The Clean Clothes Campaign details the anti-union campaign of the Metraco management in Istanbul, Turkey.  Management refuses to recognize and negotiate with the Disk-Tekstil union and dismissed workers for union activity

Clean Clothes Campaign

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The Clean Clothes Campaign details the anti-union campaign of the Metraco management in Istanbul, Turkey.  Management refuses to recognize and negotiate with the Disk-Tekstil union and dismissed workers for union activity.CCC_METRACO_07_03_07.pdf: 132 downloads, before Oct. 1, 2020

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Metraco: Union-Busting in Turkey

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July 2007, METRACO: Union-busting in Turkey
http://www.cleanclothes.org/urgent/07-07-03.htm[12/10/2008 10:43:35 AM]
 
 
METRACO: Union-busting in Turkey
At the moment we're
asking people NOT to
send messages to
Metraco. We will update
you soon on the
procedings in the case.
At the moment we're
asking people NOT to
send messages to
Metraco. We will update
you soon on the
procedings in the case.
Your help is needed to pressure Metraco's owners to reinstate workers unjustly
dismissed for their organizing efforts, stop the anti-union campaign, and to
recognize and negotiate with the Disk-Tekstil union about the problems in this
workplace, which produces for a range of European brands. For months DISK-
Tekstil attempted to meet with Metraco to resolve the problems, however
Metraco management was not cooperative. Metraco finally met with union
representatives in January 2007 however at that time management indicated
they would not consider reinstating the workers dismissed for union organizing.
The union requested negotiations facilitated by an independent third-party, to
finally reach a settlement to this dispute. This demand was supported by the
Clean Clothes Campaign, the Fair Wear Foundation, MODINT and several of the
brands sourcing at Metraco. However Metraco management refused.
BACKGROUND
Metraco produces mainly
for European companies.
Clients include such well-
known brands as Helly
Hansen (Norway), Guru,
Gas Jeans, Replay
July 3rd, 2007
When garment workers at the Dutch and Turkish-
owned Metraco factory in Istanbul began to organize
in February 2006, management responded with an
anti-union campaign that is still underway.
Metraco workers are trying to form a branch of the
DISK-Tekstil trade union. Please show your
solidarity to these workers who have been faced
with intimidation and unjust dismissals during
their struggle to fight for their rights.
In this appeal::
Background
Pressure on union:
intimidation, firings,
calling in the military
Legal Cases and
Complaints against
Metraco
How Metraco's
Clients Have
Responded 
Union Calls for Freeze
on Orders to Metraco
Outstanding issues at
Metraco
July 2007, METRACO: Union-busting in Turkey
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(Italian), Jack & Jones
(Denmark) and Pall
Mall/Just Brands
(Netherlands). The factory
is Turkish (33%) and
Dutch-owned (67%).
Management's anti-union
campaign has resulted in
18 workers being
dismissed from their jobs
at Metraco and 32 union
members being forced to
resign from the union, under threat that they would lose their jobs if they did
not resign. At the same time new workers were hired.
Despite various attempts by the Turkish trade union DISK-Tekstil and some of
the buyers individually and collectively through the Fair Wear Foundation
(Dutch-based multi-stakeholder initiative for labor standards compliance in the
garment industry) and MODINT (the Dutch garment industry association) to
encourage Metraco management to open direct negotiations with DISK-Tekstil
on the reinstatement issue, Metraco management continues to put pressure on
workers to resign from the union. In late 2006, while this dispute was going on
Metraco decided to close the factory and move to another location. Given the
context, this appears to be an attempt to crush the union. Metraco opened at
another location in January 2007, in Avcilar, 55 kilometers away from their
current facility. Few workers (about 70 out of some 200 employees) continued
working for the company at the new location, mainly those with close relations
to management. There is continuing pressure on union members to leave the
factory. For example, two union members who tried to continue working at
Metraco's new facility were refused transportation provided to other workers and
as a result left their jobs.
Pressure on union: intimidation, firings, calling in the
military
Metraco workers started joining DISK-Tekstil in February 2006. As soon as
management of the factory realised the unionisation process was underway,
they began to pressure workers to halt these activities. Management tried to
find out who was involved in the organisation efforts, and who had joined the
union.
In Turkey, a worker who wishes to join a union has to sign five copies of the
membership application form at a notary public and pay for this service.
Similarly, a person who would like to end his/her membership of a union and
switch to another union has to do so at the notary public and pay for this
service. Metraco pressured some 32 DISK-Tekstil members to resign from the
union, paying the fee to the notary and even organising transport to this notary.
DISK-Tekstil registered its members with the Ministry of Labour and Social
Protection to give them some legal protection as soon as it became clear that
they were being intimidated. However, within two months on April 12 2006, 12
of the 14 DISK-Tekstil members named in the union registration at the ministry
