The Coke Machine Part 20

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The Coke Machine



The Coke Machine Part 20


Page 186 company insisted . . . banana plantations of Uraba: Sibylla Brodzinsky, "Chiquita Case Puts Big Firms on Notice," Sibylla Brodzinsky, "Chiquita Case Puts Big Firms on Notice," Christian Science Monitor Christian Science Monitor, April 11, 2007.

Page 186 "Simply put": David J. Lynch, "Murder and Payoffs Taint Business in Colombia," David J. Lynch, "Murder and Payoffs Taint Business in Colombia," USA Today USA Today, October 30, 2007.

Page 186 "peace and justice" law: "The Perils of 'Parapolitics,' " "The Perils of 'Parapolitics,' " The Economist The Economist, March 23, 2007.

Page 186 "The companies that benefited": "'H.H.' se confiesa," "'H.H.' se confiesa," El spectador El spectador, August 2, 2008.

Page 186 arrangement with Chiquita as well as Dole: Jose Gregorio Mangones Luno affidavit, October 29, 2009, Jose Gregorio Mangones Luno affidavit, October 29, 2009, Does (1-44) v. Chiquita Brands International Inc. et al. Does (1-44) v. Chiquita Brands International Inc. et al., United States District Court for the Southern District of Florida, 9:2008cv80465; Charlie Cray, "Hiring Death Squads Is Coming Back to Haunt U.S. Companies," AlterNet, February 16, 2010; Juan Smith, "Colombia; Ex-Paramilitary Implicates Two U.S. Companies in Murder of Trade Unionists," North American Congress on Latin America, December 14, 2009.




Page 186 Raul Hasbun . . . ordering the deaths: "Las confesiones de Raul Hasbun," "Las confesiones de Raul Hasbun," Semana Semana, October 4, 2008, English version.

Page 187 Isidro Gil . . . "collecting money for the guerrillas": Steven Dudley, "Colombian Paramilitary Tells How He Financed His Own Murder Inc.: Bananas," Steven Dudley, "Colombian Paramilitary Tells How He Financed His Own Murder Inc.: Bananas," Miami Herald Miami Herald, March 21, 2009.

Page 187 Magdalena Medio . . . hundreds of bodies: Dudley, 41-43, 65; Kirk, 110, 125. Dudley, 41-43, 65; Kirk, 110, 125.

Page 187 Barrancabermeja was outside their control: Dudley, 18-19, 123. Dudley, 18-19, 123.

Page 187 "The threats started in 2001": Juan Carlos Galvis, interview by the author. Juan Carlos Galvis, interview by the author.

Page 188 SINALTRAINAL had nearly two thousand members: William Mendoza, interview by the author. William Mendoza, interview by the author.

Page 188 expanding throughout other South American countries: Panamerican Beverages Inc., Annual Report, 2003. Panamerican Beverages Inc., Annual Report, 2003.

Page 188 acquired a 10 percent share . . . "anchor bottler": Panamerican Beverages Inc., Annual Report, 2003; "Panamerican Beverages and Panamco LLC Historical Timeline," submitted as exhibit to a deposition in Panamerican Beverages Inc., Annual Report, 2003; "Panamerican Beverages and Panamco LLC Historical Timeline," submitted as exhibit to a deposition in SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, May 1, 2003; "Anchors Aboard: c.o.ke Gives Panamco Larger Bottling Role in Latin America," Beverage World Beverage World, December 1, 1995.

Page 188 25 percent by 1997: "Panamerican Beverages and Panamco LLC Historical Timeline," submitted as exhibit to a deposition in "Panamerican Beverages and Panamco LLC Historical Timeline," submitted as exhibit to a deposition in SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, May 1, 2003; "Panamco Merges with Coca-Cola y Hit de Venezuela; Strengthens Position as Leading Anchor Bottler," Business Wire, May 12, 1997.

Page 188 Panamco consolidated seventeen plants: Panamerican Beverages Inc., Annual Report, 2003. Panamerican Beverages Inc., Annual Report, 2003.

