Workers Appeal for Help as Just Garments Closes

I am curious as to why Sweatfree Communities was singled out as somehow being responsible for this situation. The "promotion" that the NLC letter refers to is simply a website page talking about Just Garments attempt to become a viable business. If that makes SFC responsible, then maybe Dollars & Sense is responsible also, due to the article that spoke favorably about Just Garments. Beyond that, US LEAP also speaks favorably of Just Garments attempt to buck the traditional "race to the bottom." Should they not be held responsible too?
While some of the accusations are undoubtedly true, I am suspicious of the claim that workers would not sign the statement due to "fearing retaliation" from the manager, Garcia. Where did this come from?
Beyond this, the letter does not at all acknowledge just what D&S menitoned in the 2005 article, that Just Garments faced "roadblocks at every turn." Challenging the sweatshop model of production, that is so enriching to U.S. based corporations is what led to this situation. JG was doomed from the start because they were a threat to the status quo. For the NLC to ignore all contributing factors, and focus on Garcia and Sweatfree Communities, smacks of an ulterior motive.
My opinion on this letter is that it was instigated by SEAC and the Salinas brothers as a way to tarnish Garcia and to try and get their money back by enlisting the help of non-profits in Central and North America.
I am disappointed that D&S would choose to promote this letter that lays blame for the situation on an organization that is doing great work to create a market for non-sweatshop produced apparel. Obviously, you think very highly of the "tireless and wonderful Charles Kernaghan." While I do agree he has done much good work, I also know that many organizations have ended their relationships with him due to his unwillingness to work cooperatively with them. I sincerely hope that this is not an attempt by the NLC to knock out some of its "competition" in the anti-sweatshop movement.
 

San Salvador, April 24, 2007 Dear friends,national and international human rights, unions, and fair trade organizations, We send our best greetings. Recently we learned about communiqué distributed by the National Labor Committee of the United States supposedly in support of Salvadoran organizations. These communiqués attack the integrity of STIT as an industrial union as they accuse us of being a union organized by the substitute administrator of the Just Garments factory, as not representing the interests of the workers, and as not having autonomy, internal democracy and integrity. With concrete facts we can illustrate that these accusations are false and unfounded. We can refute each of the charges against our union, but we will focus on the most evident. The communiqués say that there are no founding workers working at Just Garments. We can mention and verify that there are no less than 15 people who entered during Just Garments' first hiring, among which are several leaders of our union's governing board. We are also accused of not representing the interest of the workers, a claim that is nullified by the simple fact that STIT's board of directors has accompanied and promoted a collective action before the Ministry of Labor, a process that was initiated April 10, 2007. The most recent meeting before taking matters to a judicial level was on April 19. These meetings have achieved the commitment of the legal representative of Just Garments to recognize 100% of the severance pay, salaries and benefits owed to the workers that we represent, which will take place through the legal process, given that the company faces an illegal closure provoked by a third party. This commitment from the factory, obtained through union action, is grounded in agreements signed at the Ministry of Labor, in formal legal documents. We cannot imagine more decisive proof of our adherence to the mission of our union. As a union we represent 66% of all the workers who worked at the Just Garments factory until the month of March. This supersedes the number required by law for a union to be able to represent all of the workers in a workplace. In fact, the collective action in front of the Ministry of Labor is endorsed by 26 of the 39 workers who worked at Just Garments before the closure. Therefore it is clear that those who are spreading the communiqué have been in contact with a minority group that does not represent the workers of Just Garments and should be the last to raise money in their name. Regarding the closure of Just Garments, our attention is strongly drawn to the fact that the communiqués do not mention that the closure has been provoked, not by the administration of Just Garments, but instead by a third party's illegal action, Mr Carlos Siman Safie, owner of the building that Just Garments rents and member of one of the most powerful and hegemonic families of El Salvador. We believe that this omission only benefits this powerful industrialist. Also, we notice the praise given to one of SEAC Intl's founders past with Amnesty International but there is no mention of SEAC's associate manager's previous high managerial position with FEDEX, (a company known for anti-unionism). As STIT, we circulated a communiqué to allied organizations on January 19, 2007, attributing responsibility to SEAC Intl for the ruin of Just Garments, describing in detail the causes, facts, and omissions of SEAC Inc. The primary neglect was to fail on several of their commitments, to not listen to Just Garments' guidance and to expose Just Garments to a vulnerable situation that the Salvadoran government then took advantage of through Customs in order to confiscate a container of cloth. This situation ended up tremendously affecting the workers of Just Garments, and because of that we raised our complaint early before the closure. We are surprised that now the intent is to defend labor rights by defending the commercial interests of SEAC Intl. We also ask ourselves: Where was the National Labor Committee in December 2005 when we launched a public campaign aimed to pressure the brand Superior Uniform Group so that they would bring orders back to the factory and pay fair prices and salaries to Just Garments workers? (http://www.clrlabor.org/alerts/2005/dec08-justgarments.htm) On that occasion we did not receive their quick and disinterested response. We lament that an unfortunate situation that affects all of our comrades at Just Garments is being taken advantage of and distorted by the NLC and SEAC Intl. The latter has never done anything to merit recognition or certification of "Fair Trade". We respect, however, the trajectory of most of the Salvadoran organizations that signed the communiqué, given that we understand that they have acted with partial knowledge and that their understanding may even have been manipulated and distorted from reality. As an industrial worker's union, we are accustomed to attacks by the Salvadoran government and by apparel business owners. This was the case when we suffered death threats in January 2006 during our campaign to support the workers of Evergreen-Campus (a former supplier to the brand Columbia Sportswear), which we denounced to Law for Defense of Human Rights [http://www.pddh.gob.sv/]. We never expected these visceral attacks from the supposedly allied side. Sincerely, Joaquin Alas SalgueroGeneral SecretarySTIT General Board of Directors
 