were fired. In the weeks that followed another six members were fired. The
union is challenging the legality of these dismissals in court (see below).
Dismissed Metraco workers and representatives of
DISK-Tekstil
July 2007, METRACO: Union-busting in Turkey
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The firings were clearly linked to workers' interest in organizing a union to
defend their rights - for example on April 19th the Metraco human resource
manager told two fired workers he would reinstate them if they did not file a
complaint with the labor court and if they resigned from the union.
In another example of Metraco's union-busting tactics, a worker was told she
had to transfer to another department that involved working with chemicals. She
told management she did not want to transfer to that department as she had
worked there originally, and was transferred out of there on doctors' orders.
Management then told her if she resigned from the union, she would not need to
transfer. She refused and was told she was dismissed.
On November 30, 2006 another worker was fired from Metraco after he told
auditors investigating conditions at the factory about the reality of problems at
this workplace.
Metraco has also been the scene of improper use of the Turkish military, when
Metraco's owners called in soldiers to pressure workers who were members of
the union to resign. Metraco management has also made use of local fascist
party sympathizers to advance its anti-union position in this workplace, using
these people to replace fired unionists. The head of the district where Metraco
was located was involved in this process; he was subsequently jailed for
shooting to death an innocent passerby while engaged in an argument with a
security guard at the factory. Using the military or thugs to intimidate workers is
absolutely unacceptable. So far, Metraco management has demonstrated that
they are not serious about creating a safe, harmonious workplace for their
workers.
Legal Cases and Complaints against Metraco
Workers in Turkey are legally entitled to join trade unions. This is guaranteed
under article 51 of the Turkish constitution. The Turkish Criminal Code (article
118) also stipulates that threatening workers to not join a union is punishable
with up to two years imprisonment. Turkey has ratified ILO conventions (87, 98)
on the rights to free association and collective bargaining.
In April 2006 DISK-Tekstil filed cases with the International Labour Organisation
in Ankara and with various government authorities including the government's
Human Rights Department and the Ministry of Labour and Social Security in
relation to the union repression at Metraco. A complaint was also filed with the
military police headquarters in Istanbul because a military police officer was
present in the room while workers were being dismissed.
Seventeen workers have pursued legal action against Metraco management with
regard to their illegal dismissal. Cases in the Beyoglu Civil Court of First
Instance for 11 of the dismissed workers are still ongoing. The trial is scheduled
to take place on November 1, 2007. The fact that there is a legal case pending
should not be an excuse for management to take no action; management can
reinstate the workers at any time.
So far, none of these complaints have yielded any concrete action to help the
Metraco workers get their jobs back. DISK-Tekstil reports that the ILO Turkey
office requested information from the Ministry of Labour and Social Security and
that the Ministry of Labour and Social Security concluded its own audit by
indicating that the case is pending in court and no action will be taken until the
outcome of the court case.
How Metraco's Clients Have Responded
Clean Clothes Campaigns in the Netherlands, Italy, Norway and Sweden (the
July 2007, METRACO: Union-busting in Turkey
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countries where the largest customers of Metraco are situated) have reached out
to the brand-name garment companies from their countries that have been
sourcing from Metraco. Some of these brands have taken action to follow-up on
the problems at their supplier.
Some of the brands (Gaastra, Pall Mall, Bestseller, Gas Jeans, Helly Hansen)
have had meetings or written letters to Metraco about the situation. Some
brands (Bestseller, Gaastra and O'Neill) have withdrawn or suspended orders
from the factory.
Several of these brands (O'Neill, Gaastra, Helly Hansen, Scotch & Soda, and Pall
Mall/Just Brands) have attempted to coordinate efforts together through the Fair
Wear Foundation and MODINT (business association in the garment sector in the
Netherlands and represented in the Fair Wear Foundation). An investigation on
behalf of these brands was carried out in November 2006 (commissioned by
MODINT on behalf of the five brands and as part of the Fair Wear Foundation
complaints procedure). The audit confirmed the violations reported by the union.
In recent months other companies (ex. Bestseller, Guru) have also
commissioned audits of working conditions at the factory. As mentioned above,
one worker who spoke to auditors about conditions at Metraco in November was
fired. It is clear that the problems cited by DISK-Tekstil are credible and require
a committed response from the buyers and factory management.
The FWF informed its stakeholders and the five companies that cooperated in
the attempt to correct the situation via the FWF complaints procedure that:
"FWF has reached the final conclusion that Metraco has not only been acting in
clear violation with the International Labour Standards on Freedom of
