GOES APPROVES REGISTRATION OF TELECOMMUNICATION

C O N F I D E N T I A L SECTION 01 OF 02 SAN SALVADOR 000966

SIPDIS

DOL FOR ILAB
DEPT FOR DRL

E.O. 12958: DECL: 10/07/2019
TAGS: ELAB ES PHUM LAB AFL CIO ILO
SUBJECT: GOES APPROVES REGISTRATION OF TELECOMMUNICATION
UNION SITCOM

REF: 06 SAN SALVADOR 2051

Classified By: Charge d'Affaires for reasons 1.4 (b) and (d)


1. (C) Summary: Telecommunications union representatives
from SITCOM, SITRAVX, and SUTTEL reported that the Ministry
of Labor granted official recognition to SITCOM and SITRAVX,
on September 17 and August 28, respectively, after protracted
legal battles. The SITCOM group also alleged that various
forms of anti-union intimidation and labor violations have
occurred in the industry, including the retention of union
dues by America Movil and ongoing exposure of AVX workers to
lead contamination. End Summary.

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STRUGGLES FOR RECOGNITION
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2. (C) Wilfredo Berrios and other representatives of the
Union of Telecommunications Industry Workers (SITCOM for its
Spanish acronym) informed Labor Reporting Officer in a
September 23 meeting at the union's office that the Ministry
of Labor granted official recognition to the union September

17. Also on September 17, the Administrative Dispute Chamber
of the Supreme Court reaffirmed its 2006 decision condemning
the Ministry of Labor for illegally denying SITCOM legal
status.


3. (C) SITCOM is an umbrella organization that covers
workers from the radio, television, and telephone unions. It
includes SITRAVX electronics workers and the
telecommunications union SUTTEL. Berrios said they receive
some support from the AFL-CIO-affiliated Solidarity Center,
and had received grant money from USAID in the past. (Note:
Solidarity, through its local NGO affiliate, CEAL, has
provided training to SITCOM and other unions, but has no
ongoing program at present. USAID has no record of support
for SITCOM. End Note.)


4. (SBU) SITCOM's recognition was the result of a six-year
legal battle (see reftel). SITCOM first petitioned the
Ministry of Labor for recognition in 2003, but not until July
2007 did the Supreme Court declare that then-president Saca
must grant legal status to SITCOM. Nevertheless, the
Ministry of Labor refused to comply with the order, and in
September 2007 SITCOM requested that the Attorney General
prosecute then Minister of Labor Jose Roberto Espinal
Escobar. Escobar was never prosecuted, however.


5. (SBU) The MOL granted legal status to SITRAVX on August
21, after two years of legal wrangling, to represent workers
from AVX Corporation, a transistor manufacturer in El
Salvador founded in 1978. AVX Corporation is affiliated with
the Kyocera group, and has offices in the U.S.


6. (U) SUTTEL is the oldest telephone union in El Salvador,
and represents workers employed by the America Movil group
owned by Mexican super-mogul Carlos Slim. SUTTEL is
affiliated with the Union Network International (UNI).

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ALLEGED LABOR VIOLATIONS
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7. (SBU) The SITCOM group alleged to Labor Reporting Officer
that numerous labor violations have occurred in the industry,
including anti-union intimidation, the denial of advancement
opportunities for union workers, the creation of "yellow
unions" (i.e., unions run by the companies),dismissals for
engaging in unionizing activities, and other forms of
harassment.


8. (C) SUTTEL representatives Ruben Antonio Reales, Rene
Armando Guillen, Cesar Leonel Flores, and Edgardo Cabrera
alleged that their industry is employing union-busting
practices such as illegal dismissals, harassment of union
members, and failure to pay overtime wages. They also
claimed that America Movil (which they refer to by its
previous name, Telecom, i.e. France Telecom) is keeping union
dues paid by workers. According to Reales, the company's
managers also took pictures of workers participating in
August 27 demonstrations.


9. (C) SITRAVX leader Marielos de Leon told Labor Reporting
Officer that lead contamination is the most serious concern
that AVX workers face, and that a number of workers have died
of cancer. He claimed that AVX is not doing enough to remedy

SAN SALVAD 00000966 002 OF 002


the situation, but instead continues discharging its toxic
waste into the ground and in toilets. De Leon said that AVX
used to sell its slag to Baterias Record, a battery company
owned by the former Minister of Economy Miguel Lacayo
(2004-2009). In 2007 the Ministry of Health closed the
company because of lead contamination. The case remains a
staple of investigative media reporting.

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COMMENT
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10. (C) SITCOM and most unions supported the FMLN during El
Salvador's last election campaign. We believe new Minister
of Labor Victoria Aviles is moving to effect significant
changes in the labor environment, in part to pay back that
support.
BLAU