Enough;time to fight back

73

description

Introduction “Enough!” “What’re we are going to do next?” Since the government plays the role as the representative of capitalism under globalization period by using strategies and methods to seize the power of state authorities, and then trying to control, monitor, intervene in and manage both directly and indirectly to oppress the labor movement to benefit the inter- ests of employers, workers with no bargaining power live with fear that they will be unemployed one day. They have to surrender to tyranny in unexpected ways and cannot plan for their own future. The current laws are also obsolete. The more they have been amended, the more problems they have caused for workers. The procedures to bring jus- tice to workers are so slow. So, it’s time for us to say “Enough!” “Enough” is the book written to reveal the unfair facts repeatedly hap- pening to workers by using the characters whose names come from the core elements of labor organization administration. “Enough!” is worth reading as it discloses all facts about a labor situa- tion where workers show great effort to fight against employers’ attempt to break trade unions every way and sometimes the employers use the methods that are out of the ordinary. Readers will understand why unions which are worldwide accepted and allowed by the Constitution are undermined and weakened. Some- times, workers have to sacrifice even their blood and tears in exchange for unions. The book contains the information for you to further thinking and seeking solutions for all parties in the Thai labor movement and the relevant state agencies in order to create peace and morality which will help resist capital- ism. Piyachet Klaewklad Chairman of OLUC

Transcript of Enough;time to fight back

Page 1: Enough;time to fight back
Page 2: Enough;time to fight back

Junya Yimprasert WriterThai Labour Campaign

Mr. Ong, Cartoonist

Enough : Time to fight backæÕ°—π∑’

Page 3: Enough;time to fight back

æÕ°—π∑’

Writer: Junya YimprasertThai Labour Campaign

Cartoonist: Mr. Ong

Design: Wattanasin Suwatrattannon

Published by: Organizing Labour Union CommitteePresident: Piyachet KlewkladSecretary: Wanpen PremkaewCordinator: Buddhi NetiprawatTel: +66 1 908 9686

Thai Labour CampaignP.O. Box 219Ladprao Post OfficeBangkok 10310Tel: 0+ 66 2 933 0585

Printing: October Printing House

Time to Fight BackENOUGH

Page 4: Enough;time to fight back

Enough: Time to fight back

“Enough!”

“What’re we are going to do next?”

Since the government plays the role as the representative of capitalismunder globalization period by using strategies and methods to seize the power ofstate authorities, and then trying to control, monitor, intervene in and manageboth directly and indirectly to oppress the labor movement to benefit the inter-ests of employers, workers with no bargaining power live with fear that they willbe unemployed one day. They have to surrender to tyranny in unexpected waysand cannot plan for their own future.

The current laws are also obsolete. The more they have been amended,the more problems they have caused for workers. The procedures to bring jus-tice to workers are so slow. So, it’s time for us to say “Enough!”

“Enough” is the book written to reveal the unfair facts repeatedly hap-pening to workers by using the characters whose names come from the coreelements of labor organization administration.

“Enough!” is worth reading as it discloses all facts about a labor situa-tion where workers show great effort to fight against employers’ attempt to breaktrade unions every way and sometimes the employers use the methods that areout of the ordinary. Readers will understand why unions which are worldwideaccepted and allowed by the Constitution are undermined and weakened. Some-times, workers have to sacrifice even their blood and tears in exchange for unions.

The book contains the information for you to further thinking andseeking solutions for all parties in the Thai labor movement and the relevantstate agencies in order to create peace and morality which will help resist capital-ism.

Piyachet KlaewkladChairman of OLUC

Introduction

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æÕ°—π∑’

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Enough: Time to fight back

Over the past four years since the setup of the Thai Labor Campaign,we have witnessed the difficulties that Thai workers have been facing and suffer-ing in order to organize trade unions. Often, we have seen how workers who aretrade union members are terminated, locked out, and sued for compensation ofmillions Baht by employers. This looks contrary to the simple criteria of form-ing a trade union which requires only at least ten workers to register a union inlabor office in their province or at the Ministry of Labor. Besides, when receiv-ing the names of the workers who desire to organize a union, often labor govern-ment officials inform the workers’ employers of the name list, claiming thattheir intention is just “to verify the workers’ status”. This causes many workersget fired, during the process of organizing and registering a union. Employerswho know the workers’ movement then try every way to prevent the union tosuccessfully setup, and there are many cases workers have to wait for years toreceive the union license.

During the economic crisis, employers took advantage and tried tobust trade unions. Many long-established unions with high bargaining powerclosed down since 1996, especially the ones in textile sector such as Thai BlanketIndustry Union, Thai Melon Textile Union, Iryo Garment Union, and Par Gar-ment Union.

It is time for Thai workers to joinour strength together in demandingtrade union rights. In the free trade era where money is ruling the world, legalproceedings and measures are loose while labor rights, social security and pen-sion funds are trimmed down. This lessens the occupational security of employ-ees in state enterprises, private companies, or even in the government sector. It iseasy for them to be terminated, and finally they are indirectly obliged to acceptthe employment with no security, no protection, and no bargaining power.

Introductionby the Author

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æÕ°—π∑’

The labor union is, therefore, the only mechanism that allows workersto collectively bargaining with employers, Labor Ministry, or government inorder to protect their own rights and to call for the rights they deserve.

It is time for us, Thai workers, to say “Enough!” to all measures whichcapitalists and executives utilize to prevent new unions or to bust unions.

Junya Yimprasert

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Enough: Time to fight back

Those machines had kept going as long as we could remember, when wefinally pulled the switch and there was some quiet, I finally rememberedsomething: that I was a human being, that I could stop those machines, thatI was better than those machines anytime.

