SAN QUINTIN AND UNION CORRUPTION IN NORTHERN MEXICO: THE CASE OF BAJA CALIFORNIA
The recent strike-wave that hit Baja California took the world of business by surprise, especially because production in Baja California has grown incredibly in the last several decades.  The northernmost Mexican state is idyllic because of its proximity to the United States but more importantly, the prime southern Californian market with its competitive business climate.  However, in order to foster such a climate, wages in border Mexico have to be kept low; production output, additionally, has to be tightly controlled due to the inflexibility of “just-in-time” production models. This, in turn, has meant that labor unions have been sedated and immobilized in order to ensure products reach their destination markets in timely and scheduled manners. Recent massive strikes in San Quintin – a town south of the U.S.-Mexico border – revealed that time is an incredibly important factor for Baja California’s industry.  The rotting strawberries and other fruit left on the dusty fields sent a clear-cut message. Â
However, what made this strike even more incredible was that official unions did not participate. In fact, mobilization caught them off guard because they had no idea the strike was coming. It is no surprise that over recent years, throughout Mexico, we have witnessed an increase in worker participation in self-created organs outside of unions. There are many reasons for this, but a primary factor has been the prominence of corruption within unions. Indeed, union corruption has negatively affected many workers in Baja California. Rather than represent workers, unions have largely operated for the interest of well-paid bureaucrats, and this is due largely to the way unions have been structured in Baja California. As elsewhere in Mexico, unions have largely been influenced by PRI statecraft, which is defined by its ability to hold power through co-option. Without addressing this entangled relationship, corruption is unlikely to end.
The Mexican Union: a dominant structure
In Mexico, it is not only the Labor Law that secures the right of every worker to organize in a union, but the very country’s constitution. In fact, the country was one of the first that recognized unions as a central element of civil society.
Mexican labor law gives every union member the right to have full insight on the financial activities of the union as well as its political engagement. Additionally, the law defines the function of a union as a collective organ of workers/employees with the task of protecting the workers and their rights in general. It does not, however, give any regulations regarding the union’s structures, ideologies, or tactics.
Theoretically a group of at least 20 workers of the same profession can found a union and be registered with the Department of Labor as soon as these workers elect leadership and agree on a constitution and by-laws. The structure can be developed by founding members and is not regulated by law, although a secretary general has to be elected as a public representative of the organization.
Each union can be autonomous but as indicated by historical development, the majority of local unions are organized in federations. The reason was in the beginning rather a practical one: After the Confederación de Trabajadores de México (CTM) was founded in 1936, it quickly became the most powerful workers organization of the country. The PRI, which was developing its system of incorporation at that time, worked closely with the newly founded labor confederations and supported the development of union supra-structures. The interaction between the PRI and the CTM led to a fast bureaucratization of the CTM (some researchers argue that the bureaucratization of the CTM led to the involvement of the PRI). In contrast to other attempts of union network building, the CTM formalized its structures far beyond annual meetings and information interchange and became a full organization.
To some degree, it seems that this additional bureaucratic layer is particularly open to corruption. Furthermore, by taking advantage of the concept of autonomy, union leaders extend their power in the organization. By denying any external observation, any given union leader can become a very powerful actor – if not the principal one – in the entity.
What is visible today is that a long history of pro-union politics and explicit legal protection do not lead to a strong workers representation: the country’s labor organizations failed over the years in protecting its workers and many organizations that call themselves “unions” only serve its own leadership through a net of corruption and blackmailing.
Since the abuse of union structures is not limited to a specific organization or region, the problem must be seen as a structural one. As shown, the labor law itself offers relatively good protection but the amount of abuses inflicted on workers proves that this protection mainly exists on paper. Some of the problems are based on the described legal frame, such as the potentially uncontrolled power of union leaders in the legally autonomous organizations.
