ABOUT AZTECA  WORKERS AND AZTECA

Workers at Azteca Foods have spent their lives at this company. The majority have been working at Azteca Foods for more than 12 years and a third have over 20 years with the company. They are almost all Spanish speaking Mexican immigrants.

For over 20 years workers at Azteca Foods were part of the Distillery Workers Local 3. Local 3 was at best a company union and at its worst a corrupt mob influenced organization that threatened the workers and did its best to protect the company.* Three years ago, Azteca workers began their struggle for a real union that would represent their interests. Last April 12, they won a NLRB election to form a union with UE by a vote of almost 3 to 1. They have been in contract negotiations with the company since May 14, 2002. In the interest of reaching an agreement with the company quickly, the UE proposed contract protections based on the old Local 3 agreement with key modifications that reflect the workers desired improvements.

*Local 3 is run by the Duff family. They are currently under federal investigation surrounding their temporary worker agency, Windy City Temps, which was allegedly falsely registered as a minority/woman-owned business and in turn received millions in city affirmative action contracts and for receiving kickbacks from the bank where they kept union funds. John Duff Jr. spent 17 months in jail for embezzlement of union funds.

Azteca Foods, a privately-held corporation, has estimated revenues of between $30-33 million a year. Their tortillas and chips are sold in major grocery chains throughout the country. Azteca tortillas are sold 10 in a refrigerated pack for a dollar or more to mostly non-Latino consumers (see: Products and Stores)

Azteca workers describe their workload as being very heavy, and work under a lot of pressure from often verbally abusive supervisors. They are concerned about the numerous rashes, burns and workplace injuries that occur. It is a very hot and very fast paced production line — Azteca claims to make over three million tortillas daily.

Two-thirds of the workers make $9 an hour, the rest make 10.75. Azteca tortillas are sold 10 in a refrigerated pack for up to $2 to mostly non-Latino consumers. Azteca tortillas are produced and packaged by machine. In contrast with small tortillerias, Azteca’s production and product has more in common with large processed food corporations and in fact was at one time owned by Pillsbury. They pay at or below average for this industry.

NEGOTIATIONS FOR A FIRST CONTRACT

Azteca is demanding concessions aimed at cutting the minimal level of protections and benefits workers have had for many years.

Azteca workers want:

• Respect for Seniority in job transfers, shift preferences and overtime;

• Good Raises;

• Better Benefits (better retirement and sick days);

• A grievance procedure and steward’s rights

• Union security

• The right to distribute union literature in non-work areas on non-work time

• Effectively cut pay (up to 42 cents per hour) by raising health insurance costs.

• Cut seniority rights in new job openings and the distribution of overtime (imposing OT by line and not by seniority).

• Cut job protections for senior employees by discharging workers for incorrect information on their job applications, a tactic used by this company before to attack immigrant workers (even if they become documented).

• Cut freedom of speech by prohibiting any union leaflets on company property.

• Cut union rights that the company had granted the mob-influenced company union. Specifically, no union shop or dues check-off, and no paid grievance meetings. In addition, they want the union to waive the right to bargain over any effects of management changes.

• Cut health insurance protections by allowing the company to change the health insurance coverage and cost whenever and however they want.

• Eliminate clean-up time at end of shift, forcing workers to stay later without pay.

• Eliminate the ability of the union to have a chief steward in addition to a steward for each shift to defend workers rights.

• Eliminate call-in pay some circumstances.

AZTECA'S BEHAVIOR

Azteca would not help ensure bilingual negotiations. Ninety-seven percent (97%) of the entire bargaining unit speaks Spanish as their primary language. The company said they would not contribute towards nor provide for translation. To this day, the company refuses to translate their proposals or the bargaining meetings.

At an informational picket outside the plant to protest Azteca’s proposals, the company told all the workers they were fired for participating in the picket. In response to this illegal activity, UE filed unfair labor practice charges for these threats, one on one interrogation and for acts of surveillance, which includes Azteca videotaping those workers picketing. These charges, filed by UE with the National Labor Relations Board, were settled during a seven-month strike (Azteca admits no wrongdoing, but must post notices in the plant that it pledges to obey labor law in the future).

Recently, Azteca denied the Occupational Safety & Health Administration (OSHA), an U.S. Government agency, access to their plant to allow for inspection of alleged federal law violations. In 2000, Azteca was cited for 12 violations of federal health & safety law, 10 of which were repeat violations. When OSHA finally inspected the plant after a three week delay, they found two violations.