VZCZCXRO6122
PP RUEHHM RUEHJO
DE RUEHSN #0966/01 2812150
ZNY CCCCC ZZH
P 082150Z OCT 09
FM AMEMBASSY SAN SALVADOR
TO RUEHC/SECSTATE WASHDC PRIORITY 1740
INFO RUEHXI/LABOR COLLECTIVE PRIORITY
RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 SAN SALVADOR 000966 
 
SIPDIS 
 
DOL FOR ILAB 
DEPT FOR DRL 
 
E.O. 12958: DECL: 10/07/2019 
TAGS: ELAB ES PHUM LAB AFL CIO ILO
SUBJECT: GOES APPROVES REGISTRATION OF TELECOMMUNICATION 
UNION SITCOM 
 
REF: 06 SAN SALVADOR 2051 
 
Classified By: Charge d'Affaires for reasons 1.4 (b) and (d) 
 
¶1.  (C) Summary:  Telecommunications union representatives 
from SITCOM, SITRAVX, and SUTTEL reported that the Ministry 
of Labor granted official recognition to SITCOM and SITRAVX, 
on September 17 and August 28, respectively, after protracted 
legal battles.  The SITCOM group also alleged that various 
forms of anti-union intimidation and labor violations have 
occurred in the industry, including the retention of union 
dues by America Movil and ongoing exposure of AVX workers to 
lead contamination. End Summary. 
 
------------------------- 
STRUGGLES FOR RECOGNITION 
------------------------- 
 
¶2.  (C) Wilfredo Berrios and other representatives of the 
Union of Telecommunications Industry Workers (SITCOM for its 
Spanish acronym) informed Labor Reporting Officer in a 
September 23 meeting at the union's office that the Ministry 
of Labor granted official recognition to the union September 
¶17.  Also on September 17, the Administrative Dispute Chamber 
of the Supreme Court reaffirmed its 2006 decision condemning 
the Ministry of Labor for illegally denying SITCOM legal 
status. 
 
¶3.  (C) SITCOM is an umbrella organization that covers 
workers from the radio, television, and telephone unions. It 
includes SITRAVX electronics workers and the 
telecommunications union SUTTEL.  Berrios said they receive 
some support from the AFL-CIO-affiliated Solidarity Center, 
and had received grant money from USAID in the past.  (Note: 
Solidarity, through its local NGO affiliate, CEAL, has 
provided training to SITCOM and other unions, but has no 
ongoing program at present.  USAID has no record of support 
for SITCOM.  End Note.) 
 
¶4.  (SBU) SITCOM's recognition was the result of a six-year 
legal battle (see reftel).  SITCOM first petitioned the 
Ministry of Labor for recognition in 2003, but not until July 
2007 did the Supreme Court declare that then-president Saca 
must grant legal status to SITCOM.  Nevertheless, the 
Ministry of Labor refused to comply with the order, and in 
September 2007 SITCOM requested that the Attorney General 
prosecute then Minister of Labor Jose Roberto Espinal 
Escobar.  Escobar was never prosecuted, however. 
 
¶5.  (SBU) The MOL granted legal status to SITRAVX on August 
21, after two years of legal wrangling, to represent workers 
from AVX Corporation, a transistor manufacturer in El 
Salvador founded in 1978.  AVX Corporation is affiliated with 
the Kyocera group, and has offices in the U.S. 
 
¶6.  (U) SUTTEL is the oldest telephone union in El Salvador, 
and represents workers employed by the America Movil group 
owned by Mexican super-mogul Carlos Slim.  SUTTEL is 
affiliated with the Union Network International (UNI). 
 
------------------------ 
ALLEGED LABOR VIOLATIONS 
------------------------ 
 
¶7.  (SBU) The SITCOM group alleged to Labor Reporting Officer 
that numerous labor violations have occurred in the industry, 
including anti-union intimidation, the denial of advancement 
opportunities for union workers, the creation of "yellow 
unions" (i.e., unions run by the companies), dismissals for 
engaging in unionizing activities, and other forms of 
harassment. 
 
¶8.  (C) SUTTEL representatives Ruben Antonio Reales, Rene 
Armando Guillen, Cesar Leonel Flores, and Edgardo Cabrera 
alleged that their industry is employing union-busting 
practices such as illegal dismissals, harassment of union 
members, and failure to pay overtime wages.  They also 
claimed that America Movil (which they refer to by its 
previous name, Telecom, i.e. France Telecom) is keeping union 
dues paid by workers.  According to Reales, the company's 
managers also took pictures of workers participating in 
August 27 demonstrations. 
 
¶9.  (C) SITRAVX leader Marielos de Leon told Labor Reporting 
Officer that lead contamination is the most serious concern 
that AVX workers face, and that a number of workers have died 
of cancer.  He claimed that AVX is not doing enough to remedy 
 
SAN SALVAD 00000966  002 OF 002 
 
 
the situation, but instead continues discharging its toxic 
waste into the ground and in toilets.  De Leon said that AVX 
used to sell its slag to Baterias Record, a battery company 
owned by the former Minister of Economy Miguel Lacayo 
(2004-2009).  In 2007 the Ministry of Health closed the 
company because of lead contamination.  The case remains a 
staple of investigative media reporting. 
 
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COMMENT 
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¶10.  (C) SITCOM and most unions supported the FMLN during El 
Salvador's last election campaign.  We believe new Minister 
of Labor Victoria Aviles is moving to effect significant 
changes in the labor environment, in part to pay back that 
support. 
BLAU