Page 189 Some 6,700 c.o.ke workers . . . cutting contracts with its workers: Gill, "Labor and Human Rights"; Lesley Gill, "Coca-Cola in Colombia: Increased Profits, Downsized Workforce," Gill, "Labor and Human Rights"; Lesley Gill, "Coca-Cola in Colombia: Increased Profits, Downsized Workforce," Colombia Journal Colombia Journal, July 27, 2004.

Page 189 acquired by Mexico's Coca-Cola FEMSA: Panamco proxy statement, March 23, 2003; Coca-Cola FEMSA, S.A. de C.V., Annual Report, 2004. Panamco proxy statement, March 23, 2003; Coca-Cola FEMSA, S.A. de C.V., Annual Report, 2004.

Page 189 officials met directly with a member . . . spared any violence: Galvis and Mendoza, interviews by the author; Amnesty International, "Colombia: Killing, Arbitrary Detentions, and Death Threats-The Reality of Trade Unionism in Colombia," January 23, 2007. Galvis and Mendoza, interviews by the author; Amnesty International, "Colombia: Killing, Arbitrary Detentions, and Death Threats-The Reality of Trade Unionism in Colombia," January 23, 2007.

Page 189 Galvis saw Rincon inside the company: Galvis and Mendoza, interviews by the author. Galvis and Mendoza, interviews by the author.

Page 189 arrested and convicted for conspiracy: "Por homicidio de tesorero de la USO cuatro condenados," Fiscalia, April 11, 2007, "Por homicidio de tesorero de la USO cuatro condenados," Fiscalia, April 11, 2007, http://www.fiscalia.gov.co/PAG/DIVULGA/noticias2007/seccionales/SeccHomicidioAbr11.htm; "Aviso de citacion a version libre," Fiscalia, http://www.fiscalia.gov.co/justiciapaz/DetalleVersion.asp?ce=91422724; Galvis, interview by the author; Michael Lydon, "Interview: Juan Carlos Galvis Discusses Colombia's Fight Against Coca-Cola and Its Bitter Attacks on Himself and His Family," Morning Star Morning Star (London), June 13, 2005. (London), June 13, 2005.

Page 190 threats against Galvis . . . then her husband: Galvis, interview by the author. Galvis, interview by the author.

Page 190 several men tried to pull . . . Mendoza declined: Mendoza, interview by the author; Final Report, "An Investigation of Allegations of Murder and Violence in Coca-Cola's Bottling Plants," NYC Fact-Finding Delegation on Coca-Cola in Colombia led by New York City councilman Hiram Monserrate, April 2004. Mendoza, interview by the author; Final Report, "An Investigation of Allegations of Murder and Violence in Coca-Cola's Bottling Plants," NYC Fact-Finding Delegation on Coca-Cola in Colombia led by New York City councilman Hiram Monserrate, April 2004.

Page 191 witnesses reported that an armed robbery: Galvis, interview by the author. Galvis, interview by the author.

Page 192 "He'll work a year" . . . "They are going to disappear me": alvaro Gonzalez, interview by the author. alvaro Gonzalez, interview by the author.

Page 194 "I told them" . . . "We haven't done anything wrong": Gonzalez and Domingo Flores, interviews by the author. Gonzalez and Domingo Flores, interviews by the author.

Page 194 earned the nickname "Chile": Luis Eduardo Garcia, interview by the author. Luis Eduardo Garcia, interview by the author.

Page 194 in death threats he is referred to by that nickname: Garcia, interview by the author; undated death threat signed "aguilas Negras." Garcia, interview by the author; undated death threat signed "aguilas Negras."

Page 195 When Chile first pulled into . . . pieces of candy: Gonzalez, Flores, and Garcia, interviews by the author. Gonzalez, Flores, and Garcia, interviews by the author.

Page 196 fired from their jobs: Gonzalez, Garcia, Flores, and Laura Milena Garcia, interviews by the author. Gonzalez, Garcia, Flores, and Laura Milena Garcia, interviews by the author.

Page 196 174 days in La Modelo: Gonzalez, interview by the author. Gonzalez, interview by the author.