I hope, "jh42x", that you do all you can to find out the answers to your suspicions and then post your findings.

Your question about our instigation is a good one. I did write to Bjorn Claeson and Bama Athreya on April 13 that i was going to denounce the invitation to Gilberto to the national conference of anti-sweatshop advocates. I had briefed both of them in detail about the serious irregularities we encountered at Just Garments.

It turned out that Salvadoran organizations were equally outraged about the continuing blindness of US organizations about what has been going on at Just Garments. And they asked for details about what happened to SEAC.

As to getting our money back, for starters we want Just Garments to acknowledge their default! We are expecting a judgement from a Salvadoran court about this question. And we want Mr. Garcia to acknowledge that the container stuck in Customs is indeed ours.

More important, we identified a Salvadoran factory willing not only to make whatever changes might be necessary to conform to "sweat-free" standards but even to employ the remaing workers of Just Garments. Because despite this we do believe in the possibility of a "sweat-free" enterprise.

As to Mr. Alas's message, i think he should post the "communiqué to allied organizations on January 19, 2007, attributing responsibility to SEAC Intl for the ruin of Just Garments."
 

To our readers: We are carrying out an investigation of these charges and will print an update in the September/October "Labor Issue" of Dollars & Sense magazine.
-DF
 

Comrades: Las Dignas and IDHUCA(Human Rights Institute of a Jesuit University) are serius organizations located at El Salvador.
If they said the workers at Just Garments were exploted and abused, I believe so.
I think also Mr. Kearnegan and the Salinas brothers were cheated.
If the money received by JG, did't went to the employees, must be still at a bank account, and the doners has the right to ask for it!
 

I congratulate Dollars & Sense blog for the promise to investigate this story further.

That is precisely what is needed: a full, impartial, and exhaustive investigation.

In the meantime and thanks to google, i have found the January 19 letter from Mr. Alas and it is quite misleading.

What is astonishing however is not that it would be misleading but rather that it was sent to US NGOs who are supposed to investigate these situations and yet, despite of our being in close contact with them at the time and informing them of our every move up until the moment we filed suit - they did not for a moment approach us and ask us about the veracity of Mr. Alas's claims.

What is needed is as much investigation as possible from people interested in getting at the truth rather than circling the wagons.
 

