The pent-up union

National
The pent-up union
By: Carlos Damian February 26, 2010
The State form part of the social conflict
To facilitate the strategic entities delivery of the country to prices of garage
México. – The one which this situation is gone generalizing shows the political official of the federal government. The repression against working of all type, profession’s man, technical, worker, peasant, it is to the order of the day. To the expulsion of their workplaces, of the members of the Mexican Electricians Union (SME), to the attempts of breaking mining strikes, as that of Cananea, is added a new dismissals wave, forced pensions and expulsions by the force of their workplaces, in Pemex, of members of the Unión of Technical personnel and profession’s man and Oil (UNTPP). All this in the middle of pressures so that sign the resignation to this union and request in writing the cancellation of their/its/your/his record.

All of the above in detriment of the Federal law of the Work article 133, that to the letter says: "Remain forbidden to the entrepreneurs: (…) IV. To compel to the workers by forcing or by any other middle, to be affiliated or retired of the union or group to the fact that belong, or to the fact that vote for given candidacy". Regrettably these facts are not isolated since the chiefs and worker are not only part of the conflict but the State is converted part into the occupational conflicts that interest to him. In such a way that it lengthens the conflicts to be converted into judge and part of the same occupational conflicts.

The State as part of occupational conflicts
Commonly it uses the traditional instruments: the Federal Board of Conciliation and Arbitration (JFCA), and offers to the employer part to auspicious federal judges to attend their interest. Certainly that in occupational matter not enough to have the reason if of the other side there are entrepreneurial interest, purportedly there is autonomy of the judicial part, but is submitted to the requirements of the State and their allies that represent values with those which the State coincides. According to the times the first demonstration has consisted of the expedition of the Decree on 9th day of October of 2009 through the one which, assuming powers that not correspond to him, The executive with the pretext of his regulatory responsibility, dictated a law in fact through the one which ordered liquidation of the Light and Force of the Center (LFC).

It is known all over that the regulatory faculty anticipated in the article 89 constitutional that is granted to the federal executive is underlying to the existence of a law dictated by the Congress of the Union. In the case the law does not exist that empowers to liquidate to LFC. In spite of the precedents of the occupational case a District judge denied the protection to the Mexican Electricians Union (EMS) and the topic is found the waiting of the solution of the review resource by an associated court.

The mining Union with the strike of Cananea
The second associated court of the first circuit has considered ended the strike of the miners of Cananea, by votes majority against the motion of the chairwoman of the court solved to deny the protection to the mining union. What is certain is that the special procedure that continued the company with the friendliness of the JFCA does have legal basis some. The court is being taking its time, but what is evident is that the company Group Mexico is prepared to resume the projects, with what reveals that it did not exist greater force to consider ended the mining strike: destruction of its facilities by the workers, motive that alleged the company to end the union conflict.


En el libro de LFT establece en el artículo 469, en el que se precisan los motivos de terminación de huelga, entre los que no se encuentra el invocado por el señor ministro.
Cabe recordar que la LFT establece que si un trabajador es despedido en el período de pre huelga, tiene derecho a participar en el recuento, en su caso (artículo 93-III). En la mayoría de los caso se dan estos casos en empresas estratégicas y vitales para la nación. Uno de los casos más sonados es la destrucción gradual de Pemex con las “disposiciones administrativas” publicadas el 6 de enero en el Diario Oficial. Incluye el derecho de adjudicar, por tramos de territorio, zonas petroleras a grandes empresas privadas. De lo anterior se ven muy relacionado los aspectos de represión a los trabajadores con los de la entrega del país, “venta de cochera” de sus áreas estratégicas.

In the book of LFT establishes in the article 469, in the one which are specified the motives of strike completion, between those which is not found invoked it by the minister sir. Fit to recall that the LFT establishes that if a worker is bidden farewell in the period of pre strike, he has right to participate in the inventory, in its case (article 93 - III). In most of the case are given these cases in strategic and vital companies for the nation. One of the cases most sounded is the gradual destruction of Pemex with the “administrative arrangements" published 6 of January in the Daily Official. Include the right to awarding, by territory sections, oil zones to large private companies. Of the foregoing are seen very it related the repression aspects to the workers to those of the delivery of the country, "sale of garage" of its strategic areas. (La Jornada, opinion, p. 20, February 21, 2010)