Page 196 case started falling apart . . . ending the investigation: Fiscalia General de la Nacion, Radicado No. 7834, San Jose de Cucuta. Fiscalia General de la Nacion, Radicado No. 7834, San Jose de Cucuta.

Page 196 prosecutors declined to press charges: Eduardo Garcia and Alejandro Garcia Salzedo, union lawyer for SINALTRAINAL, interviews by the author. Eduardo Garcia and Alejandro Garcia Salzedo, union lawyer for SINALTRAINAL, interviews by the author.

Page 196 In 2002, Gonzalez's daughter . . . "I become another alvaro": Gonzalez, interview by the author. Gonzalez, interview by the author.

Page 197 union has been decimated: Carlos Olaya, interview by the author. Carlos Olaya, interview by the author.

Page 197 outsourcing of the workforce: Olaya, interview by the author. Olaya, interview by the author.

Page 198 wages are even worse: Olaya, interview by the author. Olaya, interview by the author.

Page 198 Coca-Cola now controls 60 percent: Olaya, interview by the author. Olaya, interview by the author.

Page 198 threats against SINALTRAINAL continue: Human Rights Watch, Human Rights Watch, Paramilitaries' Heirs: The New Face of Violence in Colombia, Paramilitaries' Heirs: The New Face of Violence in Colombia, February 3, 2010. February 3, 2010.

Page 198 or even e-mailed: E-mail provided by Juan Carlos Galvis. E-mail provided by Juan Carlos Galvis.

Page 198 paramilitaries kidnapped Flores's son: Flores, interview by the author; also reported by Colombia Solidarity Campaign, "Death Threat/Fear for Safety," October 5, 2007, Flores, interview by the author; also reported by Colombia Solidarity Campaign, "Death Threat/Fear for Safety," October 5, 2007, http://www.colombiasolidarity.org.uk/index.php?option=com_content&task=view&id=129&Itemid=45.

Page 198 Chile's daughter Laura Milena Garcia was targeted: Laura Milena Garcia, interview by the author. Laura Milena Garcia, interview by the author.

CHAPTER 8 . THE FULL FORCE OF THE LAW.

Page 202 "At a pretty young age": Dan Kovalik, interview by the author. Dan Kovalik, interview by the author.

Page 202 has done nothing to stem cocaine production: U.S. Government Accountability Office Report 09-71, "Plan Colombia: Drug Reduction Goals Were Not Fully Met, but Security Has Improved; U.S. Agencies Need More Detailed Plans for Reducing a.s.sistance," October 2008. U.S. Government Accountability Office Report 09-71, "Plan Colombia: Drug Reduction Goals Were Not Fully Met, but Security Has Improved; U.S. Agencies Need More Detailed Plans for Reducing a.s.sistance," October 2008.

Page 203 began in Malaysia: Terry Collingsworth, interview by the author. Terry Collingsworth, interview by the author.

Page 205 provided enormous wiggle room to companies: Lance Compa and Jeffrey S. Vogt, "Labor Rights in the Generalized System of Preferences: A 20-Year Review," Lance Compa and Jeffrey S. Vogt, "Labor Rights in the Generalized System of Preferences: A 20-Year Review," Comparative Labor Law and Policy Journal Comparative Labor Law and Policy Journal 22, no. 2/3 (2005), 199-238. 22, no. 2/3 (2005), 199-238.

Page 205 Bill Clinton mediated a compromise: National Consumer League, "One Sweatshop Is Too Many: NCL Celebrates the 10th Anniversary of the White House Apparel Industry Partnership," press release, November 14, 1996. National Consumer League, "One Sweatshop Is Too Many: NCL Celebrates the 10th Anniversary of the White House Apparel Industry Partnership," press release, November 14, 1996.

Page 206 Global Sullivan Principles . . . "safe and healthy workplace": Global Sullivan Principles, "Charter Endorsers," "Frequently Asked Questions," "Principles," Global Sullivan Principles, "Charter Endorsers," "Frequently Asked Questions," "Principles," http://www.thesullivanfoundation.org/gsp/.