Dear Mr. Kernaghan,



Warm greetings from the organized group of former workers of Hermosa Manufacturing.



To be quite honest, we want to communicate our surprise to learn of the public attacks against CEAL and STIT which have been circulating electronically and which have been endorsed by the organization that you represent.



We knew well in advance that the crises generated in the Hermosa Manufacturing S.A. de C.V. (mayo/05) in which our labor rights were violated, which brought us to the point of needing to organize as a union, and which was the excuse used by the owner to close the factory with all the illegalities that this implied. Your representatives (CNL), had knowledge of all these serious violations that we, the women and men who worked in this maquila were living, but never gave us any type of support during the 24 months that we were in crisis which has come to the attention now of the national and international communities.



Today we can recall these events after having survived these attacks on our basic human rights, only because of the support of unions and national and international solidarity organizations, including CEAL and STIT, organizations who without trying to profit from our precarious situation, offered their valuable collaboration, support, consultation and who accompanied in our demonstrations in the streets; support that help us to set a HISTORICAL PRECEDENT when for the first time in El Salvador the owner who robbed our money that was withheld from our checks for social security and pensions was sued.



Mr. Kernaghan, we hope that you can reflect on this situation and instead of contributing to the destruction of very important organizations in our movement, we forge unity for the sake of the strength of our organization.



In light of what we have written here we request to you withdraw the assaults against CEAL, STIT and the person of Gilberto García, because this strengthens the detractors who are in the government, big business and organizations that are not recognized and respected in the country; those who have reason to celebrate this situation.


Grupo organizado de Ex trabajadoras de Hermosa.
 

Is important all the efforts to clarify the horrible mean to expose the difficult situation of the workers in JG.

Mr. Salinas, said that they "we identified a Salvadoran factory willing not only to make whatever changes might be necessary to conform to "sweat-free". This factory is "Lopez Hermanos" this factory was denounced by the CIOSL (the most important union confederation in the world) in this web site, for anti union activity:

http://www.cioslorit.org/detalle.php?item=3525&leng=es

Is very difficult that this company is a Sweat Free source. This company is very close with the SEAC´s Lawyer in El Salvador and clearly is a business interest, behind this denounce instigated by SEAC. Sadly, many NGO´s was engaged, when SEAC said them that they had helped in good faith to Just Garments. Our letter is complaint early, and make the details with times and facts that SEAC wants to hide. The truth coming to showed.

The most sadly thing is that surely, the brands and the maquila owners are making fun of all the thing.

*********************

San Salvador, 19 of January of 2007

Dear Friends and friendly organizations.

In recent days we have come to see differences between SEAC and Just Garments. These differences are bringing an end to the possibilities of joint work between both enterprises. This has gravely affected the interests of the workers, women and men, affiliated to STIT, whom we represent.

Though initially we had thought to remain at the margin of this discussion, we have also come to learn that there have been proposals made around the future of the workers at Just Garments and we believe that minimally and for the respect of our dignity as workers and as a union, we should be consulted before launching whatever proposal that involves us. Nevertheless, before entering into these points we believe it is necessary to briefly summarize what has happened in the last year, given that we are witnesses to all of that which has occurred.

Since February of 2006 we received with joy the news that two Chilean/US investors were interested in investing in Just Garments after having seen the proposal that circulated at around that time known as “Beta Test”. We know that the investors began to lay out money in those days in order to prevent the closing of Just Garments, which added to the efforts of our organization which was also fundraising.

When the partnership between SEAC and Just Garments was taking form, the first thing that we always requested was to take timeframes into account, as the workers had already suffered a great deal and that it was practically impossible to maintain JG for much more time with subcontracted orders that are not well paid.

We believe that the first error was that of SEAC in discarding the offer of help from experts in the "Sweat Free” textile market. Later they took control of all of the operation and formed their own team. Later an impasse was reached in April when SEAC offered to pay a lower price to JG for ttshirts that had been proposed in the Beta Test. For the workers this implied earning less than initially laid out. But even so, after the whole package was explained to us, we carried out an Assembly with 100% of the personnel that voted with secret ballots, authorizing the legal representative of Just Garments, Gilberto García, to accept the conditions of SEAC and to negotiate the best conditions that would be possible for Just Garments and the workers.