Association and the Right to Collective Bargaining; but has also not shown the
will to correct this serious non-compliance with a crucial element of your and
our Code of Conduct by refusing to come to an agreement with the trade union
on the issue of the workers that have been dismissed because of their trade
union membership."
While the CCC welcomes the actions taken by the brands, particularly the
attempts to work collaboratively, the situation has not improved for Metraco
workers who took the step to try to organize in defence of their rights.
Unfortunately, Metraco management has not taken sufficient action to resolve
the problems at this workplace and engage in good faith negotiations with the
union.
The CCC believes that companies that source or were sourcing production at
Metraco have a continuing responsibility to push for a just resolution in this
case.
Union Calls for Freeze on Orders to Metraco
In 2007 Metraco management has continued to refuse to negotiate with the
union about the reinstatement of the workers. As a result, DISK-Tekstil has
asked that no new orders be placed at the factory until the dispute is
satisfactorily resolved. The CCC will follow up with Metraco buyers regarding
their follow-up to this request. Should additional pressure be needed, we will be
asking the public to contact these companies to encourage them to do the right
thing.
Outstanding issues at Metraco
The following are the main outstanding demands raised by the union, which the
CCC supports:
1. Immediate reinstatement of all workers dismissed since the launch of the
July 2007, METRACO: Union-busting in Turkey
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union organising campaign, to their original positions, level of seniority
and benefits, plus appropriate compensation for the period they have been
out of work.
2. Immediate recognition of the union; management must meet with the
union to discuss workplace issues in good faith in order to facilitate good
industrial relations.
3. No harassment of union supporters or members.
4. Investigate and follow up (including possible dismissal) of alleged
inappropriate practices by the human resources manager.
5. Training for management/supervisors on the implementation of
fundamental labor rights, particularly on freedom of association.
ACTION REQUEST
At the moment we're asking people NOT to send messages to Metraco. We will
update you soon on the procedings in the case.
1. Please contact Metraco management today to tell them that firing workers
for exercising their right to organize is unacceptable as is any other anti-union
behavior. Send the sample letter below.
Sample Letter
Dear Mr. Van der Kroft and Mr. Okçu,
I am contacting you with regard to the ongoing labor dispute at Metraco Ithalat
Ihracat ve Ticaret Ltd. Sti. Your factory produces clothes for some of the stores
where I shop and I am concerned to learn about the rights violations that
workers have been faced with.
Since February 2006 when workers at your factory began their organizing
attempt - a right guaranteed under Turkish law - they have experienced
intimidation, harassment, some have been forced to resign from the DISK-
Tekstil union, and others who were union members have been unjustly
dismissed. Now, more than one year later these issues are still not resolved.
According to the Clean Clothes Campaign, despite pressure from labor rights
advocates and requests from some of the companies you produce clothes for,
management at Metraco continues to actively deploy an anti-union position in its
workplace.
Firing your employees who attempt to exercise their constitutional right to free
association is unacceptable. Therefore I call upon you to immediately reinstate
all the Metraco workers to date whom you have unjustly dismissed for their
participation in organizing attempts and who still would like their jobs back (11
workers).
It is also important that you meet with the union without delay to discuss
workplace issues with them and begin to build good industrial relations at
Metraco. Important points for your follow-up:
Harassment of union members and other aspects of the anti-union
campaign that has prevailed at your facility in recent months must come
to an end.
Training for management/supervisors on the implementation of
fundamental labor rights, particularly on freedom of association is needed.
Other outstanding workplace concerns, for example in relation to the
arbitrary nature of pay raises and also allegations of sexual harassment on
the part of a manager, need to be followed-up on.
I hope that you will contact me to let me know about the steps you take to
July 2007, METRACO: Union-busting in Turkey
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reinstate the unjustly dismissed workers and move forward on the other issues
highlighted above.
Sincerely,
2. Send a solidarity message to the Metraco workers
Metraco workers are trying to form a branch of the DISK-Tekstil trade union.
Please send a message of solidarity to these workers who have been faced with
intimidation and unjust dismissals during their struggle to fight for their rights.
To: metracoworkers@gmail.com
About DISK-Tekstil: DISK-Tekstil (registered in 1992) represents some 80,000
textile and garment workers. DISK-Tekstil is affiliated to the European Trade
Union Confederation (ETUC) and the International Confederation of Free Trade
Unions (ICFTU) and the European and international textile and garments
federations (ETUF-TCL and ITGLWF).


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Metraco: Union-Busting in Turkey

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