Section 269 National Miner Sindicate

Accompaniment to section 269

Violations of labor rights by the company Luismin, S.A. de C.V.

Project “Los Filos-El Bermejal” Guerrero, Mexico

ProDesc has provided legal accompaniment and labor rights training to the workers of the mining company Luismin. The workers decided to organize themselves due to the dismal labor conditions in which they found themselves working.

Background

Luismin S.A. de C.V. is a Mexican mining company and is a subsidiary of Gold Corp of Canada. One of their main projects is the “Los Filos” and “El Bermejal” projects found in the state of Guerrero. They consist of 20 different concessions and cover a total of 4,962 hectares inside the municipality of Eduardo Neri. Luismin S.A. de C.V. acquired the concessions in 2005 and since then they have hired workers in nearby communities such as Mezcala, Zumpango, Carrizalillo, and Aztcala.

The company has a small plant of around 500 workers who labor directly for the company. On June 29, 2007, these workers formed the “General Coalition of Workers of Luismin Corporation” because of the precarious labor conditions. After a labor strike of 12 hours, a negotiation table was created in the Municipal building of Mezcala and headed by the general director of the corporation in México, Salvador García Ledesma and the general manager of the Los Filos-El Bermejal Project, Tomas Iturriaga Hidalgo.

The coalition was represented by a commission of twenty-two workers who represented various work areas in the company.

Events

The workers raised several labor rights violations, including unsatisfactory conditions of work, and the undignified treatment of supervisors to workers in several departments. The Coalition was advised and accompanied in their organization efforts by ProDESC and Tlachinollan, reaching important agreements at the negotiating table.
their achievements include the following:

  1. Recategorization and rehiring of around 30 workers who were fired without justification. This also included retroactive back pay.
  2. Dignified treatment of workers and the establishment of a space for complaints in the office of Engineer Tomas Iturriaga (Every Monday from 9:00 am to 2:00 pm)
  3. A doctor in the company facilities, and an interview with the Social Security representative in Chilpancingo to better the clinic in Mezcala.
  4. Construction of a road to the community of Mazapa and the pavement of this road starting in 2008.
  5. Uniforms and security equipment
  6. Bonuses for the maintenance workers
  7. Pay in compliance with overtime, and holiday laws.
  8. Reinstatement of special bonus for the workers in the laboratory
  9. Transportation costs to the workers from the community of San Miguel (one tank of gas per week)
  10. Installation of a tripartite commission of security and hygiene
  11. Handing over of identification document for all personnel
  12. A camper for the Geology workers
  13. Lockers for the laboratory workers as well as the creation of a room where they can change
  14. A house and mobile tent for the workers on the platforms
  15. Installment of portable eyewash stations in areas where it is necessary as well as the installment of potable water that is sufficient for human use.
  16. Respect of the lunch hour for all departments in the facility.
  17. Concession of transportation of the workers to their communities of origin.

The Struggle of Female Workers

One factor that stands out in this case is the role that female workers had in the organizing efforts of the Coalition. In the mine, a number of women manage heavy machinery and work in the laboratory. Nonetheless, the majority of female workers work in cleaning of both offices as well as the houses of company workers. The labor conditions before reaching an agreement with the company were very unfavorable for these workers because they had no defined work schedule, they were required to do extra activities, and they had to cook and clean clothes without extra pay. The participation of these workers in the movement constitutes an important factor in the battle to achieve higher participation and decision-making on the part of female workers.