And so in mid May of 2006. the shareholders of SEAC visited El Salvador and laid out that the deal with JG was to include a loan in order to put the enterprise in a healthy business position and that they were going to lend the container and accessories in exchange for that JG would sell them every tnshirt at .65 cents (US) and SEAC would include $1.00 in the price of every shirt for its costs. Obviously, this was not the good work to provide an opportunity to help the workers that had been expected.

During the 19th and 20th of May, 2006, negotiations were held in San Salvador in which SEAC committed to placing the container in El Salvador by June 21, and JG committed to export it by the 10th of August, 2006 at the latest. STIT committed itself to being a factor of support for productivity and efficiency. In the same manner, SEAC committed itself to immediately providing a legal format that the friends of JG and STIT could sign as backing for their debt, acquired on behalf of JG.

Between May and September of 2006, the commitments agreed to by SEAC suffered a grave setback. During these months, we the workers had to support the weight of continuing to confront the grave deterioration of the economic crisis in JG, as the financial situation of the enterprise was deteriorating. The container arrived with setbacks for which we never obtained an explanation. It arrived in El Salvador on September 2. In the middle of the month of July, we received a copy of communications from JG that warned SEAC that the container could have problems if JG did not receive the funds from SEAC in order to be paid up with social security and pensions. In the following weeks these warnings were constantly repeated, therefore we believe that SEAC cannot adduce ignorance of this legal requirement.

For the above reason, Customs did not allow the container out while accounts were not settled with the Pension Fund Administrator and Social Security.
Nevertheless, it was not until the 19th of September (with the container already in Customs), that SEAC presented JG with the drafts for the legal agreements with which it had committed to presenting in May. SEAC also argued that while these accords were not signed, it would not proceed to give JG the funds for social security and pensions. JG did not accept various clauses due to their being damaging or inconvenient for the enterprise and its workers( the negotiations around the language of the agreements dragged on through mid October. We were also witnesses to the majority of the meetings. Meanwhile we, the workers, continued to confront late salaries, energy cuts in the factory, suspensions of work provoked by the owner of the installations and other difficulties that affected us and our families.

On October 6, it was already of general knowledge that the container was under abandonment status in Customs. Nevertheless, SEAC sent a new message confirming that the funds would arrive in order to pay social security once all of the agreements were signed. The agreements were finished being signed on the 20th of October, although the documents were dated October 11th. The legal agreements that were signed between SEAC and JG included a process for mediation in the case of whatever conflict and this process is a condition prior to whatever action of SEAC to declare the debts of JG as defaulted on. The proceeding agreed to in October that will take on importance further on states, according to the documents that were provided to us, that:

“prior to the occurrence of whatever event of default, and in whatever moment during the continuity of said event of default, whichever of the parties may propose a Mediation, for which a mediator should be named that has knowledge of the matter, who will be deemed as credible by both parties and who will not prolong the process as it should be resolved in the maximum time frame of 30 consecutive days, and save that both parties would be in agreement that there exist advances that merit prolongation, which will be made for the time frame considered convenient; this period coming to its end the LENDER, through written notice to the BORROWER to this effect, may declare the ability to demand the immediate payment of all of the obligations of the BORROWER imposed by the present instrument.”

Nevertheless, during the months of October and November, SEAC and JG jointly initiate different legal and political actions in order to attempt to liberate the container, given that Customs demanded an amount in taxes that none of the enterprises could pay. As a union we supported these efforts given that we consider that these taxes were charged as an unjust measure and specifically aimed at Just Garments, which has direct negative impact upon its workers. Later, during December, evidence of some direct support from SEAC for these efforts diminished and, to the contrary, SEAC begins to demand that JG resolve the situation alone. For its part, JG continues in December and until January, with its efforts with customs. It also brings its petitions to the international and national levels, to the commercial authorities of the U.S. and the Ministries of the Treasury and of the Economy, soliciting that they equitable treatment be given in the case of charging taxes, given that JG possesses a tax free status.