Sit-down striker (1936) Image of labour

The union is the organization of workers and administered by workersto call for rights, justice, and wellbeing of workers. Section 45 of the Constitu-tion stipulates that the individual has the freedom to establish a union while theLabor Relations Law specifies that up to ten workers have the right to register aunion.

The concept of unions has started on the basis of the inequality ofemployers and employees. Since an individual worker cannot bargain with hisemployer alone, both national and international labor laws allow the establish-ment of unions so that workers have enough strength to negotiate with employ-ers. Thus, union membership is the legal right of workers and employersshould also accept this and should not have any measures to obstruct sucha workers’ right.

The basic principle of the workers’ union is that every worker (mem-ber) should consider the benefits of “all workers” or “all members”, not of any“single worker” or “individual”. It is normal that no employer wants to see aunion get stronger. They try to split up the worker unity by attacking the indi-vidual worker, and they know that it is easier to negotiate with a single workerthan a group of workers.

The ideology of employers is how to make workers be under the con-trol of management, to have no power to negotiate, and to believe that they arepowerless and have no support. Apart from splitting up the group of workers,employers utilize management strategies, money, strict regulations, and legalprocesses as tools to get rid of union leaders or demanding workers.

Preface

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æÕ°—π∑’

According to the study of the American Labor Studies Center, workersin unions receive 28% higher wages than those who are not. It is normal that noemployer wants to pay another 28% more. Even the minimum wage, if they canavoid it, they will. This is because wage and welfare to employees means fewerprofits for them and their slower business expansion. Labor unions can helpworkers negotiate with their employers on better wages, welfare which coversworkers and their families, and a bonus at year end. Therefore, it is necessary forworkers to understand the structure of capitalism, to utilize unions to gain col-lective power to bargain with employers and to pressure employers to acceptworkers’ demands.

The author was informed that some Phuket labor officials told Phuketunion leaders that acceptable and good unions are the unions which do notbargain with their employers. I would like to ask what unions are set up for ifthey cannot bargain for their benefits with their employers.

The tools of unions are the combined bargaining power gainedfrom union members and their alliances, and the last tool they will utilize isthe “strike”, which is legally allowed. Employers also have the right to “lockout”.

The strength of union comes from all workers - chairman, committee,shop stewards and members. It is essential for a union to provide training andknowledge to its members so that they have the right understanding “what theunion is” and “what benefits the union can provide to their members”.

Workers do not have money and are not able to efficiently use theirlegal rights due to their limitation in terms of economic situation, time, andlegal knowledge. The only thing they have is the number of people.

The more members a union has, the more difficulty an employer willhave in getting rid of it. There are many slogans with strong meanings thatemphasize the awareness of Liberty of union members.

“An injury to one is an injury to all.”

“If one is unfairly treated by management, it means all of us are.”

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Enough: Time to fight back

“Injustice anywhere is a threat to justice everywhere.” (Martin LutherKing)

One of the best known slogans is that of Frontier Hotel’s union in LasVegas. “One Day Longer” is what 500 hotel workers kept in mind during a longrunning strike of 6 years 4 months and 21 days from September 21, 1991 toJanuary 31, 1998. Finally, 350 workers who fought until the last day receivedcompensation and resumed their work.

All situations that union leaders face in this book are real situation thathappen with all unions that were set up to call for the benefits of the membersand their families (not the unions set up for the benefits of some leaders oremployers.)

To be a strong union, it should base core elements of labor unions asfollowing:

-A trade union does not belong to chairman, committee membersor advisors, but to every worker. It is administrated by workers for workers.

-Democracy in administration structure and decision making processes:all members (not just the members who meet to constitute a quorum) have achance to join in the decision making processes directly (by voting in generalmeeting) and indirectly via their committee members.

-Ownership and unity of all union members and committee mem-bers can be created when every union member and committee member realizethat “they are all the owners of union and equally have the duty to strengthenthe union”. They can persuade other workers to become union members.

-Solidarity of members and local and foreign workers in theborderless period where a big firm has factories in many countries. It is, there-fore, crucial that the workers in such kind of firms cooperate with one anotherto have stronger bargaining power and to assure that such firms will respect thelabor rights regardless of where they are located.

-Freedom and being free from influence which pressures workers toside with employers for the needs and advantages of employers themselves, con-sultants, religious people, government officials, politicians, etc.

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æÕ°—π∑’

-Participation of union committee and members is required to reachthe achievement in negotiations with employers. It is not the sole duty of com-mittee but of every member. Therefore, all members should follow up the opera-tion of their unions, participate in union activities, join in making resolutions,and take responsibility for union operations.

-Being self-supporting: the union should be independent and havefinance to support the education of its committee and members so that theyunderstand more and catch on to the political, economical, and social situationincluding the circumstances in their own company. It is necessary for a union tocollect membership fee from its members on the percentage of their wage. Mostlyit is 2%, 1% of which for providing to the union for administrative and educa-tion to members and the rest to the labor confederation for preparing trainingand collecting necessary information to member unions.

Unions in Thailand used to pay just a small amount of membership feelike 20-30 Baht per month (USD .50 - .80), which is not enough even fororganizing a general meeting. The fee is not sufficient to employ a full timeofficer to continually run the union activities and the committee members whohave their own full time work do not have enough time to prepare training to allmembers.

If we believe that collective bargaining in the name of “union” willbetter the livelihood of workers and their families, all workers have to pay themembership fee for the efficiency of their unions.