Page 206 principles against the use of child labor overseas: Don Melvin, "Child Labor Treaty Has Atlanta Backer," Don Melvin, "Child Labor Treaty Has Atlanta Backer," Atlanta Journal-Const.i.tution Atlanta Journal-Const.i.tution, June 17, 1999.

Page 206 they were completely voluntary: The Coca-Cola Company, "Code of Business Conduct," The Coca-Cola Company, "Code of Business Conduct," http://www.thecoca-colacompany.com/ourcompany/pdf/COBC_English.pdf.

Page 206 a 2005 report by the company: David Teather, "Nike Lists Abuses at Asian Factories," David Teather, "Nike Lists Abuses at Asian Factories," Guardian Guardian, April 14, 2005.

Page 206 "At the end of the day": Terry Collingsworth, interview by the author. Terry Collingsworth, interview by the author.

Page 207 done for the benefit of two foreign companies: Phillis R. Morgan and R. Bradley Mokros, "International Legal Developments in Review: 2000," Phillis R. Morgan and R. Bradley Mokros, "International Legal Developments in Review: 2000," International Lawyer International Lawyer, Summer 2001.

Page 207 "You're a smart lawyer": Terry Collingsworth, interview by the author. Terry Collingsworth, interview by the author.

Page 207 "another example of imperialism": Tamar Lewin, "Judge Bars U.S. Suits on Bhopal," Tamar Lewin, "Judge Bars U.S. Suits on Bhopal," New York Times, New York Times, May 13, 1986 May 13, 1986 Page 207 Alien Tort Claims Act: United States Code, t.i.tle 28, Part IV, Chapter 85, 1350. United States Code, t.i.tle 28, Part IV, Chapter 85, 1350.

Page 208 used exactly twice before 1980: Pamela J. Stephens, "Spinning Pamela J. Stephens, "Spinning Sosa Sosa: Federal Common Law, the Alien Tort Statute, and Judicial Restraint," Boston University International Law Journal Boston University International Law Journal 25, no. 1 (Spring 1997), 1-36. 25, no. 1 (Spring 1997), 1-36.

Page 208 Joel Filartiga . . . Radovan Karadic: Anne-Marie Slaughter and David L. Bosco, "Alternative Justice," Anne-Marie Slaughter and David L. Bosco, "Alternative Justice," Crimes of War Project Crimes of War Project, May 2001.

Page 208 $4.5 billion in damages: David Rhode, "Jury in New York Orders Bosnian Serb to Pay Billions," David Rhode, "Jury in New York Orders Bosnian Serb to Pay Billions," New York Times New York Times, September 26, 2000.

Page 208 no control over the Burmese military: David Moberg, "Burma Inc.; Keeping the Pressure on the Junta and Its Corporate Partners," David Moberg, "Burma Inc.; Keeping the Pressure on the Junta and Its Corporate Partners," In These Times In These Times, October 1, 2001.

Page 208 Unocal settled for an undisclosed amount: Lisa Girion, "Unocal to Settle Rights Claims," Lisa Girion, "Unocal to Settle Rights Claims," Los Angeles Times Los Angeles Times, December 14, 2004.

Page 209 suing ExxonMobil for funneling money: "Labor Fund Sues Exxon, c.o.ke, Fresh Del Monte," "Labor Fund Sues Exxon, c.o.ke, Fresh Del Monte," Social Issues Reporter Social Issues Reporter, September 2001.

Page 209 "hired, contracted with or otherwise": Complaint (1), Complaint (1), SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 4.

Page 210 In addition to the bottlers' agreements: Complaint (1), Complaint (1), SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 10.

Page 210 Coca-Cola Company's quarter share in Panamco: Complaint (1), Complaint (1), SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 15.

Page 210 could block the Kirbys from selling it: Complaint (1), Complaint (1), SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 15-16, 25.

Page 210 "I sought the permission": Richard Kirby Kielland deposition, Richard Kirby Kielland deposition, Gil Gil 2:200-204. 2:200-204.

Page 210 "wherever we operate": "Colombian Union Sues c.o.ke," United Press International, July 20, 2001. "Colombian Union Sues c.o.ke," United Press International, July 20, 2001.

