Communist
10th January 2010, 03:01
======================================
Mexican Electrical Workers Change Strategy in Face of
Government Intransigence (https://nacla.org/node/6334)
By Dan La Botz
North American Congress on Latin America (NACLA (https://nacla.org/)) (http://en.wikipedia.org/wiki/North_American_Congress_on_Latin_America)
December 31, 2009
The Mexican Electrical Workers Union (SME) celebrated
its 95th anniversary on December 14 with cultural
events and pledges to continue to fight for the jobs of
its members. But now, two months since President Felipe
Calderon's liquidation of the state-owned Central Light
and Power Company (Luz y Fuerza del Centro (http://www.lfc.gob.mx/)), seizure of
the facilities, and firing of the 44,000 workers, and
faced with the government's intransigence, the union
has been forced to change its strategy.
While previously demanding the that the liquidation of
the company be halted and that all workers returned to
their jobs, the union now seeks mediation and
negotiation with the government, asking that the
Federal Electrical Commission (http://en.wikipedia.org/wiki/Comisi%C3%B3n_Federal_de_Electricidad) (CFE (http://www.cfe.gob.mx/Paginas/Home.aspx)), the state-owned
successor company to Luz y Fuerza, hire 20,000 workers
who have not accepted their termination and severance
pay.
The latest blow against the union was the ruling on
December 11 by Federal Judge Guillermina CoutiA±o Mata,
which denied the Mexican Electrical Workers Union's
petition for an injunction (amparo) to stop the
liquidation of Luz y Fuerza. The judge declared that
President Felipe Calderon had acted in accordance with
the law when he liquidated the company because of what
he said was its inefficiency and high cost, because in
doing so he was putting the collective economic
interests of all Mexicans ahead of the individual
interests of the employees.
Both parties have ten days to appeal the judge's
ruling, and the union plans to appeal to the next
level, a tribunal where the case will be heard by a
panel of judges. Union attorney Nestor de Buen says
that from there the case will go to the Mexican Supreme
Court where he believes the matter will likely be
decided. Judge Coutino Mata did not rule on claims that
the government had violated some labor laws, saying
that those complaints would be heard by the proper
authority, which is the Federal Labor Board (JFCA (http://www.stps.gob.mx/07_justicia_lab/01_jfca/jfcainternet/index.htm)).
Union leader Martin Esparza told workers that despite
the ruling the SME would continue to engage in powerful
peaceful actions. "We remain firm," said Esparza. "We
are a peaceful citizens' movement with great power,
with clear demands, and with ingenuity. We will
continue with our national and our international
alliances."
The SME has been strongly supported by several Mexican
unions as well as by other unions from around the
world. Last week a delegation of U.S. and Canadian
labor union leaders visited Mexico to show their
solidarity with fired electrical workers of Luz y
Fuerza and to tell Mexican President Felipe Calderon it
was not too late to negotiate a just resolution to this
crisis. The delegation was led by Hassan Yussef,
secretary treasurer of the Canadian Labor Confederation
(CLC (http://www.canadianlabour.ca/international-solidarity/acilla-program)), and by Stanley Gacek, associate director of the
International Department (http://www.aflcio.org/aboutus/thisistheaflcio/howworks.cfm) of the AFL-CIO (http://www.aflcio.org/). The group
included the Canadian Union of Public Employees (http://cupe.ca/) (CUPE),
the Communications, Energy and Paperworkers Union (CEP)
of Canada (http://www.cep.ca/index_e.html), the United Steel Workers (http://www.usw.org/) (USW), which
represents workers in both the Canada and the United
States, and the Utility Workers Union (http://www.uwua.net/) and the
independent United Electrical Workers Union (http://www.ranknfile-ue.org/uewho.html), which
represent U.S. workers.
The U.S.-Canadian trade union delegation expressed its
solidarity with the SME members and their families and
criticized the Mexican government for violating its own
constitution and laws, for violating the North American
Free Trade Agreement (http://en.wikipedia.org/wiki/North_American_Free_Trade_Agreement) (NAFTA (http://www.nafta-sec-alena.org/)), for failing to live up to
the standards of the International Labor Organization
(http://en.wikipedia.org/wiki/International_Labour_Organization) (ILO (http://www.ilo.org/global/lang--en/index.htm)), as well as for human rights violations.