Unity Freedom Solidarity Self-reliance Democracy

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Enough: Time to fight back

Time to Fight BackENOUGH

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Junya Yimprasert WriterThai Labour Campaign

Mr. Ong, Cartoonist

Enough : Time to fight backæÕ°—π∑’

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æÕ°—π∑’

Writer: Junya YimprasertThai Labour Campaign

Cartoonist: Mr. Ong

Design: Wattanasin Suwatrattannon

Published by: Organizing Labour Union CommitteePresident: Piyachet KlewkladSecretary: Wanpen PremkaewCordinator: Buddhi NetiprawatTel: +66 1 908 9686

Thai Labour CampaignP.O. Box 219Ladprao Post OfficeBangkok 10310Tel: 0+ 66 2 933 0585

Printing: October Printing House

Time to Fight BackENOUGH

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Enough: Time to fight back

“Enough!”

“What’re we are going to do next?”

Since the government plays the role as the representative of capitalismunder globalization period by using strategies and methods to seize the power ofstate authorities, and then trying to control, monitor, intervene in and manageboth directly and indirectly to oppress the labor movement to benefit the inter-ests of employers, workers with no bargaining power live with fear that they willbe unemployed one day. They have to surrender to tyranny in unexpected waysand cannot plan for their own future.

The current laws are also obsolete. The more they have been amended,the more problems they have caused for workers. The procedures to bring jus-tice to workers are so slow. So, it’s time for us to say “Enough!”

“Enough” is the book written to reveal the unfair facts repeatedly hap-pening to workers by using the characters whose names come from the coreelements of labor organization administration.

“Enough!” is worth reading as it discloses all facts about a labor situa-tion where workers show great effort to fight against employers’ attempt to breaktrade unions every way and sometimes the employers use the methods that areout of the ordinary. Readers will understand why unions which are worldwideaccepted and allowed by the Constitution are undermined and weakened. Some-times, workers have to sacrifice even their blood and tears in exchange for unions.

The book contains the information for you to further thinking andseeking solutions for all parties in the Thai labor movement and the relevantstate agencies in order to create peace and morality which will help resist capital-ism.

Piyachet KlaewkladChairman of OLUC

Introduction

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æÕ°—π∑’

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Enough: Time to fight back

Over the past four years since the setup of the Thai Labor Campaign,we have witnessed the difficulties that Thai workers have been facing and suffer-ing in order to organize trade unions. Often, we have seen how workers who aretrade union members are terminated, locked out, and sued for compensation ofmillions Baht by employers. This looks contrary to the simple criteria of form-ing a trade union which requires only at least ten workers to register a union inlabor office in their province or at the Ministry of Labor. Besides, when receiv-ing the names of the workers who desire to organize a union, often labor govern-ment officials inform the workers’ employers of the name list, claiming thattheir intention is just “to verify the workers’ status”. This causes many workersget fired, during the process of organizing and registering a union. Employerswho know the workers’ movement then try every way to prevent the union tosuccessfully setup, and there are many cases workers have to wait for years toreceive the union license.

During the economic crisis, employers took advantage and tried tobust trade unions. Many long-established unions with high bargaining powerclosed down since 1996, especially the ones in textile sector such as Thai BlanketIndustry Union, Thai Melon Textile Union, Iryo Garment Union, and Par Gar-ment Union.

It is time for Thai workers to joinour strength together in demandingtrade union rights. In the free trade era where money is ruling the world, legalproceedings and measures are loose while labor rights, social security and pen-sion funds are trimmed down. This lessens the occupational security of employ-ees in state enterprises, private companies, or even in the government sector. It iseasy for them to be terminated, and finally they are indirectly obliged to acceptthe employment with no security, no protection, and no bargaining power.

Introductionby the Author

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æÕ°—π∑’

The labor union is, therefore, the only mechanism that allows workersto collectively bargaining with employers, Labor Ministry, or government inorder to protect their own rights and to call for the rights they deserve.

It is time for us, Thai workers, to say “Enough!” to all measures whichcapitalists and executives utilize to prevent new unions or to bust unions.

Junya Yimprasert

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Enough: Time to fight back

Those machines had kept going as long as we could remember, when wefinally pulled the switch and there was some quiet, I finally rememberedsomething: that I was a human being, that I could stop those machines, thatI was better than those machines anytime.

Sit-down striker (1936) Image of labour

The union is the organization of workers and administered by workersto call for rights, justice, and wellbeing of workers. Section 45 of the Constitu-tion stipulates that the individual has the freedom to establish a union while theLabor Relations Law specifies that up to ten workers have the right to register aunion.

The concept of unions has started on the basis of the inequality ofemployers and employees. Since an individual worker cannot bargain with hisemployer alone, both national and international labor laws allow the establish-ment of unions so that workers have enough strength to negotiate with employ-ers. Thus, union membership is the legal right of workers and employersshould also accept this and should not have any measures to obstruct sucha workers’ right.

The basic principle of the workers’ union is that every worker (mem-ber) should consider the benefits of “all workers” or “all members”, not of any“single worker” or “individual”. It is normal that no employer wants to see aunion get stronger. They try to split up the worker unity by attacking the indi-vidual worker, and they know that it is easier to negotiate with a single workerthan a group of workers.

The ideology of employers is how to make workers be under the con-trol of management, to have no power to negotiate, and to believe that they arepowerless and have no support. Apart from splitting up the group of workers,employers utilize management strategies, money, strict regulations, and legalprocesses as tools to get rid of union leaders or demanding workers.

Preface

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æÕ°—π∑’

According to the study of the American Labor Studies Center, workersin unions receive 28% higher wages than those who are not. It is normal that noemployer wants to pay another 28% more. Even the minimum wage, if they canavoid it, they will. This is because wage and welfare to employees means fewerprofits for them and their slower business expansion. Labor unions can helpworkers negotiate with their employers on better wages, welfare which coversworkers and their families, and a bonus at year end. Therefore, it is necessary forworkers to understand the structure of capitalism, to utilize unions to gain col-lective power to bargain with employers and to pressure employers to acceptworkers’ demands.

