Bimbo, the Mexican multinational producing bread and baked goods, came to Colombia 18 years ago. It has factories in Tenjo (Cundinamarca), Cali and Soledad (Atlántico).
The company-level union representing Bimbo workers, Sintrabimbo, was formed in 2005, by 25 of the 400 workers employed by the company at the time (it now employs 3,300). According to its president, Máximo Zamora Ruiz, the union was established in response to the company’s labour policy to cut costs: compulsory excessive working hours and unpaid overtime, hiring of new workers paid the minimum wage whilst existing employees earned more, the dismissal of workers with five or more years of service without following the dismissal procedure, and other irregularities.
Within a few months, the trade union had 90 members, but the company offered bribes and convinced half of them to leave the union. Members without the legal protection covering union representatives were dismissed. The harassment was so fierce that, for fear of being left with less than 25 members (the minimum required to operate), they joined the CGT-affiliated union representing hotel, tourism and food industry workers.
A month after forming the union, and just as it was embarking on the procedures for the negotiation of the first collective agreement, the company drew up a benefits plan for non-union members, offering them gifts, mainly household appliances, which discouraged the workers from joining the union. Six months later, whilst the negotiation of the collective agreement was still underway, the company brought together the non-unionised workers and had them sign a collective pact, granting them certain benefits, on the condition that they would not join the union.
Finally, the collective agreement was signed but the terms and conditions were the same as those in the collective pact. This was a hard blow for the union, which went on to lose 34 members, leaving it with only 19. They then sought protection from another trade union, as there had been difficulties with the CGT-affiliated one. They affiliated with the UTA (Unión Trabajadora de Alpina) and presented a list of collective bargaining demands, which ended up at the Court of Arbitration following the company’s refusal to enter into negotiations. Whilst the arbitration award was being determined, the company withdrew the benefits granted under the pact from the 19 unionised workers and froze their wages. This situation lasted for two years, by the end of which the union was left with only seven members, who were totally discriminated against by the company and the rest of the workers.
The union subsequently filed for protection, claiming the right to equality and freedom of association; a court in the municipality of Tenjo ruled in the trade union’s favour. The second hearing was also favourable, and Bimbo was ordered to equalise the rights of the pact and to settle all the amounts not paid to the unionised workers. More members were attracted to the union thanks to this victory. Having reached a membership of over 25, they decided to «resuscitate» the company-level union. Sinaltrabimbo was formed in September 2011 and presented a list of collective bargaining demands, which the company agreed to negotiate, but set the terms and conditions of the collective pact as the ceiling.
Sinaltrabimbo now has 200 members and is preparing to submit its collective bargaining proposal. The negotiation will not be easy, given the imposition of the pact as a «ceiling».