Upon the return of the delegation, USW President Leo
Gerard (http://www.usw.org/our_union/international_executive_board?id=0001) sent a letter to the Mexican ambassador to the
United States in which he states: "After this fact-
finding mission, the USW is more convinced than ever
that the Mexican government has acted outside the
bounds of the Mexican Constitution (http://en.wikipedia.org/wiki/Constitution_of_Mexico) and Labor Laws (http://www.blueroadrunner.com/laborlaws.htm) as
well as ILO Convention 87 (http://www.ilo.org/ilolex/cgi-lex/convde.pl?C087) in carrying out the
unilateral action of liquidating LyF [Luz y Fuerza];
firing all 44,000 employees of LyF; and effectively
dissolving the SME union by this mass firing, by the
interference in the SME internal elections and by the
freezing of SME assets." The delegation's report and
recommendations are expected later this week.
Meanwhile, the United Electrical Workers (UE),
Grassroots Global Justice (http://www.ggjalliance.org/), and other organizations
continue to promote the email campaign and to encourage
the personal delivery of letters to Mexican consulates.
As we go to press we are aware of visits to consulates
in Los Angeles, Portland, Chicago and Boston. While
international labor solidarity raises the morale of
Mexican workers, it has not yet been able to move the
Mexican government.(For information about sending an
email or delivering a letter to the Mexican consulate,
click here.)
The Mexican Electrical Workers Union and its members
certainly face a darkening horizon. Time alone has
taken its toll. After two months, the government's
liquidation of the company appears to be a fait
accompli. The Federal Electrical Commission and its
loyal Sole Union of Electrical Workers (http://www.suterm.org.mx/) (SUTERM),
supported by hundreds of military electricians, moved
in, took over the facilities and have successfully
operated them now for two months, providing electricity
to Mexico City and several surrounding states with only
some occasional blackouts in limited areas. Some 62% of
the 44,000 workers have accepted their terminations and
severance pay and gone on to seek other jobs.
Although the union won an injunction in its case
challenging the decree liquidating the company, that
was recently overturned, and the union's legal and
political strategy has been unsuccessful: the case
filed by the Mexico City legislature was thrown out by
the Supreme Court for lack of standing and the union's
attempt to get the Mexican legislature to challenge the
president's action as unconstitutional lacked
sufficient support to move forward.
While the union has led impressive mass demonstration
and work stoppages, with the holiday season now
underway, it is unlikely that it will be able to carry
out another mass action until the Christmas season ends
on Three Kings Day, January 6.
Finally, as if all of that were not enough, the Mexican
Labor Board (http://www.stps.gob.mx/07_justicia_lab/01_jfca/jfcainternet/index.htm) (JFCA) declared on December 2 that Martin
Esparza was not the general secretary of the union
because his election has been fraudulent. Esparza has
called for new union elections without the
participation of the 62% of the workers who have
accepted their severance pay.
While in the courts and in the legislature the SME
continues to call for a reversal of the government's
decision to liquidate the company, its new practical
bargaining position represents a strategic retreat. The
union now seeks to represent only 20,000 of the total
of 44,000 former Light and Power workers and it does
not seek to return them to their old jobs, but rather
find them a place with the new employer, the Federal
Electrical Commission. At the same time, it argues that
the SME should represent those workers in their
dealings with the new employer. While the Mexican
Supreme Court has ruled that more than one union may
legally represent workers within a single bargaining
unit, that demand will surely be opposed by both the
rival SUTERM, which now represents all workers in that
company and the Mexican government.
