The Coke Machine (53 page)

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Authors: Michael Blanding

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Page 189 Galvis saw Rincón inside the company:
Galvis and Mendoza, interviews by the author.
Page 189 arrested and convicted for conspiracy:
“Por homicidio de tesorero de la USO cuatro condenados,” Fiscalía, April 11, 2007,
http://www.fiscalia.gov.co/PAG/DIVULGA/noticias2007/seccionales/SeccHomicidioAbr11.htm
; “Aviso de citación a versión libre,” Fiscalía,
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
(London), June 13, 2005.
Page 190 threats against Galvis . . . then her husband:
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.
Page 191 witnesses reported that an armed robbery:
Galvis, interview by the author.
Page 192 “He’ll work a year” . . . “They are going to disappear me”:
Álvaro González, interview by the author.
Page 194 “I told them” . . . “We haven’t done anything wrong”:
González and Domingo Flores, interviews by the author.
Page 194 earned the nickname “Chile”:
Luis Eduardo García, interview by the author.
Page 194 in death threats he is referred to by that nickname:
García, interview by the author; undated death threat signed “Águilas Negras.”
Page 195 When Chile first pulled into . . . pieces of candy:
González, Flores, and García, interviews by the author.
Page 196 fired from their jobs:
González, García, Flores, and Laura Milena García, interviews by the author.
Page 196 174 days in La Modelo:
González, interview by the author.
Page 196 case started falling apart . . . ending the investigation:
Fiscalía General de la Nación, Radicado No. 7834, San José de Cúcuta.
Page 196 prosecutors declined to press charges:
Eduardo García and Alejandro García Salzedo, union lawyer for SINALTRAINAL, interviews by the author.
Page 196 In 2002, González’s daughter . . . “I become another Álvaro”:
González, interview by the author.
Page 197 union has been decimated:
Carlos Olaya, interview by the author.
Page 197 outsourcing of the workforce:
Olaya, interview by the author.
Page 198 wages are even worse:
Olaya, interview by the author.
Page 198 Coca-Cola now controls 60 percent:
Olaya, interview by the author.
Page 198 threats against SINALTRAINAL continue:
Human Rights Watch,
Paramilitaries’ Heirs: The New Face of Violence in Colombia,
February 3, 2010.
Page 198 or even e-mailed:
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,
http://www.colombiasolidarity.org.uk/index.php?option=com_content&task=view&id=129&Itemid=45
.
Page 198 Chile’s daughter Laura Milena García was targeted:
Laura Milena García, 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.
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 Assistance,” October 2008.
Page 203 began in Malaysia:
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,”
Comparative Labor Law and Policy Journal
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.
Page 206 Global Sullivan Principles . . . “safe and healthy workplace”:
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,”
Atlanta Journal-Constitution
, June 17, 1999.
Page 206 they were completely voluntary:
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,”
Guardian
, April 14, 2005.
Page 206 “At the end of the day”:
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,”
International Lawyer
, Summer 2001.
Page 207 “You’re a smart lawyer”:
Terry Collingsworth, interview by the author.
Page 207 “another example of imperialism”:
Tamar Lewin, “Judge Bars U.S. Suits on Bhopal,”
New York Times,
May 13, 1986
Page 207 Alien Tort Claims Act:
United States Code, Title 28, Part IV, Chapter 85, §1350.
Page 208 used exactly twice before 1980:
Pamela J. Stephens, “Spinning
Sosa
: Federal Common Law, the Alien Tort Statute, and Judicial Restraint,”
Boston University International Law Journal
25, no. 1 (Spring 1997), 1-36.
Page 208 Joel Filártiga . . . Radovan Karadžić:
Anne-Marie Slaughter and David L. Bosco, “Alternative Justice,”
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,”
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,”
In These Times
, October 1, 2001.
Page 208 Unocal settled for an undisclosed amount:
Lisa Girion, “Unocal to Settle Rights Claims,”
Los Angeles Times
, December 14, 2004.
Page 209 suing ExxonMobil for funneling money:
“Labor Fund Sues Exxon, Coke, Fresh Del Monte,”
Social Issues Reporter
, September 2001.
Page 209 “hired, contracted with or otherwise”:
Complaint (1),
SINALTRAINAL v. Coke
, 4.
Page 210 In addition to the bottlers’ agreements:
