29.04.2014 Views

Download the Peggy Ann Kielland Letter

Download the Peggy Ann Kielland Letter

Download the Peggy Ann Kielland Letter

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

BEBIDAS Y ALIMENTOS DE URABÁ, S.A.<br />

Taxpayer ID 880.074.1188<br />

Apartado Aereo 104<br />

Carepa Antioquia<br />

Carpa, April 7, 1997<br />

Dr. Nora Tovar<br />

Office of Labor Inspector 22<br />

City<br />

Dr. Tovar:<br />

When I became Manager of Bebidas y Alimentos de Urabá, S.A., <strong>the</strong> criminal complaint<br />

against <strong>the</strong> company pending with your office was brought to my attention. In an effort to<br />

shed some light on <strong>the</strong> situation, this letter sets out <strong>the</strong> complete chain of events that have<br />

occurred, some as I have experienced <strong>the</strong>m personally, and o<strong>the</strong>rs as I have been able to<br />

piece toge<strong>the</strong>r.<br />

1. This company was founded in 1979 as a limited company, to contribute to <strong>the</strong><br />

development of a region that appeared to have bright prospects <strong>the</strong>n, and we still believe<br />

it does. Today <strong>the</strong> company is a stock corporation that provides more than 80 jobs.<br />

2. The company is located in <strong>the</strong> town of Carpa, Urabá Antioqueño, an area that for<br />

nearly a decade now has been scourged by indiscriminate violence arising out of <strong>the</strong><br />

conflict between <strong>the</strong> various guerrilla forces, paramilitary forces, <strong>the</strong> Army and <strong>the</strong><br />

Police. As you surely are aware, this widespread conflict has spared no one.<br />

3. Since its founding <strong>the</strong> company has fallen victim to this violence, robberies, extortion,<br />

<strong>the</strong>ft and burning of trucks, and murders, including those of company Manager Agustín<br />

Latorre Cervantes in 1990, Enrique Giraldo in April 1994, and Head of Production José<br />

Libardo Herrera Osorio in December of last year. I myself was kidnapped and held for 15<br />

days in 1989, simply because I was <strong>the</strong> Manager of <strong>the</strong> company.<br />

4. Under constant threat from guerrillas and paramilitary forces, Plant Manager Ariosto<br />

Milan Mosquera resigned and immediately left Carpa this past November 28, becoming<br />

one more displaced person. Prior to him, Mr. Leonardo Gnecco had left <strong>the</strong> area for<br />

exactly <strong>the</strong> same reasons. Faced with this turn of events, José Libardo Herrera Osorio<br />

took over <strong>the</strong> running of <strong>the</strong> plant.<br />

5. On November 29 <strong>the</strong> union presented a list of demands, and <strong>the</strong> workers to whom you<br />

refer in your letter have not shown up for work since December 5. They first claimed that<br />

<strong>the</strong>y had a permit from <strong>the</strong> union, which nobody had requested or granted since <strong>the</strong><br />

company had no Manager at <strong>the</strong> time. They later claimed that <strong>the</strong>y were under threat. All<br />

of us living in Urabá could say <strong>the</strong> same thing.<br />

Switchboard 823-65-89 • Management Offices 823-65-05 • Purchasing 823-65-04 • Fax 823-65-22


BEBIDAS Y ALIMENTOS DE URABÁ, S.A.<br />

Taxpayer ID 880.074.1188<br />

Apartado Aereo 104<br />

Carepa Antioquia<br />

6. In <strong>the</strong> days that followed, union organization member Isidro Gil Gil was murdered, <strong>the</strong><br />

union headquarters was looted and a band of outlaws began to pressure and harass all<br />

those working at <strong>the</strong> company, regardless of whe<strong>the</strong>r <strong>the</strong>y belonged to <strong>the</strong> union. This<br />

reached such a point that, not only were <strong>the</strong> workers forced to leave <strong>the</strong> union, but <strong>the</strong><br />

company's day-to-day operations came to a halt, since <strong>the</strong>re were threats to kill <strong>the</strong><br />

company officers if <strong>the</strong>y transferred money to Bogota for any reason. The payroll clerk<br />

quit because of this, after being harassed and threatened by this group.<br />

7. Mr. José Libardo Herrera Osorio reported <strong>the</strong>se events to <strong>the</strong> authorities. It is said<br />

