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. -------------- STRUGGLES FOR RECOGNITION -------------- ¶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). -------------- ALLEGED LABOR VIOLATIONS -------------- ¶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. -------------- COMMENT -------------- ¶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