the manner of their payment. -----------------------------------------------------------
SEVENTH.- If a worker were to be absent from work from one or more days, a proportional deduction will be made in terms
of bonus production. ---------------------------
EIGTH.- safety equipment will be provided to those workers who require it; the operations which generate chemical emanations
with concentrations higher to those established under the official Mexican regulation, will be carried out either outside
or in places with enough ventilation. ---------------------------------------------------------------------
NINTH.- admonition letters (write-ups) could be written out for mere administrative control and will be included in a
worker's file in obvious cases and when necessary, the person will be relocated to other areas without affecting his/her wages.
But at any case could be used to suspend the workers - - - - - - - - - - - -------------------------------------------
TENTH.- Article 153 of the Labor Code regarding issues of instruction and training, will be complied with and will include
the Health and Safety Joint Commission, formulating programs and issuing the labor training certificates as established in
that chapter.-----------
ELEVENTH.- the company commits itself to comply with official Mexican regulations regarding safety and first aid for workers;
the professionals in this department will satisfy the needs of the official Mexican regulation as well as the equipment and
ability to provide first aid. ---------------------------------------------------------------------------------------
TWELFTH.- POTABLE WATER.- being this a human right and a principle of hygiene at work, the company will commit itself
to provide potable or purified water and the Labor Authority will have the right to periodically request the tests that guarantee
that is it potable. ----------------------------------------------------------------------------------------------
THIRTEENTH.- According to the Official Mexican Regulation, the company commits to maintain the sanitary services for Men
and Women in the recommended proportions. Both parties commit themselves for the up-keep and good use of these installations.
The company will carry out the necessary disinfections in the most needed periods. ------------
FOURTEENTH.- The company commits itself to maintaining the lunch room in good working condition.
FIFTEENTH.- Holidays will be respected. ------------------------------------------------------
SIXTEENTH.- Regarding the INFONAVIT, the company commits itself to be up-to-date with the workers contributions and the
Mexican Institute of Social Security within a period of six months. [Workers found out that the company has not covered
any of the premiums]---------------------------------- - - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - -
SEVENTEENTH.- The Inspection and Packaging personnel will not be relocated to Torreon, Coahuila under any circumstances.
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EIGHTEENTH.- For the days the workers appearing herein did not work, January 31 and February 1, the company commits itself
to pay them one day, and this will not affect their punctuality and attendance rewards so long as they do not miss any days
afterwards.
NINETEENTH.- The workers appearing herein as a COALITION in file number 1/107/2005, AS WELL AS THE LEGAL REPRESENTATIVES
named through the assembly and their representatives mentioned in.....
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