In Mexico autos town, labor rights falter despite U.S. trade deal
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[May 03, 2021] By
Daina Beth Solomon
MATAMOROS, Mexico (Reuters) - After
successfully staging a wildcat strike for higher wages in 2019, many
workers at the Tridonex auto-parts plant in the Mexican city of
Matamoros, across the border from Texas, set their sights higher:
replacing the union that they say failed to fight for them.
Six workers at the factory, which refits second-hand car parts for sale
in the United States and Canada, told Reuters they felt let down that
their union, SITPME, did not back their demands for better pay. About
400 Tridonex workers protested outside a Matamoros labor court last year
to be allowed to switch unions.
When the first protests broke out in 2019, many of the plant's roughly
4,000 workers earned just above the then-minimum wage of 176.72 pesos
($8.82) a day.
The Tridonex workers and thousands more at other Matamoros factories
walked off the job demanding a 20% raise and 32,000-peso bonus, many
without union backing. In nearly all cases, the companies conceded.
"This showed us what we were capable of," said Edgar Salazar, then a
Tridonex employee. "We know we have rights, but the union just wants to
cash in. It doesn't support us at all."
Jesus Mendoza, SITPME's long-time leader, said his union generated jobs
and delivered perks to its members while maintaining harmonious
relationships with employers.
However, Salazar and many of his Tridonex colleagues wanted to throw
their support behind a new organization led by activist and attorney
Susana Prieto.
But their efforts are failing, labor experts acknowledge.
Dismantling the power of Mexico's entrenched unions is proving a tough
challenge, some labor activists say, with few signs that reforms
promised under a new North American trade deal are yet charting an
easier course.
Amid resistance from SITPME, the Tridonex workers' request to be
represented by Prieto's union has still not been put to a vote. Legal
challenges by attorney Prieto to replace unions at 45 other factories in
the area have also stalled.
When Prieto urged strikes in January to again demand higher pay, just a
few hundred people protested across a handful of companies.
"They're scared, because they don't have anyone to defend them," Prieto
said. According to Prieto, about 600 of her supporters at Tridonex --
including Salazar -- were fired between April and October 2020. Reuters
could not independently confirm this.
Cardone Industries, Tridonex's Philadelphia-based parent, did not
respond to a question about allegations of retaliation.
It says layoffs were made due to reduced demand following pandemic
lockdowns but did not provide further details. Cardone is controlled by
Canadian company Brookfield Asset Management.
SLOW PROGRESS
Leftist President Manuel Andres Lopez Obrador passed a law in 2019
guaranteeing workers the right to independent unions. Though strong on
paper, it does not come fully into effect until 2023.
"The law in general is very good. But that doesn't mean we're going to
get any change in Mexico anytime soon," said Kimberly Nolan, a labor
scholar at the Latin American Faculty of Social Sciences research
institute.
Some of the Matamoros workers are now looking to the United States for
backing.
A new free trade deal between Mexico, the United States and Canada (USMCA)
implemented last year enshrined workers' rights to choose which union
administers their collective contract.
With Democrat Joe Biden now president, Mexico may come under close
scrutiny to uphold the USMCA's pro-worker provisions, which were partly
designed to prevent low labor costs from leeching more U.S. jobs.
Under the treaty, companies failing to ensure freedom of association for
workers in Mexico could be sanctioned with tariffs and other penalties.
The Office of the U.S. Trade Representative, which runs U.S. trade
policy, did not respond to a question of how the Biden administration
would treat violations of the trade pact's labor measures.
[to top of second column] |
Mexican labor lawyer Susana Prieto leads a demonstration with
supporters and workers outside an office of the Chihuahua state
government in Mexico City, after she said she is fighting to prove
her innocence following criminal charges in the northern state of
Tamaulipas, Mexico July 15, 2020. REUTERS/Henry Romero
But Katherine Tai, head of the agency, said last week she was "not
afraid" to use the enforcement provisions of the USMCA, without
specifying which issues could come under review.
The powerful U.S. union federation, the AFL-CIO, told Reuters in April
it was drafting cases against companies in Mexico under USMCA, and would
make details public in May.
Matamoros is one of a string of Mexican border cities which American firms were
lured to by cheap labor in recent decades. Its factories supply parts for
General Motors Co, Toyota Motor Corp, Stellantis and other automakers.
Booming trade with the United States has brought jobs to areas of northern
Mexico but labor rights lag.
Companies in Mexico have commonly fired workers, among other tactics, rather
than allow them to agitate for new unions, say activists, scholars and
government officials.
"They fire them; they suppress them. They stop giving extra hours. They don't
give bonuses. They change them to night shift," said Alfredo Dominguez, head of
the Federal Center of Conciliation and Labor Registration, created under the
labor reform to ensure collective contracts are legitimate.
One of the labor ministry's priorities is to eliminate so-called "protection
contracts," signed between unions and employers without workers' prior
consultation or knowledge, which Dominguez said make up at least 80% of all
collective contracts in Mexico.
The labor reform, once implemented, will also do away with local panels blamed
by labor activists for long delays in the process of establishing new unions
like Prieto's. The boards will be replaced with tribunals reporting to the
judicial branch.
NEW TACTICS
Frustrated by delays in setting up a new union, hundreds of Tridonex workers
early in 2020 opted for a new tactic: declaring they no longer wanted to pay
dues to the established union, SITPME. After several tense protests, Tridonex
consented.
Then firings began, four workers told Reuters.
In March 2020, Efren Ruiz, who cleaned and assembled brake parts for Tridonex
and was a vocal advocate of Prieto's union, was dismissed.
"This is reprisal," Ruiz remembered telling a supervisor, before security guards
escorted him out, he said.
Three other workers also said they believed their union activism led to their
dismissals. A government record seen by Reuters, dated October 30, 2020, shows
Tridonex dismissed 717 people from April to October last year.
Reuters was unable to determine if any have been hired back since. Mexico's
Social Security Institute, which tracks employment, said it could not comment on
individual companies.
Prieto said the firings were retaliation by the company to protect SITPME and
prevent more strikes for better pay.
SITPME leader Mendoza described complaints of retaliation as "lies." Cardone
said in a statement the staff reduction was due to a drop in demand and was
"managed through transparent and constructive discussions with employees and
relevant trade unions."
SITPME - which extols membership perks such as medical and legal aid - said it
lured back at least 3,000 people from different companies who had supported
Prieto's breakaway group. Reuters could not independently confirm this.
Mendoza noted that he strives for dialogue with companies, not strikes: "What we
do well is guarantee labor peace and efficiency in the workforce."
(Reporting by Daina Beth Solomon; additional reporting by Ben Klayman in Detroit
and David Lawder in Washington; Editing by Christian Plumb, Daniel Flynn and
Alistair Bell)
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