LIBERIA - SUPREME COURT RULING ENDS FIRESTONE

UNCLAS MONROVIA 001439

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR AF/W PDAVIS, AF/EPS CTRIMBLE, EB/ESC
SSAARNIO, INR/AA BGRAVES

E.O. 12958: N/A
TAGS: ELAB ECON PHUM PGOV LI
SUBJECT: LIBERIA - SUPREME COURT RULING ENDS FIRESTONE
STRIKE BUT CONTRACT NEGOTIATIONS REMAIN UNCERTAIN

REF: A. MONROVIA 1418


B. MONROVIA 887


1. (U) SUMMARY: Firestone employees ended their occasionally
violent two-week strike and returned to work December 22
following a Supreme Court ruling that settled an internal
union leadership dispute. The Court upheld the July 7
election of new leadership for the Firestone Allied
Agricultural Workers Union of Liberia (FAAWUL) but did not
rule on the legality of the work stoppage itself. Firestone
management says it will comply with the court decision and
engage the new union representatives in negotiations. While
the verdict settled the strike and put an end to sporadic
violence that had flared since December 6 (ref A),the impact
on the prolonged Collective Bargaining Agreement (CBA)
negotiations between Firestone and its workers is less
sanguine. END SUMMARY.


2. (U) The Supreme Court decision December 21 reversed an
earlier Labor Court decision that had declared the July 7
FAAWUL election results invalid (ref B). By overturning the
Labor Court decision, the Supreme Court validated a process
set in motion by Minister of Labor Kofi Woods in early 2007
when he suspended Firestone's collective bargaining agreement
with the previous FAAWUL leadership, installed interim
leaders in the spring, and later insisted on a new union
election in July, despite a court order not to proceed. The
election was immediately contested by the General
Agricultural and Allied Workers Union of Liberia (GAAWUL, the
national umbrella union),which successfully petitioned for
the Labor Court ruling that annulled the election. Since
July, despite demands from Woods and the election winners to
recognize the new FAAWUL leadership - demands that eventually
led to the walkout - Firestone management refused to take
sides in the internal row pending an official judicial
decision on the legality of the election.


3. (U) According to press reports, Minister Woods sent a
letter to Firestone management immediately following the
Supreme Court's December 21 ruling calling for recognition of
the elected leadership, the immediate lifting of the freeze
on FAAWUL's account, and the lifting of the suspension on the
Collective Bargaining Agreement (CBA). A Labor Ministry
statement called the ruling a major victory for justice and
democracy and the protection of workers' rights.


4. (SBU) A Firestone representative told Econoff December 26
that most workers returned to work the day after the Supreme
Court ruling. She added that Firestone was awaiting the
actual wording of the decision, but ultimately expected to
comply with the decision and begin talks with the new FAAWUL
leaders. Firestone management has indicated previously that
the new leadership could damage progress made in 2006 as part
of a Collective Bargaining Agreement (CBA) for Firestone
workers, particularly if FAAWUL issues new demands that
contradict deals agreed to by previous FAAWUL leaders.
Firestone does not rule out the possibility that an early
breakdown in talks could lead to a resumption of the strike.


5. (U) The Court Ruling did not address the issue of whether
or not the work stoppage caused by the internal union rift
constituted a lawful walkout or was, as Firestone claimed, an
illegal strike. However, the President spoke directly to the
issue in her Christmas message December 20, saying FAAWUL
leaders would be held accountable for their actions.
Commenting on the FAAWUL leadership dispute, the President
described as "incomprehensible" the willingness of opposing
union factions to call a strike, resort to lawlessness, and
obstruct the rights of others while awaiting a formal
judicial decision.
Booth