locally that he was murdered for doing so.<br />

8. In September 1995, without legal basis and as a result of intervention and pressure<br />

from that office, <strong>the</strong> presidential adviser for Urabá and <strong>the</strong> Ministry of Labor, <strong>the</strong><br />

company was forced to grant early retirement to eleven (11) of its workers, all of <strong>the</strong>m<br />

union officials, who said <strong>the</strong>y could not return to <strong>the</strong> area because <strong>the</strong>y were being<br />

threatened. The amount of <strong>the</strong> resulting settlements was one hundred twenty-two million<br />

four hundred thirty-four thousand pesos (Col$122,434,000) plus one million five hundred<br />

sixty-six thousand pesos (Col$1,566,000) paid to <strong>the</strong> union. To pay that amount, <strong>the</strong><br />

company used what little borrowing power it had, was unable to make planned<br />

investments in its infrastructure, and today is on <strong>the</strong> brink of bankruptcy.<br />

9. Of <strong>the</strong> individuals who retired at that time, more than half are still in <strong>the</strong> region as<br />

government employees or as taxi or minibus owners. They are working undisturbed and,<br />

fortunately, nothing has happened to <strong>the</strong>m.<br />

10. As you are aware, payroll for <strong>the</strong> second half of December and <strong>the</strong> year-end bonus<br />

were paid with funds from <strong>the</strong> shareholders. The workers have not returned to work,<br />

although I do not know on what grounds, since <strong>the</strong>y had no representative to request a<br />

leave of absence or conduct negotiations (which I am willing to embark upon). From that<br />

time until today, my first day as Manager, <strong>the</strong> company has only been able to pay <strong>the</strong><br />

base wages of those working in Carpa, and has not had <strong>the</strong> wherewithal to pay vendors or<br />

utility bills. There is only one way for <strong>the</strong> company to get out of arrears on its<br />

obligations, and that is to continue producing and try to explain <strong>the</strong> situation to its<br />

creditors.<br />

11. I sought help from <strong>the</strong> authorities and managed to get into <strong>the</strong> plant with <strong>the</strong> aid of <strong>the</strong><br />

Batallón Voltígeros. General Rito Alejo del Rio has ordered an investigation and a hunt<br />

for those responsible for <strong>the</strong>se acts. On his recommendation I have hired a security<br />

company after much effort. These same authorities recovered a truck that had been stolen<br />

and asked for ransom money, which I refused to agree to because it is illegal. Perhaps as<br />

a result, a few days before Holy Week ano<strong>the</strong>r one of our trucks that ran <strong>the</strong> same route<br />

as <strong>the</strong> stolen truck was burned.<br />

The situation is very serious, as you can imagine, so I am asking for your help to<br />

Switchboard 823-65-89 • Management Offices 823-65-05 • Purchasing 823-65-04 • Fax 823-65-22


BEBIDAS Y ALIMENTOS DE URABÁ, S.A.<br />

Taxpayer ID 880.074.1188<br />

Apartado Aereo 104<br />

Carepa Antioquia<br />

determine on what basis or legal grounds <strong>the</strong> workers are not showing up for work<br />

without leave, while still demanding payment of <strong>the</strong>ir wages. I am willing to try to find a<br />

solution that does not do fur<strong>the</strong>r damage to <strong>the</strong> company or harm <strong>the</strong> workers. I also want<br />

to state that this company and I are ready to satisfy any and all legal obligations.<br />

In closing, you may be asking yourself what I am doing in <strong>the</strong> middle of this dramatic<br />

situation. I want you to know that I have always had close ties to this place. I live here.<br />

For <strong>the</strong> sake of this place I pushed for this bottling plant to be opened here. For its sake I<br />

am pushing for o<strong>the</strong>r development projects. I have taken part in projects to foster<br />

peaceful coexistence and build a sense of community here. I am going to stay here, and<br />

for that reason I ask that you act in a timely, impartial, conciliatory and constructive<br />

manner.<br />

Cordially,<br />

/s/<br />

<strong>Peggy</strong> <strong>Ann</strong> <strong>Kielland</strong><br />

Manager<br />

cc:<br />

Minister of Labor<br />

Vice Minister of Labor<br />

Switchboard 823-65-89 • Management Offices 823-65-05 • Purchasing 823-65-04 • Fax 823-65-22

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!