The author was informed that some Phuket labor officials told Phuketunion leaders that acceptable and good unions are the unions which do notbargain with their employers. I would like to ask what unions are set up for ifthey cannot bargain for their benefits with their employers.

The tools of unions are the combined bargaining power gainedfrom union members and their alliances, and the last tool they will utilize isthe “strike”, which is legally allowed. Employers also have the right to “lockout”.

The strength of union comes from all workers - chairman, committee,shop stewards and members. It is essential for a union to provide training andknowledge to its members so that they have the right understanding “what theunion is” and “what benefits the union can provide to their members”.

Workers do not have money and are not able to efficiently use theirlegal rights due to their limitation in terms of economic situation, time, andlegal knowledge. The only thing they have is the number of people.

The more members a union has, the more difficulty an employer willhave in getting rid of it. There are many slogans with strong meanings thatemphasize the awareness of Liberty of union members.

“An injury to one is an injury to all.”

“If one is unfairly treated by management, it means all of us are.”

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Enough: Time to fight back

“Injustice anywhere is a threat to justice everywhere.” (Martin LutherKing)

One of the best known slogans is that of Frontier Hotel’s union in LasVegas. “One Day Longer” is what 500 hotel workers kept in mind during a longrunning strike of 6 years 4 months and 21 days from September 21, 1991 toJanuary 31, 1998. Finally, 350 workers who fought until the last day receivedcompensation and resumed their work.

All situations that union leaders face in this book are real situation thathappen with all unions that were set up to call for the benefits of the membersand their families (not the unions set up for the benefits of some leaders oremployers.)

To be a strong union, it should base core elements of labor unions asfollowing:

-A trade union does not belong to chairman, committee membersor advisors, but to every worker. It is administrated by workers for workers.

-Democracy in administration structure and decision making processes:all members (not just the members who meet to constitute a quorum) have achance to join in the decision making processes directly (by voting in generalmeeting) and indirectly via their committee members.

-Ownership and unity of all union members and committee mem-bers can be created when every union member and committee member realizethat “they are all the owners of union and equally have the duty to strengthenthe union”. They can persuade other workers to become union members.

-Solidarity of members and local and foreign workers in theborderless period where a big firm has factories in many countries. It is, there-fore, crucial that the workers in such kind of firms cooperate with one anotherto have stronger bargaining power and to assure that such firms will respect thelabor rights regardless of where they are located.

-Freedom and being free from influence which pressures workers toside with employers for the needs and advantages of employers themselves, con-sultants, religious people, government officials, politicians, etc.

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æÕ°—π∑’

-Participation of union committee and members is required to reachthe achievement in negotiations with employers. It is not the sole duty of com-mittee but of every member. Therefore, all members should follow up the opera-tion of their unions, participate in union activities, join in making resolutions,and take responsibility for union operations.

-Being self-supporting: the union should be independent and havefinance to support the education of its committee and members so that theyunderstand more and catch on to the political, economical, and social situationincluding the circumstances in their own company. It is necessary for a union tocollect membership fee from its members on the percentage of their wage. Mostlyit is 2%, 1% of which for providing to the union for administrative and educa-tion to members and the rest to the labor confederation for preparing trainingand collecting necessary information to member unions.

Unions in Thailand used to pay just a small amount of membership feelike 20-30 Baht per month (USD .50 - .80), which is not enough even fororganizing a general meeting. The fee is not sufficient to employ a full timeofficer to continually run the union activities and the committee members whohave their own full time work do not have enough time to prepare training to allmembers.

If we believe that collective bargaining in the name of “union” willbetter the livelihood of workers and their families, all workers have to pay themembership fee for the efficiency of their unions.

Unity Freedom Solidarity Self-reliance Democracy

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Enough: Time to fight back

Time to Fight BackENOUGH

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(f) Democracy (f) Equality(f) Unity (m) Bargaining(m) Negotiation (m) Independence(m) Freedom (m) Solidarity(f) Liberty

çThai Labor Solidarityé Union Committee Members

* f = female * m = male

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October 17, 2003Thai Labor Solidarity Unionûs monthly meeting

Democracy Everybody is here today?Solidarity Two are absent, Bargain and Freedom.Democracy Our union has been just set up. I donût ant anybody

absent in the meeting. We have got a lot to do and weare still new.

Equality Iûm worried also. Thereûs threatening news that we, theunion, should be more careful as management is veryangry that we form a union.

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Liberty Why do we have to be scared of them? Our union islegally registered and the Section 45 of Constitutionsaid that we have the right to set up a union.

Negotiation Perhaps, itûs because they used to oppress us andthey are afraid that they wonût be able anymore.

Unity I wonût let them treat me like in the past. Iûve still gothurt that I was deducted 2,000 Baht for eating alemon. I did that because I was extremely sleepy afterworking for 2 days and 2 nights without break.

Solidarity A security guard snatched at my collar, shouting çYouwant a piece of me?é

Equality They prohibit woman workers from being pregnant ifthey work for less than 1-2 years. I think that violatesour rights. Who can stop birth?

Liberty Thatûs because they donût wanna pay for maternityleaves.

Democracy When workers donût know what rights they have,employers think they can do anything with workers.

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Telephone in the union room is ringing.

Democracy Hello!Freedom Hello, Democracy! I was hit on my head. They rode a

motorcycle following me on the way to the meeting.Democracy Oh dear! Where are you? Are you badly injured?Freedom I donût know what to do next. Iûm hiding myself.Democracy You go to hospital now and we will see you there and

take you to police station.

