INTERNATIONAL LABOUR TURKEY:
KEEP UP THE PRESSURE ON PRADA SUPPLIER 'DESA':




Molly has blogged before on the case of the harassment of workers at the DESA leather factory in Duzce Turkey. Despite the signing of a protocol between DESA and its European buyers (which include the Prada brand) the company is continuing to harass union members at the workplace. The Clean Clothes Campaign is asking people to once more put pressure on DEAS and its customers to see that the agreement is actually implemented. Here's the story and appeal.
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Trade union harassment continues at Prada supplier

It is with great regret that the Clean Clothes Campaign is reopening the campaign to demand justice for workers at the DESA leather factory in Duzce, Turkey.

This decision follows failure by both DESA management and the European buyers to implement and support a protocol signed by DESA and the union Deri Is over six months ago.

We are calling on supporters to contact DESA and the buyers at the factory to express your disappointment in their failure to uphold the rights of DESA workers and to urge them to ensure that the protocol is properly implemented and to take steps to proactively support freedom of association at the factory.

Latest update

In recent months workers report that harassment by supervisors of union members is increasing. At least one worker has filed a legal suit against a supervisor charging him with this offence.

Of particular concern is the decision of DESA to fire two union members, both on the ground of allegations disputed by the workers.

Ümit Ugurlu was dismissed on 13 May 2010. Allegedly, his employment contract was terminated without notice because he injured his friend’s finger. However, workers who witnessed the incident refute the allegation and claim that Necati Ata (the injured worker) pulled on the glove of Mr Ugurlu and at the same time crashed his machine. The union has started legal action for reinstatement.

On June 9th a second worker, Cemal Uyar was refused entry back into the factory following two days sick leave. The personnel department informed him that his employment contract was terminated without notice because he did not come to work without asking for permission and that during this time it was confirmed he was working at another workplace.

Given the past history of illegal dismissals by DESA, we would expect them to to ensure that any worker dismissals took place only after a full and proper grievance procedure and investigation. The fact that DESA management now feel free to start dismissing union members without due process is yet another indication of the deteriorating situation inside the factory.

Background

A Memorandum of Understanding between the union Deri Is and DESA was signed in August 2009 following a year-long international campaign against the unfair practices of DESA, a Turkish leather supplier of major European luxury brands such as Prada, Mulberry, Debenhams, Marks and Spencer and El Corte Ingles.

The MOU stated that the international campaign would be halted on the understanding that DESA would reinstate several of the dismissed workers, issue a right to organise guarantee, recognise Deri Is as the sole union at the factory and commit to expressing neither a positive or negative attitude towards the unionisation of its workers.

The CCC has continued to monitor the situation in Turkey, to check the implementation of the agreement through a permanent dialogue with the trade union. Since the beginning it was clear that the protocol was the beginning of a new stage during which workers must be made aware of their rights and be reassured that the exercise of their rights would not lead to dismissals or reprisals. To make this process credible and genuine would have required a change of direction by Desa and a proactive support by the brands.

A Clean Clothes Campaign delegation visited Turkey in December 2009, during which they met around 35 Desa workers together with Deri Is representatives. The interviews conducted revealed that the protocol had been breached in in the following ways:

•Workers identified by Deri Is have not been reinstated
•The Right to Organise' guarantee as properly drafted from ITGLWF has not been distributed to the workers
•Workers are facing again episodes of repression and harassment clearly intended to avoid their unionisation
•Desa management actively interferes to try to prevent workers from joining the union.

In the light of this, in April 2010 the CCC re-contacted all the buyers and informed them about the ongoing violations of the agreement. We urged them to work with DESA to end to the harassment of workers and to fully implement with the protocol in cooperation with Deri Is.

Only small number of buyers responded, all stating that they visited the factory and did not see any harassment taking place and were confident there was no malpractice at the factory. None of the buyers spoke to or contacted the union or union members. None of them responded at all to our detailed requests for concrete action.

Write today to Desa buyers and Desa factory management. Call on them to properly implement the protocol agreement and to take all necessary measures to ensure an atmosphere free from intimidation at the factory.
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THE LETTER:
Please go to this link to send the following letters to both DESA management and to the buyers group.
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Letter to buyers
Dear Madam / Sir,
I am extremely disappointed to learn that the Memorandum of Understanding, which was signed between DESA and Deri Is in 2009, has not been properly implemented by DESA management. I am particularly concerned at the harassment of union members and the recent dismissals of two of your workers without following proper procedure.