Still on January 5, 2007, before the requests from JG to promote joint actions, SEAC manifests that it had been working a good deal in order to resolve the problem of the container in the best manner possible, but that for the moment it was not possible to give JG information around SEAC(s plans.

Now we know that SEAC was not carrying out efforts in good faith. We know that it was contacting labor rights organizations in the United States, trying to generate a climate of doubt around the financial integrity of Just Garments and also around our union. At the same time it was in conversations with a Salvadoran enterprise that has a doubtful record of respect for labor rights and freedom of organization and that it tried to transfer to that company the container of cloth and pressure the organizations from the United States so that they would give the status of “Sweat Free” to said enterprise. At the same time they threatened to take legal action against Just Garments and its legal representative.

We also know that SEAC maintains an attitude of intimidation toward JG, seeking that JG renounce the legal accords that were signed between both entities. We know that SEAC is negating adherence to a mediation proposal by JG which is based in the legal agreements signed by both enterprises.

For its part, we know that JG is passing through one of the worst crises in its history, with electricity cut off since the 28th of December and without the ability to operate. But JG has also developed promising e efforts for the reorganization without SEAC, with its operations always focused in the “Sweat Free” market of the United States and in some local sub contracts.
STIT activists and volunteers as well as those from sister organizations have been selling JG Thshirts in the streets and plazas and obtaining solidarity financial support from national and international organizations.
This has permitted that, while in this moment of crisis and without being able to operate, JG has been making payments to the workers in order to lessen the negative impact of the crisis and it is close to putting the factory into operation once again.

Finally, we know that SEAC has been saying that it will give jobs in other factories where it takes the container to the workers of JG without even asking us as the union, and even less so, the workers, whether that is what we desire.

Due to all of the above, the Union of Workers of the Textiles Industry, STIT, an organization legally recognized and of broad trajectory that represents the workers of Just Garments and those at many of the other Salvadoran textile factories, we manifest the following to fraternal organizations at the national and international levels:

1. That we consider SEAC International to be responsible for the grave crisis that disheartens the workers of Just garments, for not having acted with efficiency in its commitments acquired in May of 2006 in our presence.
2. That we consider SEAC International responsible for not having listened to the warnings of JG around problems that it could confront with the container if SEAC would not comply on time with commitments to provide funds for Social Security and Pensions. We consider this to be what opened up vulnerability around the actions of Customs to retain the container.
3. That for the good of the workers, SEAC and Just Garments should resolve their differences in a process of mediation as agreed to in the legal documents.
4. That we regret that SEAC International does not accept compliance with the legal agreement around mediation in order to resolve disputes proposed by JG; which directly affects the workers in prolonging a sterile dispute.
5. That we consider an act of disloyalty to the workers of Just Garments and our organization the attempt to discredit us and pressure under threats the organizations in the US in order to consider as “Sweat Free” a factory that does not meet the generally accepted requisites.
6. That we consider it an act of disrespect and offensive the making of plans and proposals around the workers of Just Garments without consulting our organization and those same workers.
7. We consider that Just Garments should defend itself publicly and legally from accusations, threats, non compliance with the agreements on the part of SEAC, and that on this point it will have the support of STIT in the case that it is requested.
8. That we consider that Just Garments should not leave without effect the legal agreements signed by both enterprises and that it should struggle to make them be respected for the good of the workers of Just Garments.
9. That we support all efforts so that Just Garments recuperate from the current situation and that it comply in the briefest time possible, with the technical and productive requirements and for the respect of labor rights to export T shirts to the “Sweat Free” market.

Finally, we clarify that we absolve Mateo Eisen, ex legal representative of SEAC International in El Salvador, who in every moment carried out the greatest efforts so that this would function from all reproach and responsibility. In our opinion he did not have the support of the rest of the people at SEAC International for his efforts carried out in good faith.


Joaquín Alas Salguero
Secretario General
Junta Directiva General de STIT

Marta Sonia Díaz
Secretaria de Organización y Estadísticas Junta Directiva General de STIT