Page 210 "the Coca-Cola Company does not": Nick Rosen, "Colombian Union to Sue Coca-Cola in Human Rights Case," a.s.sociated Press Worldstream, July 19, 2001. Nick Rosen, "Colombian Union to Sue Coca-Cola in Human Rights Case," a.s.sociated Press Worldstream, July 19, 2001.

Page 211 didn't deny that paramilitaries targeted: Juan Forero, "Union Says Coca-Cola in Colombia Uses Thugs," Juan Forero, "Union Says Coca-Cola in Colombia Uses Thugs," New York Times New York Times, July 26, 2001.

Page 211 "You don't use them": Garry M. Leach, "c.o.ke Is It," Garry M. Leach, "c.o.ke Is It," In These Times In These Times, September 3, 2001.

Page 211 "For all we know": Transcript of motion to dismiss, June 6, 2002, Transcript of motion to dismiss, June 6, 2002, SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke.

Page 211 submitted a sample bottlers' agreement: Order on Motion to Dismiss for Lack of Subject Matter (103), Order on Motion to Dismiss for Lack of Subject Matter (103), SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 11.

Page 212 Adolfo de Jesus Munera was shot dead: Gladys Cecilia Rincon de Munera, et al. v. The Coca-Cola Company, et al. Gladys Cecilia Rincon de Munera, et al. v. The Coca-Cola Company, et al., U.S. District Court for the Southern District of California, l:2006-cv-21412.

Page 212 Gil's murder wasn't a war crime: Order on Motion to Dismiss for Lack of Subject Matter (103), Order on Motion to Dismiss for Lack of Subject Matter (103), SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 9-10.

Page 212 no control over the bottlers: Order on Motion to Dismiss for Lack of Subject Matter, Order on Motion to Dismiss for Lack of Subject Matter, SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke (103); (103); SINALTRAINAL v. c.o.ke SINALTRAINAL v. c.o.ke, 11-12.

Page 213 earliest education as an activist: Ray Rogers, interview by the author. Ray Rogers, interview by the author.

Page 214 "corporate campaign": "An Interview with Ray Rogers," "An Interview with Ray Rogers," Working Papers Working Papers, January- February 1982. The first use of the term "corporate campaign" in a major newspaper is in a story about Rogers's campaign against J. P. Stevens: Jack Egan, "Stevens Director Resigns; Avon Chairman Resigns from Stevens Board," Washington Post Washington Post, March 22, 1978.

Page 214 the company's 1977 shareholder meeting: "An Interview with Ray Rogers." "An Interview with Ray Rogers."

Page 215 threatening to pull out millions of dollars . . . bargaining table: Gail Bronson and Jeffrey H. Birnbaum, "Rogers' Tough, Unorthodox Tactics Prevail in Stevens Organizing Fight," Gail Bronson and Jeffrey H. Birnbaum, "Rogers' Tough, Unorthodox Tactics Prevail in Stevens Organizing Fight," Wall Street Journal Wall Street Journal, October 21, 1980; "An Interview with Ray Rogers"; Rogers, interview by the author.

Page 215 the "Ray Rogers Clause": "An Interview with Ray Rogers." "An Interview with Ray Rogers."

Page 215 "Because Stevens": "Labor's Blacklist," "Labor's Blacklist," Wall Street Journal Wall Street Journal, March 24, 1978.

Page 215 "What the labor movement": "An Interview with Ray Rogers." "An Interview with Ray Rogers."

Page 215 goal of anyone wanting to change the world: Saul Alinsky, Saul Alinsky, Rules for Radicals: A Pragmatic Primer for Realistic Radicals Rules for Radicals: A Pragmatic Primer for Realistic Radicals (New York: Vintage, 1989 [orig. pub. 1971]), 10. (New York: Vintage, 1989 [orig. pub. 1971]), 10.

Page 216 "rhetorical rationale": Alinsky, 13. Alinsky, 13.