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Democracy (telling the meeting) Hey! We have to hold up ourmeeting. Freedom was hit on the head. I told him to goto hospital. Letûs go to see him. We will get him toinform the police of the attack.

Everybody Is he ok?Equality So the threat is true? If so, they did too much!

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Dog PlanIt includes violent and threatening measures to discourage

workers, especially union leaders, from organizing a union orthreatening workers from being union members. The followingmethods are used:

ë Threats via telephone, or telephone interception

ë Not allow leaders to do overtime work (putting economicpressure)

ë Personal talk to threaten or to force workers to resign froma union

ë Physical attack by gangsters or security guards

ë Accusations of theft, gambling, or having amphetaminesand involve police to arrest them Assassination of union leaders(in some countries)

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Freedom was hit on his head and the woundwas stitched with 4 needles.

Freedom There were two men riding a motorcycle after me sinceI left the factory. I didnût see their faces because theywore helmets.

Independence Itûs obvious that the policeman we informed of theincident didnût pay attention as he claimed thatFreedom was not able to give identity of the attackers.

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Liberty Anybody knows that Management and the policeinspector often have drink together.

Democracy We have to be more careful. We donût know what theyûregonna do next.

As expected, the policeman just put the incident in the record andthere is no further investigation although the union and Freedomhave tried to follow up the case. They end up stopping their at-tempts due to the policeûs lack of attention.

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(5 days later)...Announcement...

çEvery staff are required to keep tucking infor the order in factory. Those who are against this regulation will be

given verbal warning and disciplinary punishment respectively...é

Workers are crowding around the announcement board.

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Freedom They announced a new regulation without asking for anopinion from the union. Is it against employmentconditions?

A member Tucking in causes us inconvenience in working. Weûvebeen working with our shirts outside pants for adecade and thereûs been no accident.

Freedom I will take this issue to talk with the union committee.

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Liberty This announcement is intended to intimidate the union.What should we do?

Freedom I think we should write to the Labor Ministry to protestagainst the regulation and ask for an investigation.

Independence We should also do something to show that we disagreewith their new regulation.

Equality We wonût follow the regulation to show that we donûtagree.

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Democracy All of us shouldnût do it at the same time. The Person-nel Manager will take disciplinary punishment with allof us. A half of us should start first so that thereûll bepeople left in the union if there is punishment.

Everybody Ok, weûll do that.Personnel You donût follow the factory regulation. You think theManager union can help you? You think following the western

way will create a peaceful order in this factory?Freedom Democracy is the Westûs political system and we

changed to be democratic country since 1932.Personnel But the idea of union is against the Thai culture ofManager paying respect to senior people. You should be aware

that youûre under my supervision and should act in amodest way. Stop the union and letûs work as a family.You follow the regulations of management and we allhelp make the company thrive and I will propose MD togive a big bonus to all of you.

Democracy Forming a union is our right authorized by the Consti-tution. Being union members doesnût mean that weûllbe rebellious with the company. The union gives usstrength in showing our ideas and proposals to thecompany. If we are alone, we donût dare propose anything.

Equality Thisûll benefit the company if staff can give their ideasto the company and join in cross checking the companyûsoperations. Instead, itûll prevent corruption, biasedmanagement, and oppressive regulations. The union canbe the intermediary between factory and workers.

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Unity We also want the company to get a lot of profit and wewant to get a fair sharing of the profits. If the companydoesnût have us, the company wonût make that profit.

Personnel The union was just set up for only six months and youManager all have started arguing with me and donût follow my

policy. Anyway, I keep insisting the regulation of tuck-

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One month later...After the unionûs firm confirmation of its rightin taking part in any new regulations, Person-nel Department agrees that the regulations willbe issued under the mutual consent of Person-nel Department and union representatives.

Personnel How are you doing, Democracy? Would you mind diningManager out with me this evening?Democracy Thank you but sorry. Iûve got an appointment already.

(In fact, she doesnût have any date but she knows thatunion members will question her behavior if she goeswith him.)

ing in and you have to follow no matter whether youagree or not.

Everybody After trying to explain, you still donût listen to us.Weûve to fight to the very end.

Personnel Youûll see who is the regulator in this factory. YouûveManager to follow my instructions.

No doubt, four union committee members receive a written warning andare suspended from work with no payment for violation against superiorûsinstructions. Every member files the case to the Ministry of Labor toconsider whether the action of the Personnel Department is againstemployment conditions, and whether the Department should consult withthe union before announcing the regulation.

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Stick PlanIt uses regulations to pressure workers to break company rules

and punish them by fine, warning letter, or dismissal without sever-ance pay.

Disciplinary Punishment

ë Many inhumane regulations: if workers violate any regula-tions, they will be hugely fined, or receive a warning letter, or bedismissed.

ë Subcontracting out work to reduce workers’ bargaining power(and to support their production in case of strikes)

ë Suspension from duties without pay in case of breach of anyregulations

ë Transfer of union leaders or committee to work alone or faraway from members

ë To put pressures on workers till they resign by moving themto work in worse places, to collect garbage and clean toilets, or towork in the department they are not good at.

ë Stricter regulations about the shirts, pants, shoes, and in-outclocking of workers, especially union committee and members

Other Pressures

ë Try to make union leaders feel uncomfortable and frightenedby using camera, guards, and supervisors to monitor their perfor-mance.

ë Force the workers who are afraid of being terminated to pres-surize the workers who are union committee and members.

ë Force the wife/husband to pressure her/his spouse (in casethey work in the same place.)

ë Do not allow even one day of sick leave with no doctorcertificate.[by law it is three days]

ë Do not allow meeting’s leave if there is no invitation letterfrom a government agency.

ë Check at home if the person is really sick.

ë Hire advisors ( for as much as 10 million Baht) to break theunion.

