To: Brother Fred Higgs June 27, 2005

General Secretary, ICEM

Subject: Goodyear Thailand

Dear Brother Higgs

I read the letter to the ICEM sent by Managing Director of Goodyear Thailand, Mr BK Han, and felt rather surprised in the way he responded. Obviously the problems which occurred at Goodyear plant in Thailand should be reported and Goodyear workers around the world ought to be kept informed - particularly through the ICEM which we are an affiliate.

Our union has undertaken important steps to protect workers' rights and freedom which is the most essential and fundamental function of a trade union. "Good labour relations" between employer and employees could only come about when there is respect for workers' and trade union's rights, apart from the basis of having mutual interests. "Good labour relations" is not about receiving Awards.

Although it might be true that the labour relations at Goodyear plant in Thailand had been kept in harmony over the past 20 years, such relations had been rather limited to a few individual union committees. And the nature of that relations was merely personal rather than reflecting the rights and well-beings of the workers as a whole. Some of the former union committees had received promotion along with high salaries as they maintained good and harmonious relations with the management staff.

Ever since I was elected as union president I have been trying to work for the improvement and protection of workers' rights rather than spending time drinking or dining or holidaying with management staff.

While our workers have been working very diligently and enduring hard working conditions, among us there are 23 workers working in the warehouse department but have been employed on one-year contracts - for more than 10 years. This despite the fact that the nature of their work and responsibilities are not tied to fixed periods, or seasonal. Nor have they been employed as reserve workforce. And although the amounts of work they do are equal to that of regular workers, they get less wages and benefits. And they have not been covered by the union's CBA.

Such employment contracts are obviously not in line with principles of good labour relations; and they are in breach of the labour law.

As union president, I had constantly raised this issue to the attention of the management staff. Moreover we had asked a labour conciliator from the Ministry of Labour to assist in the dialogue when we could not reach an agreement; this was since 5 November 2004. But all these efforts had fallen to the deaf ears. Thus, on 15 February 2005, 18 workers decided to file their cases to the labour court for back pay and lost benefits (as they had been excluded from the union's CBA) due to them since they began working for the company 10 years ago.

As union president, I performed my function and responsibilities to inform the workers about their rights. Regrettably, this led to the management's decision to seek a court order to dismiss me on the ground of "conducting criminal acts against the employer or have the intention to damage the employer".

And while the court has not yet had a ruling on the company's attempt to dismiss me, the management has suspended me from work. If the very concept of good labour relations had been truly implemented at Goodyear plant in Thailand, and the labour law had been truly observed by the company as mentioned in the letter, the question is why I have been suspended from work while the labour court has yet to give a ruling on the case.

Under these circumstances I had to report what happened at our plant in Thailand to the ICEM. And if the company is truly sincere about implementing good labour relations policy then essentially the company must cease the court action to dismiss me and allow me to resume work immediately. With that then we can re-build trust which is the necessary ground to establish good labour relations for the interests of all.

Apart from that, the company shall ensure an immediate cessation of the ongoing harassment and victimisation against other union committees - particularly on the union secretary Mr Suriya - who has been trying to carry out his union responsibilities of safeguarding workers' rights.

I sincerely hope Mr BK Han, Managing Director of Goodyear in Thailand, will directly engage in a dialogue with myself and the other union committees, in order to resolve these conflicts.

Finally I have the full confidence in the ICEM, that the ICEM will pursue this struggle for justice and exhaust all measures possible so that Goodyear's good labour relations policy - with respect for trade union rights - can be materialised at Goodyear plant in Thailand.

Yours sincerely

Anan Pol-ung

President, Goodyear Union Thailand