UPDATE ON LABOR DISPUTE AT HANESBRANDS PLANT IN

UNCLAS SANTO DOMINGO 002131

SIPDIS

SENSITIVE
SIPDIS

STATE FOR WHA/CAR

E.O. 12958: N/A
TAGS: ELAB PGOV DR
SUBJECT: UPDATE ON LABOR DISPUTE AT HANESBRANDS PLANT IN
BONAO

REF: SANTO DOMINGO 02006


1. (U) On September 10, POLOFF called on Washington Gonzalez,
the Ministry of Labor's Director General of Labor, to discuss
the labor dispute at the TOS Dominicana textile plant in
Bonao (owned by the U.S. firm Hanesbrands, Inc.) (Reftel).
The Ministry of Labor (SET) is carrying out a verification
process to determine if The United Union of TOS Dominicana
Workers has been able to achieve the absolute majority
required under Dominican law to establish collective
bargaining rights.


2. (SBU) Gonzalez said that the verification process was to
begin later that day. POLOFF encouraged SET to carry out a
process that is fair, transparent, and credible. Gonzalez
replied that he was committed to the fairest process
possible. He said that in the past he had suggested to
Hanesbrands that the company not contest the difference
between the union membership of, say, 40, 50, or 60 percent.
Rather, Gonzalez advised, the firm should learn to live with
a union that has demonstrated that its membership constitutes
a significant proportion of the plant's workers.


3. (SBU) Gonzalez emphasized to POLOFF that he had sent his
senior labor inspector to Bonao to handle the verification,
and that the other two members of the inspection team were
also experienced employees. He said that he had chosen these
Santo Domingo-based individuals because of the importance of
this labor dispute and because the union had criticized the
performance of the Ministry's Bonao inspector. (Note:
Gonzalez said that he did not necessarily agree with the
criticism of the Bonao inspector, but that he wanted to be
responsive to the union.)


4. (SBU) Gonzalez also addressed some of the details related
to the verification process:

-- He said that he is giving his inspection team the latitude
to make decisions on the ground in Bonao. As a result, the
team itself will decide how many of the 555 workers that the
union claims as members will be interviewed. (Note:
Regarding the union's request that its membership list from
the date of original filing be used, Gonzalez would not
comment specifically; however, he was clearly aware of this
issue and of the need to prevent either side from altering
their numbers at a later date to prejudice the count.)

-- During interviews with employees to determine whether they
are union members, Gonzalez prefers that neither the company
nor the union have representatives present. However, if one
side requests to be present he must accept, and that would
then require that the other side also be present.

-- SET has good information on the total number of workers at
the plant (vice the number of union members),since the
company is required to provide this information to the
Ministry and has done so on several occasions.

(U) This report and additional information can be found on
Embassy Santo Domingo's SIPRNET site,
http://www.state.sgov.gov/p/wha/santodomingo/
BULLEN