ë Set up a union that the company can control.

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Personnel Please... I want to dine with you. If youûre not availableManager today, it can be any day. You can tell me all the time.Democracy If youûd like to pay for a meal, you should pay for

everybody. If not, they will say youûre biased.Personnel I appreciate your ideals. You love your members soManager much!

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Organizing during lunch break between unioncommittee0 and union members

Negotiation The trade union belongs to all of us, not to me, nor tothe chairman. Itûs ours.

A member The chairman and the committee members are respon-sible for taking care of members because we electedthem, arenût they?

Negotiation Of course, every committee member and I feel veryhonored that every member trusts us. By the way, wecanût work alone. We need your help. Letûs see what aunion is, how it benefits us, our families and our soci-ety. We should run a campaign to promote all workersto be union members. If all workers are union members,the union will get stronger and have more bargainingpower when dealing with employers. The heart of theunion is the strength from all members, not only me,nor the chairman.

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Cat PlanIt includes the measures to separate and break a trade union

by offering compensation to union leaders to withdraw themselvesfrom union, or by creating division between union committeeand members.

ë Buy the leaders by offering them money in exchange fortheir resignation from company or for something else.

ë Promote the leaders to be supervisors with or without con-ditions to resign from union.

ë Entertain the leaders with food, overseas trips, expensivegifts, car, gold, etc.

ë Try to convince workers they are “the same family and itis not necessary to tell other people about the problems in thefamily.”

ë Give the workers who are not union members’ higherwages, bonuses, allowances and costs of living than those who are.

ë Ask for sympathy from union committee and membersby claiming that the company makes a loss.

ë Do not follow what is promised to union.

ë Ask government officials to take part in order to stopnegotiations, strikes, and requests.

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A member May I talk off the point? I heard that our union chairmanwas trying to have dinner with Personnel Manager, andasking him to transfer her to another department.

Negotiation Where did you hear the news? I think itûs not true.Democracy told me that Personnel Manager was tryingto dine with her many times and she kept refusing.

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A member I heard from my colleagues and donût know where theyget it from. They are very angry that Democracy istwo-faced. She looks helpful to us but she tries toplease Personnel Manager behind us.

Negotiation Cool down. I think our chairman is able to explain thisto us.

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With anger, the chairman rushes to meetPersonnel Manager.

Democracy Why did you tell workers that I tried to dine with youbecause I wanted to move to other department? Youknow what the truth is. How come you treat to me likethis?

Personnel Isnût it true? Isnût it you who told me that your line isManager hot and uncomfortable? I just wanna help by moving

you to the store.

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Democracy I didnût tell you to move me and Iûm happy with mypresent work.

Personnel Anyway, I will move you to Store Department. Itûs goodManager for you. Youûll work alone there.Democracy Are you crazy? I know you wanna keep me in Store

Dept. and I wonût meet union members.Personnel When you see members, you urge them to be aggres-Manager sive to me. If you are away from them, itûll be easier

for me to control them.Democracy If you insist to move me to the new department, youûll

receive the court writ. I keep this as the change ofemployment conditions without my consent.

Personnel Weûll see who is big here between you and me. If IûmManager not good enough, I wonût be hired a Personnel Manager

and get 50,000-60,000 Baht a month.

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After work meeting in the evening in union room...Democracy There are so many things for us to solve. We donût

have time to provide training to members. It seemsthings getting messed up. Iûve just argued withPersonnel Manager because he told that he wouldtransfer me to Store Department.

Liberty Itûs his way to separate you from other membersbecause he knows that every member loves you.

Independence It may be the Managementûs technique to make ushave no time to train members.

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Negotiation It might be more than that. We were harmed, annoyed,and disciplinarily punished. And there is a bad newsthat deliberately makes members lose trust and confi-dence in us.

Unity You see the guy who often comes to Personnel Dept?Aon (Chairman of alliance union) warned that we haveto beware that guy. He is hired to undermine the union.I heard that heûs got 25,000 Baht a day from givingadvice to our management.If our employer can pay him that much, it means weare gonna face a big fight.

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Libra PlanIt includes the measures that involve court and legal pro-

ceedings. Since it requires time and money, workers are at a disad-vantage. Most employers use this plan to dismiss workers withoutgiving them severance pay. Workers have to submit their petitionsto courts for severance pay which will take ages to reach the deci-sion. Besides, employers may sue workers with any charges in or-der to receive approval from the court to dismiss employees’ com-mittee members (union leaders).

ë File lawsuits against union leaders (by mailing the courtwrits to their hometown in provinces so that their families arefrightened and call them home.)

ë Bring lawsuits to Supreme Court

ë Bring lawsuits to Labor Court

ë Bring lawsuits to Civil Court

ë Bring lawsuits to Criminal Court

ë Call the police to put workers in jail, giving them anycharges they can think about.

ë Ask government officials or judges reconcile with workersin the way employers want.

Threat to relocate the factory in border provinces, foreigncountries (eg China, Vietnam, etc.), or the places where workersare cheap and are not aware of their rights.

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Following month.....

There is a court writ mailed to the union chairmanûshouse in Karasin Province. The Personnel Depart-ment has accused her of being aggressive to a supe-rior. Because of her position as an employee commit-tee member, the employment termination requires acourt approval.

Mother (Crying)Older Sister Democracy! What did you do? Why they sue you?

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Mother Oh! Will she get imprisoned? No! No! I wonût let herstay on in Bangkok. You call her back.

Older Sister Iûll see her and ask her back home.

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At the apartment of Democracy...Democracy Itûs not a big deal and actually not necessary for you to

come here. Donût worry about it.Older Sister You still said it doesnût matter? No one in our family

was sued. We donût have money to fight with them andpeople will gossip.