The SME is seeking to have a group of "notables," that
is, of prominent public persons, mediate in talks with
the Mexican government. The notables are Jose Narro,
rector of the National Autonomous University of Mexico (http://en.wikipedia.org/wiki/National_Autonomous_University_of_Mexico)
(UNAM (http://www.unam.mx/)); Enrique Villa, director of Mexican Polytechnic
Institute (http://en.wikipedia.org/wiki/National_Polytechnic_Institute); together with leaders of two of country's
major political parties, Carlos Navarrete of the Party
of the Democratic Revolution (http://en.wikipedia.org/wiki/Party_of_the_Democratic_Revolution) (PRD (http://www.prd.org.mx/portal/)) and Gustavo Madero
of the National Action Party (http://en.wikipedia.org/wiki/National_Action_Party_%28Mexico%29) (PAN (http://www.pan.org.mx/)). That group met with
union leaders Martin Esparza and Humbero Montes de Oca
to hear their proposal. Secretary of Labor Javier
Lozano Alarcon (http://en.wikipedia.org/wiki/Javier_Lozano_Alarc%C3%B3n) has said that in any meeting with the
notables the government would not discuss any proposal
to reverse the liquidation of the Light and Power
Company. So far, the parties have not agreed to
mediation, nor have the notables agreed to mediate.
As part of its turn to mediation, the SME ended the
hunger strike being carried out by ten women and five
men in front of the Federal Electrical Commission on
December 9. The 15 hunger strikers had taken water,
honey and saline solution for 17 days in protest of the
government actions. The union said, however, that while
it was ending the hunger strike it was not ending its
sit-in there.
__________________
Dan La Botz is a Cincinnati-based teacher, writer and
activist. He edits Mexican Labor News and Analysis (http://www.ueinternational.org./Mexico_info/mlna.php), a
monthly collaboration of the Mexico City-based
Authentic Labor Front (http://en.wikipedia.org/wiki/Authentic_Labor_Front) (FAT (http://www.ueinternational.org/SolidarityWork/fat.html)), the Pittsburgh-based
United Electrical Workers (UE (http://www.ueunion.org/index.html)), and the Resource Center
of the Americas (http://www.americas.org/).
_____________________________________________
Portside aims to provide material of interest
to people on the left that will help them to
interpret the world and to change it.
Mexican Electrical Workers Change Strategy in Face of
Government Intransigence (https://nacla.org/node/6334)
By Dan La Botz
North American Congress on Latin America (NACLA (https://nacla.org/)) (http://en.wikipedia.org/wiki/North_American_Congress_on_Latin_America)
December 31, 2009
The Mexican Electrical Workers Union (SME) celebrated
its 95th anniversary on December 14 with cultural
events and pledges to continue to fight for the jobs of
its members. But now, two months since President Felipe
Calderon's liquidation of the state-owned Central Light
and Power Company (Luz y Fuerza del Centro (http://www.lfc.gob.mx/)), seizure of
the facilities, and firing of the 44,000 workers, and
faced with the government's intransigence, the union
has been forced to change its strategy.
While previously demanding the that the liquidation of
the company be halted and that all workers returned to
their jobs, the union now seeks mediation and
negotiation with the government, asking that the
Federal Electrical Commission (http://en.wikipedia.org/wiki/Comisi%C3%B3n_Federal_de_Electricidad) (CFE (http://www.cfe.gob.mx/Paginas/Home.aspx)), the state-owned
successor company to Luz y Fuerza, hire 20,000 workers
who have not accepted their termination and severance
pay.
The latest blow against the union was the ruling on
December 11 by Federal Judge Guillermina CoutiA±o Mata,
which denied the Mexican Electrical Workers Union's
petition for an injunction (amparo) to stop the
liquidation of Luz y Fuerza. The judge declared that
President Felipe Calderon had acted in accordance with
the law when he liquidated the company because of what
he said was its inefficiency and high cost, because in
doing so he was putting the collective economic
interests of all Mexicans ahead of the individual
interests of the employees.
Both parties have ten days to appeal the judge's
ruling, and the union plans to appeal to the next
level, a tribunal where the case will be heard by a
panel of judges. Union attorney Nestor de Buen says
that from there the case will go to the Mexican Supreme
Court where he believes the matter will likely be
decided. Judge Coutino Mata did not rule on claims that
the government had violated some labor laws, saying
that those complaints would be heard by the proper
authority, which is the Federal Labor Board (JFCA (http://www.stps.gob.mx/07_justicia_lab/01_jfca/jfcainternet/index.htm)).