Other issues are rooted in the support of nationwide bureaucratic networks that make-up union confederations. These networks create a variety of new positions – on federal, state, and local levels – whose tasks are poorly defined. Their main functions are to create relations between the unions they represent and the political elite. This puts the CTM leadership itself in a very powerful position. They’re almost like gatekeepers for union demands: they exercise influence over each union, favoring the interests of few, but they are also spokespersons for large quantities of workers, which gives them a kind of power over political elites.
Beyond that, some unions are abusing the part of the labor law that limits the right to strike to situations in which negotiations failed and after the employer received the information about an upcoming strike. Especially workers in the maquiladora industry: they are frequently represented by these so called “yellow” or” white” unions – which are not fighting for the employees but rather the employer – that keep the workers from negotiating for their rights.
The blackmailing of employers, for example (the offer to suppress strikes if the employer pays money to the union leadership) as well as the widespread corruption is not addressed at all by these legal gaps.
Unions in Baja California, Historically
In order to understand union corruption in Baja California in particular, it is necessary to provide some breadth regarding its historical development of unionism. Early union formations in Baja California were premised on the necessity of self-organization for the direct purpose of protection from exploitation. In Baja California, many of the original business owners were American. It goes without saying that explicit racism was a dominant notion held by many.
It could be said that Tijuana functioned similarly to Las Vegas – it was a commercial hub that attracted tourists and gamblers alike, allowing, for the sake of capital accumulation, the fulfillment of desires premised on vice. Hence, Tijuana functioned in its early day as a legal and commercial haven for business owners. But still, given the popularly held conceptions of race at the time, American business owners did not want to employ Mexican workers – despite the supposedly sovereign land in which they found themselves.
Hence, business owners principally employed American managers and hired Chinese workers to conduct work that necessitated subordinate interactions with customers – all the while Mexicans were only allowed to work in warehouses or in backrooms where they were invisible to clientele. Given these practices were established during and after the Mexican revolution, unions thus formed as a basic response to incredibly poor working conditions.
In the 1920s, radical nationalist and anarcho-communist unions thus formed in Tijuana and Mexicali. Tijuana became home to an increasingly militant base of workers around tourism and services, while in Mexicali, agrarian workers mobilized against landowners. But with the end of revolution, came the political monopoly of the Partido Revolucionario Institucional (PRI). The PRI came into being when fascism was sweeping across Western Europe.
Since the revolutionary fervor that swept Mexico was based on specific demands placed by a largely agrarian and heterogeneous society, what ever government came after would have to address such radical desires for which the revolution was fought for. The PRI, which was the political party that came to monopolize the government after the initial formation of the PRN, established a radical, revolutionary discourse while maintaining a corporatist structure that mimicked elements of Italian and German fascism, hence conserving bourgeois relationships to private property, while conceding basic demands to labor. Though unions were allowed to be established, under the post-revolutionary relationship, the Mexican government was meant to act as arbiter between labor and capital.
The previous unions that existed in Tijuana were thus consolidated under the new structures that permitted state control. Unions and civil organizations were attached to the PRI as semi-autonomous organs of the party, primarily under umbrella federations such as the CROC, CROM, CTM, CNOP, and so on. Meanwhile, on the side of business, as unions grew so too did the role of chambers of commerce and business associations. Hence, by making organizations that channeled energies and disputes to the State, the PRI could effectively wield control from the top-down. Union members that supported the State agenda obviously received PRI support, while those that ran counter-current were marginalized by the State. This is not to say that the relationship between State and union was one that was fixed; these observations note tendencies, not law. Militancy and conflict with the State and the status quo did occur, but PRI co-option was constant.
By the 1980s, under the necessity of reform due to the changing global economic order, unions were forced to undergo a series of transformations. Some fought this, but many took the side of the State, which having to undergo structural adjustment, took aim at the social welfare state and those vehicles that protected it. Unions with high levels of bureaucracy (such as the CTM, which is also one of the unions with the greatest number of members) quickly conformed to the new regime of social organization. What became increasingly common was the establishment of contratos de proteccion (protection contracts), wherein union representatives make contracts directly with employers in order to protect the firm from any worker actions as well as staving off militant unionism. Under such cases, it is even common that union representatives not even inform the employees at the site they are represented by unions. Though such cases are prominent, it must once again be noted that this tendency rather than rule, as Chris Tilly points out. It depends on local tradition and history whether the unions offer a genuine form of worker representation and protection.