Democracy Donût be frightened! Itûs not an embarrassment. I didnûtkill anybody. Personnel Manager has done this with mebecause Iûm the union leader.

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Older Sister Union! You shouldnût get involved with it. Itûd be betterto work only. You asked for trouble! We are concernedabout you.

Democracy Because most people think like you, so many employerskeep us down. Whenever they are not happy with us,they deduct our wages, or sometimes donût pay. Whenwe have a union, they canût do that anymore.

Older Sister But itûs dangerous. Mom and Iûre worried about yoursafety.

Democracy Tell Mom donût worry about me. Iûm not fighting alone.There are many who take my side.

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At the monthly union meeting in a union room...

Democracy Did you see the invitation to join the seminar aboutçEqual Rights of Thai and Foreign Workersé? It will benext Sunday.

Negotiation Sounds interesting! We should go. Personnel Managersaid if we cause so many troubles, they will hire Bur-mese workers to replace us.

Liberty Yes, Burmese workers are taking our jobs. They arecheaper and work harder and they donût negotiate forhigher wage.

Democracy There is another point. Itûs said in the invitation letterçif we allow the nationalist concept to prevent us fromlearning the problems Burmese workers are facing anddo not join in fighting for their right protection, that willbe weakening the legal procedures for Thai workersalso. Besides, employers will use Burmese workers asthe excuse of forcing Thai workersû wage down.é

Freedom Obviously! I know that Burmese worker receives only50-80 Baht a day. They work harder than slaves, andthe accommodation and food given by their employersare veryterrible.

Bargain If we let a lot of border workers come in, weûll losejobs.

Democracy Many kinds of work that Burmese workers are doingare the work that Thai workers donût wanna dobecause itûs çdirty, dangerous, and difficulté. Suchwork has low pay and no welfare.

Equality I wanna join this meeting. How many people they invite?

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Democracy Three for our union. Who else wanna go. One isEquality.

Unity I wanna go.Liberty Me too.Democracy Ok, Iûll give them the names of our union representa-

tives; Equality, Unity and Liberty. Three of you have topay full attention to the meeting and report the resultto us.

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While the union chairman is sued to be terminated, union committeemembers and leaders do not just sit by. They keep organizing and try totalk with their members during lunch and after work so that all membersare not afraid too much that they will be terminated.

Freedom Toom, youûve not to worry about Democracy. Weconsulted with the lawyer. He said the employers donûthave sufficient grounds to terminate her. PersonnelManager wanna frighten us. They think we are afraidof government officials and courts.

Toom At first, we were scared. Because behind your present,(a member) Personnel Manager tries to tell us to resign from the

union if we donût wanna have trouble and wanna getbonus and iligence allowance.

Freedom Do you and your friends believe what they said?Toom We donût believe them. For just over six months that

we have the union, we notice that management andPersonnel Manager are more careful about the waythey treat us. They donût curse us anymore as if wewere fools like buffaloes. No more money deduction:30 Baht for late coming, 50 Baht for not putting thename tag on the shirt, and 50 Baht for wearing wrongcolor jeans. We know now that trade union can reducethe Managementûs pressure on us.

Freedom Absolutely! Itûs because we recognize our rights. Wedare to fight more for rightness and justice becausewe know we are not alone, donût we?

Toom Please tell Democracy that although we are loweducated, it doesnût mean weûre such fools that the

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Personnel Manager can do anything with us. Manyworkers still hesitate to be union members becausetheyûre frightened of being fired. Iûll help talk with them.

Freedom Having a member like you, our unionûll get stronger forsure.

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At the Union meeting (2 month later)...

Negotiation Iûve got papers about how to bust a trade union. Itûsrelevant to what weûve been facing. I bring to you all.(Everybody sees the papers).

Liberty Hey! Itûs exactly what weûve encountered. They arecalled Dog Plan, Cat Plan, Stick Plan, Libra Plan orNation Unity Plan.

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Solidarity After considering the plans, what weûve experiencedare whatûs said in these plans.

Bargain Yes, look at the back part. Whatûs called çStrategies ofAdvisor 1é is similar to whatûs used in our factory, oritûs the same person?

Independence No doubt, it should be the same person. There are nota lot of advisors famous for busting trade unions.

Bargain Itûs sad that there are some union leaders who areupposed to give advice to workers but instead theybetray the workers.

Democracy I heard that as well. So, I think itûs necessary for us tolearn from history and try to understand who is who inlabor movements, including their action and attitude.Anyway, we can notice who is sincere to help us. Forthose who live in luxurious places and drive expensivecars and we have to crawl down on our knee to meetthem, if they receive minimum wage and donût getbribes, they canût have such luxurious things.

Freedom Certainly, itûs not hard to check if we wanna do.Equality Itûs not only the employersû advisors that can get rid of

us, but also our own weakness and union membersûlack of understanding. If we donût explain to membersabout what we understand, the management will stepin and break the union.

Bargain Thatûs right! Weûve got to be giving education to ourmembers so that they see through what the manage-ment is doing. We have to live in liberty and unity, likeyour name Unity.

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Solidarity Thatûs not enough. We need to have the decisionmaking process thatûs based on a democratic concept.We should allow our members to take part in or examineour operations.

Negotiation After facing the pressure from the management, I thinkwe need to have a shadow committee that works alongwith us. If anything happens to us or if weûre preventedfrom meeting members, the shadow committee will beable to replace us right away.

Democracy All ideas from you are the core elements of a tradeunion: participation of members, unity, democracy,shadow committee, and training. One thing I want toadd is independence. Weûve to be independent of theinfluence of any political or interest groups that willuse us a tool. Weûve to join in proposing political policyand labor laws that protect workers and have betterwelfare. If we donût push forward legal improvement,we will live in difficulties.

