In early May the company several Lifeguard, owner of the Castillo Brothers Corporation, were dismissed after forming a union, SITRAPETEN. The process of formalizing the union began in February 2007 but, according to workers, the labor ministry had rejected the request to form the group. As a result, it was not until earlier this year obtained the registration in the institution. Throughout these procedures, workers were pressured to abandon their union activities and eventually dismissed in May this year. In protest at the dismissal, the group of 41 members set up camp in front of the premises of the company in an attempt to bring to spotlight the situation and demand his reinstatement. ACOGUATE has been accompanying the group since May of this year.
The dismissal of workers Peten Lifeguard distribution was only part of a series of events that accompanied the long process of unionization. The working group made the first attempt SITRAPETEN register with the Ministry of Labour in February 2007 with the purpose of establishing a stronger position in negotiations with the company, the Castillo Brothers Corporation, and require an improvement in working conditions, as noted by one worker, were very difficult:
"The need to organize arose due to ill-treatment they had here, that apart from exaggerated assessments require us [...] we needed a little more than salary, because practically, we were working double or sometimes triple duty. [...] Also had no job stability because they always came to us saying that comply with the quotas because otherwise, however, we would be fired and had thousands of applications for university and we had no studio. "
But the first application form as well as five further attempts were rejected by the Ministry of Labour, on the grounds that the information was incorrect. According to workers, the dilatory attitude of the Ministry of Labour was clearly linked to the pressures that the company was exercising. SITRAPETEN processing was accompanied by continued pressure on workers and their families by representatives of the company telling them to abandon their union activities. "We have received different bullying ... as well as death threats, saying they have enough to hire bad people and enough money even to pay fines and go blameless."
Several sources said that the Corporation Castillo already used these tactics to fight unions in their companies at different times in the past. These include death threats against union leaders, pressure on affiliates to resign and bribery of union leaders. Thus, the corporation succeeded in weakening and destroying several unions, including the Brewery Workers' Union Central.
Thus in the case of SITRAPETEN in February 2007 when the company realized the paperwork started organizing the group, fired 13 of its members. After of a strike by other workers in support of sacked colleagues, the company agreed to reintegrate. However, at the same time started a lawsuit against the workers, who finished with a fine equivalent to 13 pay.
Later, the workers followed the procedures for registration of the union and earlier this year reported that approval had been successful. But events took a new turn in early May, when, just days after the international day of work, the company invited workers to a training course workshop to be held in different locations. Once assembled the different groups representing the company informed the workers that they should forgo Distribuidora Peten, as this was broken and that they would be transferred to other companies.
However, some workers do not agree. Left the meeting on the grounds that the company's action was illegal, violating their rights, and that did not follow the legal procedures of bankruptcy. For some, only managed to leave the meeting after calling the police because security personnel prevented the company was trying to force its output to sign his resignation letter.
Unhappy with the actions outlined by the company, workers moved to the facilities located in Zapote of the capital city and blocked the main gate to prevent the company removed the property and trucks. During the morning, there were members of private security workers surrounded, attacked with sticks and pipes and threatening them with weapons. Several workers were attacked while a group of ten workers had joined the force in the company's premises by security officers where they kept detained until midnight of that day. At this time riot police arrived, which together with the elements of private security workers evacuated.
The day after this eviction, the workers who were laid off set up camp in front of the premises of the company performing his dismissal as a result of the formation of the union and as a strategy Castillo Brothers Corporation to prevent the formation of unions in their company. The first table of dialogue so far were unsuccessful. The company denied the violation of labor rights but not workers gave up their demands, his immediate reinstatement and its right to union organizing. Several workers commented that the company is using delaying tactics to prolong the process and demoralize the group. As there were offers of money and phone calls pressing several members of SITRAPETEN to renounce the union and its demands.
In order to bring to light the situation of rape and intimidation that are suffering, they organized a march on July 18 that also serves to draw international attention and raise awareness of the difficulties that unions face in the country. "I've always said that this is not a hit single for us, but a blow for unionism in general because everywhere they suffer various threats to unionization." A report by the Unit Defenders Human Rights, says this view because it indicates that unions in Guatemala have been the most threatened group of defenders and attacked in the first half of 2008.
.................................. Written by ACOGUATE
Photos by ACOGUATE
References:
1) of 07.07.2008 Interview with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN.
2) Reynolds, Louisa (2008): Unions seek to sue the state for half of DR-CAFTA, Inforpress edition 1753, 05/23/2008.
3) of 07.07.2008 Interview with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN.
4) Reynolds, Louisa (2008): Unions seek to sue the state for half of DR-CAFTA, Inforpress edition 1753, 05/23/2008.
5) Unit Protection of Defenders of Human Rights: Preliminary Report on Status of Defenores Defenders and Human Rights, January-June 2008.
6) A member of the group was shot dead when he was in front of a shop near his home. Three other people, not known to the member, died in the attack. Some sources link the attack to its activity in SITRAPETEN.
7) of 07.07.2008 Interview with Edwin Enrique Alvarez Guevara, general secretary of SITRAPETEN.
