Tell Jones Apparel to Stop Union Busting in Kenya and Guatemala!

Six months ago, over 1200 workers at the Rising Sun Factory in Kenya, which produces for Jones Apparel, were fired and beaten for protesting the union busting, sexual harassment, and other abuses that were common place in their factory. In addition, in the last two months, more than 25 workers have been fired from the Avandia factory in Guatemala, which also produces for Jones Apparel, simply for exercising their right to freely associate. Send a message to Jones Apparel that union busting is unacceptable and that these workers need to be rehired! If you would like to get more involved here are the dates and contact info for protests happening in a city near you: New York- Sunday Dec. 17 Jessie Leiken 301-512-7109 Boston- Sunday Dec. 17 Jamila Martin 617-549-6813 Philadelphia- Wednesday Dec. 20 Dina Yarmus 215-280-0111 Washington, DC- Wednesday Dec. 20 Zack Knorr 951-368-8004

Sample Letter for Campaign

Subject: Stop the union-busting!

Dear [ Decision Maker ] ,

I am writing to express my concern over the anti-union practices that seem to be common place in factories producing for Jones Apparel. Six months ago, workers at the Rising Sun Factory in Kenya were fired and beaten simply for protesting the low wages, sexual harrassment, and other unacceptable practices that were happening every day in their factory. Many of these workers were blacklisted, and it is my understanding that they are owed more than 500,000 dollars in severance that has yet to be paid. In addition, workers throughout the Athi River Zone, an area in which Jones Apparel is one of the major buyers, have been attempting to renegotiate their collective bargaining agreement for over a year while factory management throughout the region has refused to bargain in good faith.

At the same time, similar abuses have taken place in the Avandia SA factory in Guatemala. Some time ago, your company agreed to participate in a code of conduct compliance pilot project at this factory in which 37 workers were elected by their co-workers to receive training and to become worker representatives. Unfortunately, factory management never acted in good faith with these workers and, in the last two months, more than 25 workers have been fired simply for trying to exercise their associational rights.

I find this kind of behavior to be unacceptable, and would urge Jones Apparel to live up to its responsibilities by ensuring that the following steps are taken:

As concerns the workers of Rising Sun:

1. Ensure that all fired workers are either rehired or receive the compensation to which they are entitled.

2. Participate in good faith in the stakeholder meeting between the Tailors and Textile Workers Union, Athi River EPZ employers and buyers and ensure that buyers are working towards the payment of a living wage in the zone.

3. Offer incentives for employers to end the casualization in the region and to bargain in good faith with the Tailors and Textile Workers Union.

As concerns the workers of Avandia SA:

1. Ensure that all of the terminiated workers are rehired and that they receive all lost wages to which they are entitled.

2. Ensure that the factory management make oral and written statements expressing their commitment to protecting workers' rights, including the right to freely associate.

3. Publicly commit to keeping the level of orders at the factory steady while working with factory management to attain compliance with basic standards of worker rights.

I am deeply disturbed to discover that Jones Apparel Group would even tacitly allow such abuses to occur, and I expect that your company will take the steps necessary to ensure that these abuses are addressed.

Sincerely,

Campaign Launched:
December 14, 2006

Background Information

Rising Sun

Rising Sun factory is located in the Athi River Export Processing Zone (EPZ) in Kenya and has produced garments for Steve and Barry?s University Sportswear and Jones Apparel Group. In January 2003, workers from Kenya?s EPZ factories led a series of wildcat strikes which created conditions where workers were able to freely join a union and negotiate a collective bargaining agreement covering eight factories, including Rising Sun. The agreement gave workers a pay increase and included strict provisions against assault, sexual harassment and abuse.

The CBA expired in October 2005, and employers have since refused to renegotiate the terms of the contract. Workers are now paid the minimum wage, which is far below a living wage. In addition, factories are illegally employing large numbers of casual workers who never sign employment contracts, are not entitled to any leave (including sick leave and maternity leave), are paid less and are not allowed to join the union.

In June 2006, Rising Sun fired all of its union workers and replaced them with casuals in response to a worker demonstration. The workers were protesting after a production manager assaulted an employee by using degrading language and throwing garments at her. The workers were illegally locked out without receiving their severance for almost five months. The 1,200 workers are owed over $540,000.

What did Jones Apparel Group do to help Rising Sun make good on their legal obligations to their former employees? They decided to cease production shortly after the mass termination in late August 2006. At the time that the production was pulled, Jones was already aware of the mass termination; the decision was apparently made by the company?s agent out of concern about the factory?s ability to deliver product on time. A classic case of cut and run.

Avandia SA

Avandia SA, a factory that sells the majority of its product to the Jones Apparel Group (JAG), was selected to participate in a JAG pilot project designed to improve compliance with the JAG supplier standards code, to conduct education programs on the Jones code of conduct, and to develop factory level systems to enforce the JAG code of conduct.

As part of the above described project, 37 workers were elected by their co-workers to receive training and to become worker representatives. These trained worker representatives were being prepared to handle workers grievances with the employer.

After the trainings were completed and the workers reps tried to resolve worker grievances with the company, they were met with a refusal to negotiate by the employer. On October 24 and 25, 2006, a group of the eight of the elected worker representatives were terminated, in addition to a group of approximately twenty two other workers. These workers and their coworkers were singled out for termination in specific retaliation for their efforts to address labor rights issues with management.

The workers concerned, including both worker representatives and workers who were sympathetic to the goal of addressing labor issues in the factory, reported being harassed by members of management during the period leading up to their termination on October 24 and 25.

On November 14, a group of ten workers were terminated by factory management, whose names are also listed in the attached document. As in the case of the workers terminated on October 24 and 25, it appears the workers were terminated in specific retaliation for exercising associational rights and speaking out regarding the termination of their coworkers.

It appears clear that both sets of terminations were inappropriately carried-out in specific retaliation for the workers? decision to exercise of their right to associate with one another, press for reformed labor practices, and, in the case of latter group, complain to government authorities regarding alleged violations of worker rights in the factory.