However, in the last couple of decades, Tijuana and most of Baja California has increasingly rid itself of union militancy. This has lead to a notable trend: workers prefer to organize outside of union channels, fearing co-option and corruption within the unions. This is precisely the reason that farm workers in San Quintin recently organized independently from unions, catching them off-guard when the strike was called earlier this year. Due to large scale co-option throughout Baja California, workers looking to organize, few as they are, hardly look towards union confederation.
Union Organizations Currently Operating in Baja California
Due to the conflicts in San Quintin, where day laborers organized a revolt against their employers without the involvement of official unions, the Confederación Nacional Campesina (CNC) got international media attention. Their absence in the areas of conflict – their unwillingness to get involved – was explained by saying the conflict is "too political". They made it very clear, then, that the organization had no interest in fulfilling its duty to protect the workers from exploitation. Among other things, it was the international critique that led to severe internal conflicts in the CNC of Baja California.
The Confederación Revolucionaria de Obreros y Campesinos (CROC) is relatively passive in the field of labor law in Baja California, on the other hand. The Confederation is, however, strongly involved in local politics. Jorge Alfredo Guadalupe Escobar Sánchez, head of the confederation, is a city council member of Tijuana – the state’s biggest city – and member of the Infonavit counseling group in Mexicali. The CROC representative for Tijuana – Jesús Javier Merino Duarte – is also a member of the city council, as well as being head of several smaller unions in the city. Raymundo Estrada Ortega, another representative of CROC, is the head of a construction worker union and seems to have close relations to the Hank government.
What becomes clear, however, is that single individuals are holding a variety of power positions that are usually meant to exercise a certain control over each other. Â The unions, on the one hand, via public protest; the government, on the other, via corrective legislation.
Similar to CTM and CROC, ConfederaciĂłn Regional Obrera Mèxicana (CROM) is criticized for their lack of support in the case of the labor conflicts in agriculture (San QuintĂn, Oaxaca, etc.). Together with the CTM, the CROM was accused by the workers to actively undermine the strikes and protests in San Quintin. The reason for this total lack of support can be seen again in the strong relations between the confederation and the PRI. On a federal level, the Secretary General is also a congressman; on a local and state level, the connections are less obvious but the CROM representatives in Tijuana and Mexicali are involved in the consulting committee of Infonavit in both cities. Furthermore, the CROM openly supported the PRI during the elections in 2012, something which should not be too surprising as nearly all the major unions throughout Mexico claim a direct relationship with the PRI.
Union Corruption in Baja California Socially and Culturally
In the first half of 2015, Tijuana became a prime example for the role that corruption plays not only in the unions but also in Mexico's society in a whole. A case that made headlines beyond the city's borders was a report on an internal investigation that claimed more than 150 officers were and/or are involved in organized crime, excessive violence, blackmailing. The problem about this situation was not only a completely dysfunctional police force but that fact that these crimes were known to the city government for years. It is this silence, the acceptance that creates the basis for widespread corruption in the unions.
The cases touch all parts of everyday life. One example is the taxi/public transportation driver union. A taxi in Mexico has to be registered as such. Aside from taxation purposes, this strategy is intended to prevent an oversupply of taxis in a specific region or city; hence, it does protect drivers' income.
A problem the drivers (as well as the state) are confronted with, however, is the illegal reproduction of taxi licenses. The city of Tijuana attempts to battle this fraud through concentrated police actions. These actions come with a remarkable lack of success. In may 2015, the CTM accused the local union of informing the drivers about time and date of police checkpoints so that they can be avoided by drivers with false licenses. Even though this is a problem, the CTM is criticizing the wrong end of the chain: Yes, it is very likely that the local union informs its drivers, but it is the police that informs the union and it is the government that decides to have single dates of “taxi checkpoints”.