I urgently call upon you to take immediate and transparent action to ensure that the protocol is fully implemented. Specifically I call on you to:


•Contact DESA management and ask them to immediately halt the harassment of union members, and to abide by the letter and spirit of the August protocol;
•Demand the reinstatement of both Ferda Yilmaz and Emel Yavuz as agreed in the August negotiations;
•Ensure that an official Right to Organise guarantee is distributed, based on the model drafted by the ITGLWF;
•Support and monitor an official complaints mechanism. Such a mechanism must include a worker representative nominated by the union;
•Ask DESA to ensure regular meetings take place with Deri Is representatives and to send notes from each meeting to all interested parties including Deri Is and the major buyers;
•Include trade union representatives in any ongoing monitoring and maintain regular contact with them;
•Specify that you expect orders for your company to be completed at the Duzce factory and not subcontracted to other suppliers in Turkey
•Carry out training for management, supervisors and workers on the right to freedom of association and collective bargaining. Such training should be carried out by parties agreed upon by Deri Is and ITGLWF.
Yours sincerely,


Letter to DESA
Dear Mr. Celet,

I am extremely concerned about the breaching of the Memorandum of Understanding which was signed between your company and Deri Is. I am particularly concerned at the harassment of union members and the recent dismissals of two of your workers without following proper procedure.

While initially shocked by the working conditions and workers rights abuses found in your factory I was hopeful that DESA was now moving towards being a factory where workers fundamental rights were respected.

I urgently call upon you to fully respect the protocol signed with Deri Is.

Specifically I call on you to:

•immediately halt the harassment of union members and to abide by the letter and spirit of the August protocol;
•reinstate both Ferda Yilmaz and Emel Yavuz as agreed in the August negotiations;
•ensure that an official Right to Organise guarantee is distributed, based on the model drafted by the ITGLWF;
•establish an official complaints mechanism, including a buyers representative, which can receive and investigate complaints of harassment or intimidation and support re-mediation in each case. Such a mechanism must include a worker representative nominated by the union;
•ensure that regular meetings take place with Deri Is representatives and send notes from each meeting to all interested parties including Deri Is and the major buyers;
•include trade union representatives in any ongoing monitoring and maintain regular contact with them;
•carry out training for management, supervisors and workers on the right to freedom of association and collective bargaining. Such training should be carried out by parties agreed upon by Deri Is and ITGLWF.

I look forward to hearing that DESA is once again working towards a more positive relationship with the Deri Is union.

Yours sincerely,

INTERNATIONAL LABOUR-TURKEY:

SUPPORT TURKISH LEATHER WORKERS:

This issue has been mentioned before here at Molly's Blog, but, despite legal victories, workers at the DESA leather works in Turkey have still been stymied by management attempting to deny them the right to form an union. The Clean Clothes Campaign hopes that you will join them in putting further pressure on DESA and its European customers so that the workers involved can better their condition. Here's the story from the CCC and what you can do to help.

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DESA: More talk, still no action:

It is now nine months since DESA workers stood up to demand their right to a union. More pressure is needed to make DESA and its buyers take responsibility for these workers and protect their right to join a union.

In November 2008 the Clean Clothes Campaign and LabourStart put out an urgent appeal for action to support sacked and exploited Turkish leather workers producing for some of Europe's most luxurious brands. Since then the Turkish court has upheld our claim that workers at DESA were sacked for union activity, and several meetings have taken place between the union and DESA management. Despite these apparent victories, little has changed for the workers on the ground and none of the union's demands have been met.

It is now nine months since DESA workers stood up to demand their right to a union. More pressure is needed to make DESA and its buyers take responsibility for these workers and protect their right to join a union.

More talk, still no action:

Our initial appeal called on all the buyers we had contacted to join a meeting coordinated by the International Textile Garment and Leather Workers Union, set for the 20th December. To our knowledge none of the buyers agreed to attend the meeting. Most simply never responded, one responded negatively, others just had better things to do that day.