Union leader Martin Esparza told workers that despite
the ruling the SME would continue to engage in powerful
peaceful actions. "We remain firm," said Esparza. "We
are a peaceful citizens' movement with great power,
with clear demands, and with ingenuity. We will
continue with our national and our international
alliances."
The SME has been strongly supported by several Mexican
unions as well as by other unions from around the
world. Last week a delegation of U.S. and Canadian
labor union leaders visited Mexico to show their
solidarity with fired electrical workers of Luz y
Fuerza and to tell Mexican President Felipe Calderon it
was not too late to negotiate a just resolution to this
crisis. The delegation was led by Hassan Yussef,
secretary treasurer of the Canadian Labor Confederation
(CLC (http://www.canadianlabour.ca/international-solidarity/acilla-program)), and by Stanley Gacek, associate director of the
International Department (http://www.aflcio.org/aboutus/thisistheaflcio/howworks.cfm) of the AFL-CIO (http://www.aflcio.org/). The group
included the Canadian Union of Public Employees (http://cupe.ca/) (CUPE),
the Communications, Energy and Paperworkers Union (CEP)
of Canada (http://www.cep.ca/index_e.html), the United Steel Workers (http://www.usw.org/) (USW), which
represents workers in both the Canada and the United
States, and the Utility Workers Union (http://www.uwua.net/) and the
independent United Electrical Workers Union (http://www.ranknfile-ue.org/uewho.html), which
represent U.S. workers.
The U.S.-Canadian trade union delegation expressed its
solidarity with the SME members and their families and
criticized the Mexican government for violating its own
constitution and laws, for violating the North American
Free Trade Agreement (http://en.wikipedia.org/wiki/North_American_Free_Trade_Agreement) (NAFTA (http://www.nafta-sec-alena.org/)), for failing to live up to
the standards of the International Labor Organization
(http://en.wikipedia.org/wiki/International_Labour_Organization) (ILO (http://www.ilo.org/global/lang--en/index.htm)), as well as for human rights violations.
Upon the return of the delegation, USW President Leo
Gerard (http://www.usw.org/our_union/international_executive_board?id=0001) sent a letter to the Mexican ambassador to the
United States in which he states: "After this fact-
finding mission, the USW is more convinced than ever
that the Mexican government has acted outside the
bounds of the Mexican Constitution (http://en.wikipedia.org/wiki/Constitution_of_Mexico) and Labor Laws (http://www.blueroadrunner.com/laborlaws.htm) as
well as ILO Convention 87 (http://www.ilo.org/ilolex/cgi-lex/convde.pl?C087) in carrying out the
unilateral action of liquidating LyF [Luz y Fuerza];
firing all 44,000 employees of LyF; and effectively
dissolving the SME union by this mass firing, by the
interference in the SME internal elections and by the
freezing of SME assets." The delegation's report and
recommendations are expected later this week.
Meanwhile, the United Electrical Workers (UE),
Grassroots Global Justice (http://www.ggjalliance.org/), and other organizations
continue to promote the email campaign and to encourage
the personal delivery of letters to Mexican consulates.
As we go to press we are aware of visits to consulates
in Los Angeles, Portland, Chicago and Boston. While
international labor solidarity raises the morale of
Mexican workers, it has not yet been able to move the
Mexican government.(For information about sending an
email or delivering a letter to the Mexican consulate,
click here.)
The Mexican Electrical Workers Union and its members
certainly face a darkening horizon. Time alone has
taken its toll. After two months, the government's
liquidation of the company appears to be a fait
accompli. The Federal Electrical Commission and its
loyal Sole Union of Electrical Workers (http://www.suterm.org.mx/) (SUTERM),
supported by hundreds of military electricians, moved
in, took over the facilities and have successfully
operated them now for two months, providing electricity
to Mexico City and several surrounding states with only
some occasional blackouts in limited areas. Some 62% of
the 44,000 workers have accepted their terminations and
severance pay and gone on to seek other jobs.