At least four parties are involved in this circle – and none of them loses profit (although the biggest and at the same time poorest group of people is paying the major part). And it has to be said: “at least” the taxi union in Tijuana is a member of the CTM – even though CTM released a statement against corruption, it is more than likely that at least some of its members are actively involved in the case. Especially because the secretary general of the CTM in Tijuana is at the same time a member of the city council.
A look at the statewide leader of the organization, Eligio Valencia Roque, speaks further against the CTM as a force that works against corruption. When he was accused of Fiscal Evasion and fraudulent real estate deals, he miraculously avoided jail by taking an oath of office for the seat of representative, which includes immunity – despite the presence of federal agents. This episode alone makes clear how low the CTMs interest in legal control over administrative activities is. The fact that his son – as well as his son-in-law – are in power positions within the CTM and/or the PRI further strengthens the assumption of the organization’s involvement in the corrupt structures that lead to mentioned protection of fraudulent taxi registrations in Tijuana.
Another field that is heavily affected by the consequences of corruption is education. Since 2013, the teachers union Sindicato Nacional de Trabajadores de la Educación (SNTE) became infamous when their long-time leader, Elba Esther Gordillo, was arrested for embezzlement of union money. During the month following her arrest, a variety of union leaders in different states were arrested for quite similar offenses. During these arrests – and in combinations with a wave of big strikes in Mexico City – it was confirmed that the union consisted of a very rich leadership that was representing very poor workers. Whereas most of the legal consequences already happened, the social effect of a union that did not work for its workers but rather stole from them was striking in last April Baja California. The scandals around the SNTE strengthened alternative organizations, such as the Coordinadora Nacional de Trabajadores de la Educación (CNTE) which is currently calling for strikes to finally fight for a better income for rural teachers and a change in union leadership resulting from the broad indignation towards Elba Esther Gordillo, thus spurring a mobilizing effect on the members of the SNTE.
But it is society at large that loses most – since the taxi union covers all kinds public transportation, the money paid to police and government is put on the drivers and they have to give the financial burden to their customers – the vast majority are within low-income social groups. The damage done by the corrupt leadership of the SNTE goes even deeper. The educational system in Mexico is very weak, resulting in the fact that the country is not able to compete on an international level and in some areas, such as Oaxaca, Guerrero, and Chiapas, around 20% of the population is illiterate – a rate more than twice that of the Latin American average. The unstable payment given to those who work in the educational system is a main factor for this weakness. Therefore, the current fight for higher wages might have the potential to actually better not only the teachers’ lives but also the students’ future. The current downside is that schools remain closed and students receive poor-quality education largely due to systemic corruption and exploitation, executed by an organization that is supposed to safeguard their rights.
What is interesting about this deeply embedded corruption is the public’s reaction to it.  Corruption is not only widespread but also popularly recognized as an issue. Transparency campaigns as well as open accusations are found on a regular basis: The CTM claimed to battle corruption in May 2015, the federal government just released a new anti-corruption law in June, and the Mexican Employers' Association (Coparmex) implemented anti-corruption rules in February.  These are only the most recent allegations of the last four months. Yet, none of this is new: anti corruption laws and campaigns have been implemented for quite some time.  Such measures, simply, have not rendered considerable positive results.Â
There is currently no reason to believe, that the new regulations will be any different. The possibility to concentrate power in individuals that hold positions in unions as well as the government will not end with the new regulations. It is this relationship that makes corruption so common. The problem in Mexico is that this entanglement of the state and its civil organizations is a central element of the PRI’s statecraft. The strategy to implement forces before they might become a threat to the PRI’s power enabled the party to keep power over most part of the 20th century. Therefore it is safe to say that as long as the PRI holds any power in Mexico, there is little to no ground to effectively battle corruption.