Argentina: Kraft Conflict Heats Up As Police Remove Workers

UNCLAS BUENOS AIRES 001084 SIPDIS SENSITIVE DEPARTMENT PASS to USTR KKALUTKIEWICZ TREASURY for WLINDQUIST LABOR for INTERNATIONAL RELATIONS JANE RICHARDS E.O. 12958: N/A TAGS: ECON EINV EIND ETRD ELAB PREL PGOV KSAC AR SUBJECT: Argentina: Kraft Conflict Heats Up As Police Remove Workers From Plant Sensitive But Unclassified - Not for Internet Distribution or Use by Private Parties -------------- Summary -------------- ¶1. (SBU) On Friday September 25, the government of the Province of Buenos Aires, with the support of the federal government, implemented, after much hesitation, a judge's decision and ordered the police to move into the Kraft plant in the suburbs of Buenos Aires. The police forcibly removed about 50 dismissed workers who had been illegally maintaining a presence in the plant and preventing it from operating at full capacity since September 4. The workers had acted after Kraft refused to reinstate 156 workers fired for physically preventing management from leaving the plant during a dispute on July 3 over measures to prevent the spread of the H1N1 flu virus. The principal, recognized union at the Kraft plant has not supported either the original demand or the subsequent plant occupation. The dismissed workers have succeeded in turning this dispute into a very high-profile issue by, for example, blocking a major highway out of Buenos Aires. The police action of a few days ago generated non-stop media coverage. The workers'cause has been adopted by the more extreme, dissident wing of the labor movement as well as anti-globalization protestors and bloggers, and there are likely to be further demonstrations and work disruptions in the coming days. There is increasing concern in the business community of greater labor unrest across sectors, as the current economic recession in Argentina impacts the average Argentine worker and family. The Mission has been quietly encouraging the GoA and Kraft to find a solution to the conflict. However, a leak from the Buenos Aires provincial government officials about its conversations with the Embassy prompted headlines about the Embassy's role. In response, we released a short press statement expressing the expectation that the workers and company will soon return to work and full production. End Summary. -------------- Kraft Dismissed Workers -------------- ¶2. (U) On August 18, Kraft dismissed 156 workers represented by a radical dissident union for illegal actions that occurred on July 3, when those fired workers prevented administrative staff from leaving the factory following disputes over a demand by dissident union members for paid leave during Argentina's outbreak of the H1N1 virus. Some of the dismissed workers were also caught on videotape committing acts of vandalism against the factory and equipment. -------------- 50 Workers Seize the Plant -------------- ¶3. (U) Kraft officials had refused the H1N1-related demand, saying that they had complied with all aspects of the law and had no reported cases of H1N1 in their facility. The demand was not supported by the main food workers union, representing most of the 3000 plant employees. Kraft has since signed severance agreements with 70 of the 156 terminated employees and indicates they are close to finalizing with another 16. However, on September 4, a group of approximately 50 of the dismissed union workers seized the plant and demanded that Kraft reinstate all terminated workers. They had illegally maintained a presence inside the plant until police action on Friday, September 25 to remove them, shutting down most operations at the facility. -------------- Arbitration Didn't Work -------------- ¶4. (U) Initially, the dispute was under the jurisdiction of the Ministry of Labor, which had ordered a "conciliacion obligatoria" similar to a mandatory arbitration agreement to seek consensus among the parties, with a deadline of September 9, 2009. Under Argentine labor law, in the event of a labor-management dispute under a collective bargaining agreement, Ministry of Labor (MOL) mediation is mandatory if one of the parties requests it. In the case of Kraft, once the dissident labor organization requested mediation, the MOL initiated a 20- day period of conciliation during which it attempted to mediate the dispute. At the end of the period, the MOL declined to extend its mediation for a second period of conciliation because it had determined that the union which had requested mediation was not the legally recognized collective bargaining unit. According to press reports, the MOL officially stated that it was ending the period of legally-mandated conciliation because there had not been any progress toward a negotiated settlement. The plant occupation then became an issue for the justice system. On the order of a judge, the police were given the authority to remove the former Kraft employees responsible for this ongoing violence, without prejudice to their claims or mediation. -------------- Police Move In -------------- ¶5. (U) The police action on September 25 was preceded by four hours of negotiation requesting that the dismissed workers peacefully follow the judges' order and depart the facility. Following their removal, some workers -- along with what appeared to mostly be young student protesters -- threw rocks at the police, several of whom were injured. Police eventually forcefully rounded up the protesters, using mounted police, tear gas, and police in riot gear, arresting over one hundred. The episode was televised nationally and replayed endlessly over the weekend of September 26-27. All of the detainees were released from custody the next day, though some may be charged for