Complaint (1),
SINALTRAINAL v. Coke
, 10.
Page 210 Coca-Cola Company’s quarter share in Panamco:
Complaint (1),
SINALTRAINAL v. Coke
, 15.
Page 210 could block the Kirbys from selling it:
Complaint (1),
SINALTRAINAL v. Coke
, 15-16, 25.
Page 210 “I sought the permission”:
Richard Kirby Kielland deposition,
Gil
2:200-204.
Page 210 “wherever we operate”:
“Colombian Union Sues Coke,” 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,” Associated Press Worldstream, July 19, 2001.
Page 211 didn’t deny that paramilitaries targeted:
Juan Forero, “Union Says Coca-Cola in Colombia Uses Thugs,”
New York Times
, July 26, 2001.
Page 211 “You don’t use them”:
Garry M. Leach, “Coke Is It,”
In These Times
, September 3, 2001.
Page 211 “For all we know”:
Transcript of motion to dismiss, June 6, 2002,
SINALTRAINAL v. Coke
.
Page 211 submitted a sample bottlers’ agreement:
Order on Motion to Dismiss for Lack of Subject Matter (103),
SINALTRAINAL v. Coke
, 11.
Page 212 Adolfo de Jesús Munera was shot dead:
Gladys Cecilia Rincón 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),
SINALTRAINAL v. Coke
, 9-10.
Page 212 no control over the bottlers:
Order on Motion to Dismiss for Lack of Subject Matter,
SINALTRAINAL v. Coke
(103);
SINALTRAINAL v. Coke
, 11-12.
Page 213 earliest education as an activist:
Ray Rogers, interview by the author.
Page 214 “corporate campaign”:
“An Interview with Ray Rogers,”
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
, March 22, 1978.
Page 214 the company’s 1977 shareholder meeting:
“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,”
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.”
Page 215 “Because Stevens”:
“Labor’s Blacklist,”
Wall Street Journal
, March 24, 1978.
Page 215 “What the labor movement”:
“An Interview with Ray Rogers.”
Page 215 goal of anyone wanting to change the world:
Saul Alinsky,
Rules for Radicals: A Pragmatic Primer for Realistic Radicals
(New York: Vintage, 1989 [orig. pub. 1971]), 10.
Page 216 “rhetorical rationale”:
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,
Wrestling with Starbucks: Conscience, Capital, Cappuccino
(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,”
Time
, June 20, 1988; Ted Reed, “Union Hires Consultant for EAL Fight,”
Miami Herald
, July 12, 1989; Larry Neumeister, “Zuckerman Takes Control of Daily News, Visits Newsroom,” Associated Press, January 9, 1993; “American Agreement May Signal More Airline Labor Fights,” Associated Press, December 24, 1987.
Page 217 650 people lost their jobs:
Benjamin, “Labor’s Boardroom Guerrilla.”
Page 217 seeking confrontation and publicity:
American Dream
, directed by Barbara Kopple (DVD, Cabin Creek Films, 1990).
Page 217 “one of the labor movement’s”:
Benjamin, “Labor’s Boardroom Guerrilla.”
Page 217 forced to relocate:
Rogers, interview by the author; Doug Grow, “Labor Activist Bubbly over Coca-Cola Fight,”
Star Tribune
(Minneapolis), April 25, 2004.
Page 218 A parade of union carpenters . . . challenged Coke’s general counsel:
David Kaplan and L. M. Sixel, “Human Rights, Salary at Issue for Coca-Cola,”
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.
Page 218 SINALTRAINAL released a list of demands:
“Seven Points to Settlement,” Campaign to Stop Killer Coke,
http://www.killercoke.org/sevpts.htm
.
Page 219 yearlong boycott:
César García, “Colombian Union Launches Boycott of Coca-Cola for Alleged Role in the Deaths of Plant Workers,” Associated Press Worldstream, July 22, 2003.
Page 219 media reported it as such:
Jim Lovell, “Students Call for Coke Boycott,”
Atlanta Business Chronicle
, November 21, 2003.
Page 219 SunTrust Bank:
Madeleine Baran, “Stop Killer Coke!”
Dollars & Sense
, November/ December 2003; Rogers, interview by the author.
Page 219 owned some 50 million Coke shares:
“SunTrust Sells Coca-Cola Shares It’s Held 88 Years,”
CNBC.com
, May 15, 2007,
http://www.cnbc.com/id/18677410
.
Page 220 casualties of a globalizing economy:
See Klein,
No Logo
.
Page 220 protests at the WTO meetings:
For an activists’ perspective on the event, see David Solnit and Rebecca Solnit,
The Battle of the Story of the Battle of Seattle
(Edinburgh, Scotland: AK Press, 2009).
Page 220 patchouli-scented caravan of activists:
See Naomi Klein,
Fences and Windows: Dispatches from the Front Lines of the Globalization Debate
(New York: Picador, 2002).
Page 220 removed Coke from its campus:
Lovell, “Students Call for Coke Boycott”; “Boycott Killer Coke!” Colombia Action Network.

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