Core Worker Rights Denied

The Colombian flower industry is characterized by a lack of respect for core worker rights, most fundamentally freedom of association, the right to organize, and the right to bargain. The Colombian flower industry has a long history of vigorous and effective opposition to the formation of independent democratic unions, using a variety of tactics to block union organizing, including illegal firings, threats to close plantations where workers are organizing, anti-union discrimination, black-listing, and bringing in company-favored unions.

The flower industry’s opposition to worker organizing is aided and abetted by the Colombian government, which frequently acts in collusion to deny workers their basic rights. As of February 2007, independent flower unions have been unable to win a single collective bargaining agreement despite nearly two decades of organizing efforts.

Key Case Study: Largest Company Busts Most Important Worker Struggle

The most important worker organizing effort in the Colombian flower sector in the past five years is currently in the process of being crushed by the country’s largest flower owner and exporter, U.S.-based Dole.

In November 2004, workers formed a union at Dole’s largest flower plantation and immediately faced an anti-union campaign that continued through 2005 and into 2006. The anti-union campaign culminated on October 12, 2006 when the company announced it would shut down the plantation. As Wal-Mart did in Canada in 2005, Dole cites profitability problems as its reason to shut down an operation in the middle of a union organizing drive. Ninety percent of Dole’s other Colombian plantations remain operational.

Dole Fresh Flowers, a subsidiary of the Dole Food Company, is the largest flower exporter and plantation owner in Colombia. In 2006, Dole controlled approximately 20% of Colombia’s flower production and exports, nearly all of which are flown to the U.S. The experience of Dole workers who have been fighting to organize a union and gain a collective bargaining agreement on the largest flower plantation of the biggest flower company in Colombia is an important and timely case study in revealing the systematic denial of basic rights in Colombia’s flower industry.

Dole workers form union

Of Dole’s 20-something plantations in Colombia, the Splendor operation has been the company’s largest, with 1,700 workers. On November 11, 2004, Splendor workers hold a founding assembly to establish the Splendor flower union, Sintrasplendor, which is affiliated to an independent flower organization, Untraflores. Three days later, on November 14, the union files with the Colombian government (the Ministry of Social Protection) an application for legal recognition.

Police block assembly

At a subsequent assembly meeting scheduled for November 27 at a community building in El Corzo, the union reports that a police patrol intervenes to prohibit the meeting, with the accusation that the workers were going to “plan something against the company,” a charge suggesting that the police intervention was requested by the company.

Second union quickly shows up

On December 10, 2004, a second union shows up at the Ministry and also files a request to represent the Splendor workers. The union, Sinaltraflor, has a long-standing reputation as being cozy with the employers association. Ten days later, on December 20, 2004, Dole signs a collective bargaining agreement with Sinaltraflor.

At the time, Sinaltraflor reportedly represents about 100 workers on the plantation while Sintrasplendor represents 400 workers. The contract provides virtually no new benefits for the workers and contains no protections for their basic rights. A slight raise is provided, nearly exactly equivalent to the dues that are deducted from the workers pay and sent to Sinaltraflor, a convenient arrangement for Sinaltraflor if not of much monetary value for the workers.

For the next two years, Dole argues that the contract with Sinaltraflor prevents it from bargaining with Sintrasplendor. Although an ILO consultant says that Dole is mistaken and that the company could bargain with Sintrasplendor if it chose to do so, Dole never wavers in using the Sinaltraflor contract as an excuse to not negotiate with the independent union that initially organized the plantation.

Dole challenges union’s legal recognition

Sintrasplendor continues to organize, claiming 700 workers by the spring of 2005. On March 11, the Colombian government grants legal recognition to Sintrasplendor, the first independent flower worker union to receive legal recognition in Colombia, according to the International Labor Rights Fund.

Sintrasplendor files a petition for collective bargaining negotiations.

In April, 2005, Dole challenges the union’s legal recognition. In July, the Ministry reverses itself and revokes the union’s registration, citing spurious technical reasons and prompting an international outcry. A month later, the Ministry reverses itself again and reinstates the union’s legal registration.