violence. -------------- Government Supports Continued Mediation -------------- ¶6. (SBU) The labor action has been led by a radical union representing a small portion of Kraft workers. (The union marches with banners featuring Lenin and Trotsky's faces.) The larger labor confederation, tied to the ruling Peronist party, and the main food workers union representing workers at the plant rejected the actions of the group. A large element in the Kraft dispute appears in fact to involve competition for membership and recognition between the two unions. Both the national labor ministry and the government of the Province of Buenos Aires, where the factory is located, have ordered continued mediation over the issues. The dismissed workers or their supporters again blocked the main north-south highway into Buenos Aires on September 28, and protests and road blockages continue this week. -------------- Embassy Involvement -------------- ¶7. (SBU) At the behest of Kraft, the Embassy has been in contact with national and provincial officials requesting their engagement to resolve the conflict and to enforce the law, including Kraft's rights to operate its factory in a safe fashion. The DCM has discussed the case over the past two weeks with Chief of Cabinet Anibal Fernandez and Justice Minister Julio Alak, as well as the Province of Buenos Aires's ministers of Justice and Production. Other embassy officials have had broached the issue with working-level GOA officials. In all of these conversations, we have also encouraged moderation and conciliation. On September 28, Kraft agreed to participate in government-sponsored talks over the fired workers. ¶8. (SBU) Calls made by Buenos Aires Governor Daniel Scioli's staff to the Embassy on September 28 requesting help with the dispute were leaked to the press, apparently by Scioli's staff. This guaranteed headlines on September 29 of a U.S. Government role in the dispute. To cushion the blow, the Embassy used the following talking points in conversations with reporters: Text of talking points: We support the full application of labor rights and protections, as well as respect for property rights and decisions of the judicial system. We are pleased that the Kraft plant is now in operation again. If Asked about U.S. Embassy contact with the Government: The U.S. Embassy is following this issue, consistent with our desire to promote U.S. investment in Argentina, which provides good jobs to 155,000 Argentines. To that end, we've been in touch with appropriate Argentine authorities with the goal of achieving a lasting solution as soon as possible. The embassy is not, however, involved in the ongoing negotiations. End text of talking points. -------------- Press Coverage Negative -------------- ¶9. (SBU) Press coverage of the removal of the workers from Kraft has generally been negative and has emphasized the violent nature of the action. Part of this is due to the normal tendency of the local press to dramatize any police action that involves violence, but the ongoing dispute between the government and the local press over a new media law in the Congress (septel) is also a factor. In the current environment of confrontation between the Administration and the local press, the press is highly critical of any and all government actions. Kraft also failed to develop a discernable press strategy during the conflict. Since the police action, the story has heated up even more and was the headline story in almost all newspapers on September 29. Most of the stories focused on the Embassy's involvement in the case, indicating that the USG was seeking an end to the conflict. ¶10. (SBU) Because of the press frenzy, and with the Mission's agreement, Chief of Cabinet cancelled his September 29 courtesy call with Ambassador Martinez. In a subsequent phone conversation, he explained to the Ambassador that meeting on the morning of big headlines about Embassy involvement in the dispute would feed the stories, complicating GOA efforts to negotiate a settlement. -------------- Now a Cause Celebre -------------- ¶11. (SBU) Although not supported by the mainstream labor movement here, the Kraft dispute has become a cause celebre among the anti-globalization advocates in the blogosphere and on Buenos Aires campuses. More protests at the plant and here in the city are likely. -------------- Comment -------------- ¶12. (SBU) The Embassy has publicly voiced support for the full application of labor rights and protections, coupled with appropriate respect for property rights and court-ordered mediation. We will avoid comment on the decision of the GOA to order the police to open up the plant on September 25. We advocate continued mediation, but without prejudice to the rights of Kraft and its workers to operate in a safe environment. However, we are emphasizing that while we have been in touch with appropriate Argentine authorities with the goal of achieving a lasting solution as soon as possible, we are not involved in the ongoing negotiations. ¶13. (SBU) The Kraft situation highlights what the GOA may face in coming months, as its loss in the June election renders it less capable of acting decisively on important issues. This is already indicated in the strike last week at the principal port of Bahia Blanca that threatened to cut off the flow of oil imports to the refineries. That strike is now on hold under a ten-day cooling off period, but is unresolved. Continuing high inflation, together with the failure of the government to deliver any real wage relief to Argentine workers during the recession, is spurring labor unrest, which threatens to continue to spike up until there is a return to meaningful growth, lower inflation, and job creation. MARTINEZ