ATILRA
(Dairy Industry Workers Association of Argentina) is in permanent
session in a follow-up of the tacit lock-out imposed by the Taselli
Group in its plants, which were bought to the ex-Parmalat company.
Almost 900 jobs are in jeopardy.
On 31
January last in the morning hours, hundreds of workers on a camp
organized by ATILRA in the area of Pilar, blockaded the No. 2 motorway
at Chascomús. This No. 2 motorway joins the capital Buenos Aires with
the southern seaside resorts and, at the end of January, there is a swap
of holiday-makers what means very heavy traffic on the road. When the
traffic jam was almost ten kilometers long, the Police went against the
demonstrators and cleared the way.
The
workers’ industrial action prompted an immediate response from the
Ministry of Labor Carlos Tomada, who urgently summoned them together
with Sergio Taselli, owner of the ex-Parmalat plants, among which is the
plant in Gándara. In this plant, male and female workers have not had a
pay-check for four months, and in all Taselli-managed plants no milk has
been received for months.
Héctor
Ponce, ATILRA secretary general, was consulted by the IUF and he
assessed the situation: “We had an audience with the Ministry of Labor,
where we were dictated a mandatory conciliation, an instance we rejected
because it does not respect the due process of law”
-
Why?
-
Because there is a “Breach of Contract exception”. There is no real
reactivation of these companies and there is a management lock-out,
since they have emptied the plant of its essential: milk, but
furthermore, salary payments are 4 months in arrears and December half
salary bonus has not been paid either. Our legislation clearly sets
forth that timely salary payment is the employer’s obligation, which is
in the essence of the contract between employer and employee, and given
its fundamental nature, non performance cannot be excused by any reason
whatsoever. Therefore, when the employer does not pay, the worker is
released from his/her obligation of service, and this is what emerges
from this case. Mandatory conciliation applies when there is a conflict
of rights, and in such situation it is reasonable that workers would
remain in their posts, but here there is an evident and continual event
of default or a breach of contract by the employer.
- So,
what happens next?
- We
stated we are in permanent session and, together with the plenary of
secretaries general, we are vigilant and on the alert of company
developments over the next hours, i.e. whether they will pay the
salaries or not, and based upon that, we will make our decisions that
will definitely involve the whole of our trade union organization.
Obviously we have foreseen a series of measures, among them the complete
work stoppage of the dairy industry nationwide.
- How
many workers does the dairy industry have?
- We are
25 thousand male and female workers in the country. We will make our
decisions as events move forward.
- How
is people’s morale?
-
Despite the distressing situation, that workers and their families are
worn out and suffer severe social and economic hardship, I think the
group’s morale is excellent. The permanent support, encouragement and
solidarity from the rest of the industry workers in the country have
strong influence. As a trade union organization, this is extremely
valuable and helps us a lot.
- How
do people solve their day-to-day needs when they have not had an income
for so long?
- We
support them within our possibilities, with the solidarity from the
union and the rest of the workers. We distribute food among the
families, but the situation constantly worsens. When we had the camp in
Pilar we had a popular pot, and we survive thank to our fellow-workers’
solidarity.
-
What do you expect over the next hours?
- We are
open to have contacts with a view to real, far-reaching solutions which
would bring security to the workers. Meanwhile, we are still mobilized
and in permanent session.
Carlos Amorín
© Rel-UITA
February 6, 2006