Independence How thoughtful! Weûre proud to have a union leader likeyou. You understand and donût seek benefits from thepower you have. Weûll patiently and strongly help youfight against any form of attempt to break the union.

Solidarity If we discuss about problems and brainstorm to seeksolutions like this, I believe the Personnel Managercanût do anything to us though they hire a good advisorfor as high as 25,000 Baht a day.

Freedom Yes, but we need to understand laws and companyregulations well.

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Liberty We have to use our brain and fight with peaceful means.Anyway, we wonût be compromising too much.

Democracy Weûre still new. The union has been set up for a fewmonths and weûve to face the big fight like this. Bylearning from the lessons of other unions, weûll see ifwe get stronger, the pressure by employers will beweaker. We wonût stop train-ing and strengtheningmembersû relationship. The management likes to hitbehind our backs. If weûre strong, they donût dare doanything with us. If we donût have any action, they willattack us again. So, we have to be alert and ready allthe time.

Negotiation Some strong unions have a strike fund of 10 millionBaht to support themselves in case of strikes orlockouts. This is important. If we start collecting thefund now, it will help members when there areproblems.

Everybody Extremely agree!Democracy Comrades!Everybody Yes!Democracy Fight or not fight?Everybody Fight!

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Appendix 1

Suggestions

1. Do not make decisions on your own. Before making any deci-sion in the name of the union, committee members shouldmeet to agree on a position. If it is necessary, the meeting ofunion members should be called.

2. Do not talk alone with the management. In case of negotia-tions, a group of members or the whole union committeeshould meet the management.

3. Absolutely do not sign your name on blank papers or on thepapers with texts in the languages (eg. English, Chinese, etc.)union members do not understand.

4. Do not panic if receiving court writs.

5. In case of being bodily hurt, go to hospital and ask for a doctor’s examination result as a medical certificate before reportingthe incident to the police. (It is essential to see a doctor (whilethe wounds are still fresh) before going to police station.)

6. Being accused of theft (and forced by policemen), do not ac-cept if it is not true. The accused has the right to consult witha lawyer.

7. Emergency telephone numbers (eg. The Law Society of Thai-land, union advisors or committee members) should be keptwith oneself all the time.

8. Study Labor Protection Law (B.E. 2541 version), Labor Rela-tions Act, and the Constitution of the Kingdom of ThailandB.E. 2540, and have the manuals of the laws.

9. What worries the management are not only capable unionchairman, strong committee or team of advisors, but also thestrength and unity of all members who understand the situa-tion of their union.

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10. To make members stronger, the following should be performed:

ë Providing members the continual training about the tradeunion operations, labor laws, labor situation, and as muchas possible information about structure of factory (manu-facturing procedure, customers, and the company’s connec-tion with politicians)

ë Regularly communicating to members about what’s hap-pening via announcement board, newsletter, meeting, vis-iting, personal talk, etc.

ë Promoting members to take part in all levels of decisionmaking

ë Encourage transparency, democracy, and cross-check bymembers in the operations of union

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Strategies and tactics to break trade unions and to re-spond to workers’ strikes of two well-known advisorsto employers

Strategies of Advisor 1

1. Analyze each strike.

2. Seek the strike leaders and analyze them.

3. Try to cause as many difficulties as possible to strikes.

4. Monitor the situation of the strikes by means of VDO, camera, andmen.

5. Open the entrance-exit ways for workers who do not join strikes.

6. Immediately hire new workers.

7. Outsource work.

8. Call all security guards to be in charge, and prepare food, communi-cation equipment, water, and fire extinguishers.

9. Try to contact those who support workers’ strikes.

10. Keep communicating with policemen about the situation but donot let them be obviously involved with the incident.

11. If possible, announce a lockout.

12. The Management has to consider who is reliable to be used in case ofemergency.

13. Give insignificant work or less work to workers who are difficult tocontrol. Ensure that reliable workers are working close to the factoryso that they can quickly receive orders in case of emergency.

Appendix 2

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Strategies of Advisor 2

1. The purpose of recording the situation on VDO

2. What to do if the entrances and exits are closed

3. How to monitor workers’ mobs

4. Change of staff bus-taking point

5. What to do if being threatened at home or dormitory

6. Are workers’ requests legal?

7. When does the agreement expire?

8. How to record the negotiations

9. Assignment of what to do after negotiations

10. When the counter request is expired?

11. The reasons of counter request and when to submit counter request

12. After strike, cancel work shifts

13. How to make workers resume work

14. What does the letter to cancel requests look like?

15. What are the advantages of the court’s urgent interrogation?

16. Who protects expensive machinery?

17. Should finished goods be moved?

18. After negotiations, ensure all or groups of workers resume work.

19. Mental rehabilitation

20. Change the responsibilities of the union leaders who start movements.

21. Try to play for time.

22. Protect electric generators

23. The purposes of the coordination center

24. Season of political mobs

25. Select the welfare that saves money.

26. Try to make use of the employees-related statistics.

27. How to know each strike in advance

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28. The benefits of the team that drafts the agreement

29. Prevent the press

30. What to do the first second workers are on strike

31. What to do the first second the requests are submitted

32. The reason why there must be the posters looking for workers with adaily wage of 200 Baht

33. What to give to those who are not on strike

34. Worker benefits should be given one after another, not at the sametime.

35. In case the atmosphere is too tense, there should be separated nego-tiations.

36. Preparation of amnesty

37. Beware of Mr. Chili

38. Do not have workers to work on days off to compensate the daysthey are on strike.

39. Beware that the assigned persons will not be able to control mobs.

40. In critical case, intercept police radio signal.

41. When workers are on strike, do not stop machinery.