Although the union won an injunction in its case
challenging the decree liquidating the company, that
was recently overturned, and the union's legal and
political strategy has been unsuccessful: the case
filed by the Mexico City legislature was thrown out by
the Supreme Court for lack of standing and the union's
attempt to get the Mexican legislature to challenge the
president's action as unconstitutional lacked
sufficient support to move forward.
While the union has led impressive mass demonstration
and work stoppages, with the holiday season now
underway, it is unlikely that it will be able to carry
out another mass action until the Christmas season ends
on Three Kings Day, January 6.
Finally, as if all of that were not enough, the Mexican
Labor Board (http://www.stps.gob.mx/07_justicia_lab/01_jfca/jfcainternet/index.htm) (JFCA) declared on December 2 that Martin
Esparza was not the general secretary of the union
because his election has been fraudulent. Esparza has
called for new union elections without the
participation of the 62% of the workers who have
accepted their severance pay.
While in the courts and in the legislature the SME
continues to call for a reversal of the government's
decision to liquidate the company, its new practical
bargaining position represents a strategic retreat. The
union now seeks to represent only 20,000 of the total
of 44,000 former Light and Power workers and it does
not seek to return them to their old jobs, but rather
find them a place with the new employer, the Federal
Electrical Commission. At the same time, it argues that
the SME should represent those workers in their
dealings with the new employer. While the Mexican
Supreme Court has ruled that more than one union may
legally represent workers within a single bargaining
unit, that demand will surely be opposed by both the
rival SUTERM, which now represents all workers in that
company and the Mexican government.
The SME is seeking to have a group of "notables," that
is, of prominent public persons, mediate in talks with
the Mexican government. The notables are Jose Narro,
rector of the National Autonomous University of Mexico (http://en.wikipedia.org/wiki/National_Autonomous_University_of_Mexico)
(UNAM (http://www.unam.mx/)); Enrique Villa, director of Mexican Polytechnic
Institute (http://en.wikipedia.org/wiki/National_Polytechnic_Institute); together with leaders of two of country's
major political parties, Carlos Navarrete of the Party
of the Democratic Revolution (http://en.wikipedia.org/wiki/Party_of_the_Democratic_Revolution) (PRD (http://www.prd.org.mx/portal/)) and Gustavo Madero
of the National Action Party (http://en.wikipedia.org/wiki/National_Action_Party_%28Mexico%29) (PAN (http://www.pan.org.mx/)). That group met with
union leaders Martin Esparza and Humbero Montes de Oca
to hear their proposal. Secretary of Labor Javier
Lozano Alarcon (http://en.wikipedia.org/wiki/Javier_Lozano_Alarc%C3%B3n) has said that in any meeting with the
notables the government would not discuss any proposal
to reverse the liquidation of the Light and Power
Company. So far, the parties have not agreed to
mediation, nor have the notables agreed to mediate.
As part of its turn to mediation, the SME ended the
hunger strike being carried out by ten women and five
men in front of the Federal Electrical Commission on
December 9. The 15 hunger strikers had taken water,
honey and saline solution for 17 days in protest of the
government actions. The union said, however, that while
it was ending the hunger strike it was not ending its
sit-in there.
__________________
Dan La Botz is a Cincinnati-based teacher, writer and
activist. He edits Mexican Labor News and Analysis (http://www.ueinternational.org./Mexico_info/mlna.php), a
monthly collaboration of the Mexico City-based
Authentic Labor Front (http://en.wikipedia.org/wiki/Authentic_Labor_Front) (FAT (http://www.ueinternational.org/SolidarityWork/fat.html)), the Pittsburgh-based
United Electrical Workers (UE (http://www.ueunion.org/index.html)), and the Resource Center
of the Americas (http://www.americas.org/).
_____________________________________________
Portside aims to provide material of interest
to people on the left that will help them to
interpret the world and to change it.