................................................ ........... INTERVIEW WITH ALVAREZ
GUEVARA - SECRETARY GENERAL OF SITRAPETEN
Edwin Enrique Alvarez Guevara is Secretary General of the Union Workers' Distributor of the Peten (SITRAPETEN) composed of workers from the pure water distribution in Guatemala's largest, Water Lifeguard. After his dismissal, linking their activities to organize a union, members of SITRAPETEN set up camp in front of Lifeguard facilities, an integrated company in the Castillo Brothers Corporation. Forty-one of the former employees are currently participating in the camp since May 3, 2008 fighting for his reinstatement. Besides requiring members to raise the amount of money received by jug sold and to give more than just a daily fee. ACOGUATE has been accompanying since late May SITRAPETEN 2008.
What were working conditions before they began to organize you?
The working conditions were provided by commission, the only thing is that they [the company] required a rather exaggerated sales volume for one will generate more profits for themselves because for us there is little we earn commission. But they generate a jug barbara amount of gain. So that's why he was forced to meet a quota exaggerated.
How many people in total were working on the Lifeguard here?
Overall, here in Guatemala, had 638 people working.
Why was the need to organize?
organize The need arose because of the abuse they had here .... there were times when we were already late, and did not meet the quota as we returned to the fulfilled ... and did not sell anything and just came again quite late here, but when was the night. We also needed a little extra income ... virtually, we were working double or sometimes triple duty. So they did not react to the situation and that was why the organization was.
do these 638 workers, many are being organized with you?
At first, were 114 workers who organized ourselves, after the committee was 13 ... But the company coerced many workers, giving them money. Then, got the resignations of the majority of workers staying well with 19. Of that, they got six stationery to the Labour Inspectorate and Ministry of Labour's reaction was to hope that the company submit the withdrawals .... It put people under the Ministry of Labour [with] the company to do time, for [that] they managed to scare people ... I made a series of threats. At the end, people ended up quitting the union, a famous withdrawal.
What kinds of threats made?
made several threats. They said that if they remained in the union, would not get a job ... that the union was never going to perform.
What you want to achieve with the organization?
What was intended to achieve the organization is that both the employer and the employee profit sharing. It is logical that the employer always has to win more, but at least that the worker is paid just enough "is something that here in this company was not given. So what we want is to achieve employment stability, which we did not have job stability because we always came saying that comply with the quotas because if not, anyway, we would be fired and had thousands of applications for university and not to us that we did not study.
Describe the process of organizing their union.
The process began one day February 4, 2007. With 13 partners decided to assemble the collective, with a committee ADOP. So we signed the minutes on Day 4. On 9 sat before the inspection work. Labour inspection report reacted with sending them the same day. And they reacted to lay off 13 workers.
... We did not sign any documents to them and began to explain to [other employees] than we do what we did was assemble a committee to ensure all workers and because of that, people - and not reinstalling us and we put the complaints in court - people decided three days later, a Tuesday Feb. 13, to paralyze work. So they [the managers of the company], and doing as 6 pm, they said yes we would be reinstalled. But after the agreement was signed and where we were going to reinstate the 13 workers. After that, they opted to get us a trial where we said had paralyzed the work and they had a loss of 400 000 quetzales for the day and we had to pay it because we were guilty of that.
also threatened to kill us. Then, by telephone and verbally told us and some supervisors that the company is powerful enough to recruit and send assassins to kill us. Then, to desist from the organization because it was never going to perform.
What was the process of legalizing the union of you?
The process of legalizing the union was very slow because as they themselves told us they had money to buy all the authorities of Guatemala. Then, it is believed that the authorities in the Ministry of Labour accepted because they made enough money delaying the stationers, expecting them to take the withdrawals
What was / is the company's response?
the company's response was always negative, that none of their companies, which are many, will see union, they say that no organization will achieve none of their business, then, to desist from that.
What actions have you taken?
Actions have been taken under the law, but unfortunately, the laws in Guatemala are fairly low in this sense that are influenced by the rich. Right now what we're doing is a strike to hurt them politically because they too are captured because they are sources of jobs in Guatemala and they are the best patterns, and that pay well, that's not true. What
intimidation, threats or attacks have received? We have received different
bullying ... as well as death threats, saying they have enough to hire bad people and enough money even to pay fines and go blameless. On the other hand, and actions strongly because it is suspected that a partner who is in hospital was attacked by them, almost - by the assassins of them ... Ministerio Publico (MP) as the authorities of Guatemala, have given no decision on the case ... you got the relevant complaints and have not provided any resolution.
Who do you think or who committed these attacks?
I think they are part of the assassins that they too have it as they have said is because people are "prepared to attack. In fact, they were calling us the day before they closed the company. We were calling me over the phone and made a lot of threats, saying that if I did not desist from this, would suffer me and my family.
I've always said that this is not a hit single for us, but a blow to global trade unionism because everywhere they suffer various threats to unionize. The fight is pretty hard because both of us here for lunch sometimes and sometimes we do not have. In our family we have not been able to take even a bite.
................................... Interview by ACOGUATE
Photos: ACOGUATE
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