Hyundai document strengthens claims of illegal union busting tactics

Posted on : 2011-07-25 12:33 KST Modified on : 2019-10-19 20:29 KST
The document suggests in-house subcontractors were given harsher punishments if they retained union membership

By Kim So-youn 
 
The public disclosure on July 24 of a document reportedly drafted by Hyundai Motor appears to have added strength to claims that the company interfered in the process of large-scale punishment of workers of its in-house subcontractors. The document relates to responses to activity by in-house subcontractor labor unions, and has strengthened Hyundai Motor union claims of interference by contractee Hyundai Motor. The document indicates that a steady process of effectively brining about the “downfall of unions” took place.
104 workers fired, 659 suspended
Around 1,000 workers at the subcontractor were punished, including 104 firings and 659 suspensions, after striking and occupying the automaker’s Ulsan factory to demand that their positions be made full-time, in accordance with a ruling made by the Supreme Court last year.
Among the most striking parts of the document is an order for the firing of Lee Ung-hwa, chairman of an emergency committee for part-time workers at Hyundai Motor. Lee, who was suspended for two months because of the strike in November last year, planned to start working again in April, when his suspension ended, and begin labor union activity. Most of the labor union’s key executives were fired, and Hyundai Motor is stopping the fired workers from entering its factory, meaning that Lee had to play a pivotal role at the factory.
“Company executives called me aside and handed me notice that I was fired, saying ‘I’m sorry,’” said Lee. “Hyundai Motor unfairly dismissed me in order to block labor activity.”
The document also contained what are thought to be orders to all of Hyundai Motor’s in-house subcontractors (around 120 companies).
“[Subcontracted workers] may be treated with lenience if they reflect and show circumspection, but we plan to fire them resolutely if they take part in further group activity,” the document reads. “Company heads must provide education to all of their workers to inform them that they must not succumb to the temptation to take part in illegal agitation.”
Workers at subcontractors have actually stated that pressure was put on them to leave their unions in exchange for lighter punishment. A report was published on March 31 by MINBYUN-Lawyers for a Democratic Society and others as part of an investigation to uncover the truth about what happened to 150 workers at Hyundai Motor’s Ulsan and Asan factories. The document shows that “G,” a worker at the Ulsan plant, said, “My boss won me over by saying that he would minimize my punishment if I left the union.”
Worker “N,” also said, “They demanded that I sign a written promise not to follow the union’s strike guidelines in future, saying they would try my case again and give me a lighter punishment.”
Contractees may be punished for unfair labor practice
While Hyundai Motor denies ever creating the document, labor unions are applying for aid due to unfair labor practice and demanding special labor supervision, drawing attention to the question of what judgment the National Labor Relations Commission (NLRC) and the Ministry of Employment and Labor (MOEL) will reach. Until now, the NLRC and the MOEL have not even investigated, let alone punished, contractees despite various unfair labor practices regarding subcontractor workers, on the grounds that they are not users.
In March of last year, however, the Supreme Court ruling that obstruction of union activity by Hyundai Heavy Industries using the method of closing down a subcontractor constituted unfair labor practice, saying, “The contractee, which, despite not being the user in terms of labor contract, possesses substantial powers of influence, dominated and interfered with labor activity.”
This means that the punishment of contractees is also possible. Unfair labor practice is punishable by up to two years in prison or up to 20 million won ($18,976) in fines. “Of course Hyundai Motor is liable to be punished, as it wields even more influence over its subcontractors than Hyundai Heavy Industries by commanding and supervising them,” said labor attorney Kim Cheol-hoe.
  
Please direct questions or comments to [englishhani@hani.co.kr]
 
 

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