Luckily for them the focus shifted from pushing for a buyers meeting when DESA suddenly agreed to meet with the union to discuss their demands. The first meeting took place on Friday 19th December and according to those present was a useful and constructive meeting. However no agreement could be reached on the reinstatement of the sacked workers and it was agreed to continue the meeting the following Monday.

On Monday 22nd December Deri Is representatives again met with DESA management, but this time the meeting was less successful, Not only was no agreement reached regarding reinstatement, but the atmosphere became less constructive and DESA backtracked on some of the other points discussed on the 19th. DESA was asked to provide written documents clarifying their position on all of the Deri Is demands, to ensure that those agreements already made were not reversed. Until now no such document has been provided.

Since the 22nd December several other meetings took place, the last on the 13th January. No progress was made and no written notes or documents produced. We are concerned that DESA is now using these meetings to stall the campaign, as it is unclear why they continue to refuse to provide any written documents. It is important to show DESA that meeting for meetings sake will not bring a resolution and to urge them to resume a positive approach aimed at reaching a resolution.
Court cases confirm union discrimination:

On the 24th December Emine Arslan from the Sekafoy factory and 4 other workers from the Duzce factory finally got to make their case at court. The court found that they were dismissed as a result of union activity and that they should either be reinstated or properly compensated for illegal dismissal. DESA have appealed these findings. On the 20nd January the court heard a further 3 cases followed by a further 5 on the 22nd January 2009. All 8 workers were judged to have been illegally dismissed as a result of union organising. DESA have yet to respond to these judgements, other than to continue to refuse reinstatement to Emine and a number of other workers.

Copy of the courts decision on Emine Arslan
Ongoing dismissals prove need for union representation:

30 workers dismissed due to the 'economic crisis' 4 of which were union members. Given that this occurred during an ongoing dispute, it could be argued that if DESA genuinely wished to show goodwill to Deri Is, they would have avoided dismissing more of their members. These four, Aysen Yilmaz, Nursen Meydan, Serda Yilmaz and Zeki Acar, continue to fight for reinstatement. We understand that DESA will agree to the reinstatement should brands place orders at the factory (but as nothing is in writing....)

Workers across the world are now facing the possibility of redundancy as the world economic situation worsens. We have no way of knowing if DESA is genuinely facing financial difficulty or if this is just another way of intimidating its workers. Either way the situation makes it even more urgent to get recognition for the union and ensure workers are properly consulted in any future redundancy plans.
Brands - failing to take responsibility:

The last call for action focused on DESA buyers we felt had done nothing to take responsibility for conditions at DESA or the workers sacked for trying to improve them. This included Prada, Mulberry, Nicole Fahri (owned by French Connection), Luella, Samsonite, and Aspinalls of London.

Luella and Samsonite have never responded to any letters, nor have they ever contacted the ITGLWF, Deri Is or the Clean Clothes Campaign.

Prada, by far the biggest client at the factory, did respond to emails from the Italian Clean Clothes Campaign and the ITGLWF, but the response was so far from adequate they may as well not have bothered. They simply pointed out that an audit had been done and found 'no problems,' some union members were still in the factory so there couldn't be a freedom of association problem' and they would wait for the outcome of legal processes.

Aspinals of London responded in November to say they were 'investigating.' We heard nothing from them since. Nicole Fahri said the same and then stopped responding to emails.

Other brands involved in the case, but not targeted in the campaign included the Spanish giant El Corte Ingles and British high street retailers Marks and Spencer and Debenhams. They have continued to be more active than the others and, following a certain amount of prodding, have contacted DESA to raise concerns. M&S also commissioned another audit, which we believe was more credible but which they never made it public or shared the findings with other brands, the unions or campaigners. None of the brands have been willing to work together and none have taken the kind of proactive action needed to support a positive resolution of the case.
Our response: We need action not audits:

The Clean Clothes Campaign re-contacted all the brands last week, sending a further letter to the brands. The ITGLWF, along with unions from Spain, Italy and the UK also put out a statement calling on them to take responsibility to resolve this case.
- Link to CCC letter

- Link to ITGLWF press release

Almost all the brands mention audits done at the factory as part of their 'response' to the allegations. We understand the need for brands to clarify the facts, but this case has now been ongoing since April 2008. The facts are well know and more 'investigations' won't change the situation on the ground. The only way to resolve this case is through negotiation and legal processes.