Page 216 "In a complex" . . . focused their efforts on Philip Morris: Alinsky, 130-132. For an excellent discussion of target selection based on Alinsky's work, see also Kim Fellner, Alinsky, 130-132. For an excellent discussion of target selection based on Alinsky's work, see also Kim Fellner, Wrestling with Starbucks: Conscience, Capital, Cappuccino Wrestling with Starbucks: Conscience, Capital, Cappuccino (New Brunswick, NJ: Rutgers University Press, 2008), 230-231. (New Brunswick, NJ: Rutgers University Press, 2008), 230-231.

Page 216 successful campaigns against Campbell's Soup and American Airlines: Daniel Benjamin, "Labor's Boardroom Guerrilla," Daniel Benjamin, "Labor's Boardroom Guerrilla," Time Time, June 20, 1988; Ted Reed, "Union Hires Consultant for EAL Fight," Miami Herald Miami Herald, July 12, 1989; Larry Neumeister, "Zuckerman Takes Control of Daily News, Visits Newsroom," a.s.sociated Press, January 9, 1993; "American Agreement May Signal More Airline Labor Fights," a.s.sociated Press, December 24, 1987.

Page 217 650 people lost their jobs: Benjamin, "Labor's Boardroom Guerrilla." Benjamin, "Labor's Boardroom Guerrilla."

Page 217 seeking confrontation and publicity: American Dream American Dream, directed by Barbara Kopple (DVD, Cabin Creek Films, 1990).

Page 217 "one of the labor movement's": Benjamin, "Labor's Boardroom Guerrilla." Benjamin, "Labor's Boardroom Guerrilla."

Page 217 forced to relocate: Rogers, interview by the author; Doug Grow, "Labor Activist Bubbly over Coca-Cola Fight," Rogers, interview by the author; Doug Grow, "Labor Activist Bubbly over Coca-Cola Fight," Star Tribune Star Tribune (Minneapolis), April 25, 2004. (Minneapolis), April 25, 2004.

Page 218 A parade of union carpenters . . . challenged c.o.ke's general counsel: David Kaplan and L. M. Sixel, "Human Rights, Salary at Issue for Coca-Cola," David Kaplan and L. M. Sixel, "Human Rights, Salary at Issue for Coca-Cola," Houston Chronicle Houston Chronicle, April 17, 2003.

Page 218 kidnapping and beating of the son of Limberto Carranza: Final Report, "An Investigation of Allegations of Murder and Violence in Coca-Cola's Bottling Plants," NYC Fact-Finding Delegation on Coca-Cola in Colombia led by New York city councilman Hiram Monserrate, April 2004. Final Report, "An Investigation of Allegations of Murder and Violence in Coca-Cola's Bottling Plants," NYC Fact-Finding Delegation on Coca-Cola in Colombia led by New York city councilman Hiram Monserrate, April 2004.

Page 218 SINALTRAINAL released a list of demands: "Seven Points to Settlement," Campaign to Stop Killer c.o.ke, "Seven Points to Settlement," Campaign to Stop Killer c.o.ke, http://www.killerc.o.ke.org/sevpts.htm.

Page 219 yearlong boycott: Cesar Garcia, "Colombian Union Launches Boycott of Coca-Cola for Alleged Role in the Deaths of Plant Workers," a.s.sociated Press Worldstream, July 22, 2003. Cesar Garcia, "Colombian Union Launches Boycott of Coca-Cola for Alleged Role in the Deaths of Plant Workers," a.s.sociated Press Worldstream, July 22, 2003.

Page 219 media reported it as such: Jim Lovell, "Students Call for c.o.ke Boycott," Jim Lovell, "Students Call for c.o.ke Boycott," Atlanta Business Chronicle Atlanta Business Chronicle, November 21, 2003.

Page 219 SunTrust Bank: Madeleine Baran, "Stop Killer c.o.ke!" Madeleine Baran, "Stop Killer c.o.ke!" Dollars & Sense Dollars & Sense, November/ December 2003; Rogers, interview by the author.

Page 219 owned some 50 million c.o.ke shares: "SunTrust Sells Coca-Cola Shares It's Held 88 Years," "SunTrust Sells Coca-Cola Shares It's Held 88 Years," CNBC.com, May 15, 2007, http://www.cnbc.com/id/18677410.






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