Tragedy strikes Dole workers

In July, 2005, an overloaded company-contracted bus rushing to avoid being late to work crashes, killing three workers. A key Sintrasplendor complaint, and an issue for the CBA negotiations that Dole refuses to undertake, is bus safety.

Dole refuses to reinstate illegally fired workers

In October, 2005, Dole refuses to reinstate four fired union members, despite being ordered to do so by the Ministry and despite a promise in September to international groups to negotiate with the union in good faith. Dole also repeats its position that it cannot negotiate with the union until the current contract expires in October 2006.

Dole threatens to close plantation

Meanwhile, workers report an on-going campaign of discrimination against union members. Local supervisors reportedly warn workers that the company will close the plantation if it is forced to negotiate and repeatedly demonstrate their preference for Sinaltraflor.

Dole makes and breaks more promises

Over the course of 2006, Dole makes and breaks more promises that would resolve the conflict fairly. In April, Dole says it would abide by a fair election process but then rejects a democratic secret ballot election. In the fall, Dole asks the government to conduct a public census of the two unions, under which the government compares the lists of each union, a process that would expose Sintrasplendor supporters to discrimination and possible dismissal. The government states that it will conduct its census by examining dues deductions, a process not provided for in Colombian law and one that would simply grant majority union representation to the union with a contract (Sinaltraflor), since Sintrasplendor has no contract and no dues are deducted. Sintrasplendor refuses to participate in this farce.

Dole announces plantation closure

After nearly two years of stalling, Dole’s own time-line to negotiate with Sintrasplendor when the current collective bargaining agreement runs out at the end of October 2006 nears. But on October 12, 2006 Dole announces the closing of Splendor as part of a restructuring operation. Splendor and one small plantation are the only two plantations being closed in Colombia while another 18 or so will remain open.

Although Dole says other plantations will suffer some cuts, Splendor workers represent the vast majority of workers being effected by Dole’s restructuring in Colombia. International and national union groups and NGOs ask Dole to provide documentation to support its contention that the closing was for economic reasons rather than an anti-union response. Dole refuses to provide any documentation, simply stating that Splendor is less productive than other plantations, taking the same line Wal-Mart took when it closed a store in Canada in 2005 in the face of a union organizing campaign.

Union busted

Shortly after the announced closing, Dole supervisors falsely state to workers that they must take severance immediately or it will not be available after the Ministry officially authorizes the closing. Dole also provides an extra incentive for workers who take immediate severance. Together, the carrot and stick start a mass exodus from the plantation, with more than 1,000 workers leaving by year’s end. As of February 2007, only 400 workers remain employed, the union is effectively dead, and a final closing is slated before July 2007.

Anti-union message received loud and clear by flower workers

In Colombia, Dole’s message has been received loud and clear: workers who chose to organize an independent union should be prepared to lose their livelihood. Dole may claim economic restructuring as its reason for closing Splendor but the thousands of flower workers in the Facatativá community see a defeated union drive, lost jobs, and Colombia’s most important flower company closing its largest plantation because workers tried to exercise their basic rights.

The Role of the Colombian Government

The Colombian government has hardly been at the front lines in defending the rights of workers. Leaving aside the more dramatic issue of Colombia leading the world in the number of trade unionists murdered and the 99% rate of impunity enjoyed by the killers, the government has also been negligent in protecting core worker rights when workers try to form unions. In the Splendor case, the Ministry of Social Protection delayed action on the union’s request for legal recognition, thereby providing time for Dole to sign a contract with another company-favored union, then granted Dole’s appeal to withdraw the union’s registration before an international campaign forced the Ministry to re-register the union.

The Ministry was also prepared to conduct a spurious census to determine majority union representation that would have validated the collusion between Dole and Sinaltraflor and denied Splendor workers the opportunity to express freely and democratically their union preference. Nor did the Ministry ever intervene to investigate and put a stop to the company’s anti-union campaign.