None of the brands have engaged with any kind of negotiation, despite repeated attempts to get them to do so. We are calling on the brands to ask their supplier to provide written documents of all the meetings that take place and progress reports on the negotiation process. We are also calling on them (again) to participate in this process themselves and engage in meetings with both the union and DESA management.

Prada, along with other buyers stated that “should they get evidence of violations confirmed by Turkish authorities, they will be ready to take necessary measures with DESA.” The court has now confirmed these violations, but in the month following the original court decision Prada and the others have proved anything BUT willing to take the 'necessary measures.

The brands and DESA need to know that the campaign will not be silenced through bogus meetings and needless investigations. The Turkish court has upheld the complaints made by workers and this is all the investigation we need. Buyers now need to take the action they promised to ensure DESA workers get the justice they deserve.

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THE LETTER:

Please go to THIS LINK to send the following letter.

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Please take action today:
Use this form to send the following letter directly to:
SarahB@mulberry.com , closea@frenchconnection.com , richard.brett@samsonite.com , luella@club21.co.uk , enquiries@aspinaloflondon.com , ufficio.stampa@prada.com , lamberto.berti@prada.com , stefano.rastrelli@prada.com

Dear DESA buyer,
I am concerned to hear that your company is continuing
to ignore the ongoing repression of union members at the DESA factories in
Turkey. I understand that the Turkish court has now confirmed that the dismissal
of DESA workers was as a result of union organising and has demanding their
reinstatement.





Therefore we urge you to contact DESA
management today and urge them to negotiate an agreement with the Deri Is union
that includes the following demands: the reinstatement of ALL the dismissed
workers immediately and unconditionally to the same positions previously held,
provide a written guarantee to all workers that they are free to join the trade
union of their choosing; develop proper grievance and disciplinary procedures,
recognise the Deri Is union as the legitimate representative of its members and
assure access of independent trade unions to the workers.
Yours
Sincerely

INTERNATIONAL LABOUR-TURKEY:

SUPPORT TURKISH LEATHER WORKERS:

Here's an appeal from the online labour solidarity site Labour Start concerning leather workers in Turkey who produce the leather for many high end products. Seems their employers begrudge them even a little prosperity.

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Turkey: DESA leather workers fight for the right to have a union:

In April 2008, hundreds of workers at Turkish leather manufacturer, DESA, which produces for Prada, Mulberry, Louis Vuitton, Samsonite, Aspinal of London, Nicole Farhi and Luella, decided to join Deri Is, the Turkish leather workers union. Since then 44 workers have been dismissed and a further 50 have been forced to resign from the union.

Workers have been fighting this denial of their right to organise through daily demonstrations outside the DESA factory in the Dzce Industrial Zone, facing constant repression and arrest from the local gendarmes. Emine Arslan, a union leader from another DESA factory in Istanbul(Sefaky), was offered a bribe to drop her case against DESA and to end the demonstrations outside the factory. When she refused, her family was threatened. Hours later her 11 year old daughter narrowly escaped an attempted kidnap by men on a motorbike.

Conditions at the three Turkish factories are appalling: Workers earn poverty wages, work long hours, and suffer from a variety of health complaints linked to poor health and safety conditions. They complain that there are not enough toilets for all the workers and those that exist are filthy. The only drinking water is from a hose on the toilet floor.

Despite the huge price tags on the products made by DESA workers, Prada, Mulberry and the others have refused to take action to support the right of DESA workers to organise and improve conditions. Contact them today to tell them: a union is a right, not a luxury.

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Please go to THIS LINK to send the following letter to DESA's high end customers.

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THE LETTER

I am writing to express my concern at the ongoing harassment of workers at the DESA factories in Turkey, who I understand are making your products. Since April 2008, when workers decided to join the Deri Is union 44 workers have been dismissed and a further 55 have been forced to resign. One union leader has been threatened by the company and her eleven year old daughter narrowly escaped a kidnap attempt.

Union organising is right not a luxury. It is your responsibility to ensure workers making your products are able to exercise their right to freedom of association. Please take action today to ensure DESA immediately reinstates the dismissed workers with back pay to date of dismissal, halts the ongoing campaign of intimidation and harassment, implements proper industrial relations, including recognised grievance and disciplinary procedures and starts to negotiate with Deri Is as a social partner.




I look forward to hearing what steps you have taken to ensure a positive outcome in this case,