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The president of the Colombian Oil Workers&rsquo; Trade Union (USO) was dismissed from his employment at 95% nationally-owned Ecopetrol on 13 December, in an attempt to remove the democratically elected leader of the union and weaken the organisation. The move was based on national legislation blocking individuals holding public office becoming involved in politics, following Vecino&rsquo;s participation at a speaking event involving a political candidate of the left wing Polo Democr&aacute;tico, the event was held to commemorate the death of Jorge Ortega, Vice President of the CUT. The law should only apply to individuals holding managerial responsibilities inside a company which president Rodolfo Vecino Acevedo does not. It is absurd to attempt to use this legislation against a union leader, who necessarily seeks to affect the politics of a company as well as of the country, in the interest of the workers s/he represents. The vast majority of USO members are supporters of the Polo Democr&aacute;tico. 
<img alt="" src="" width="163" height="159" />
USO President Rodolfo Vecino
The blatant attack on union freedom and autonomy follows a long historical trend of intimidation and harassment of ICEM&rsquo;s militant affiliate USO. In 2011 USO conducted a strong campaign for improved pay and conditions for its members at foreign multinational corporations (MNCs), especially Canadian-based Pacific Rubiales. Many see the Colombian government and authorities repeatedly prioritising the interests of foreign MNCs far above those of Colombian workers. A further pernicious reason for the arbitrary sacking of president Vecino could be the strong opposition from USO to the government attempts at privatising Ecopetrol. It is a core value of USO that oil industry operations in Colombia must be publically owned, instead of foreign companies exporting profits from their oil wealth. 
 
The ruling also blocks president Vecino from holding office for a period of 10 years. 
 
The investigation against Vecino was carried out by Ecopetrol&rsquo;s Office of Disciplinary Inspection, which is conducting a wide ranging systematic attack on the union, with the clear intention to destroy USO all together. Three other USO officials targeted by the office are General Secretary Edgardo Lozano, Jaime Rodriguez, Head of the pipeline subcommittee, and Joaqu&iacute;n Padilla in Cartegena province. There are over 1,000 investigations by the office on USO activists. 
 
During the Pacific Rubiales campaign at the end of 2011 threats from alleged paramilitaries increased, with USO leaders receiving verbal and written threats of kidnap, torture and death for their role in the strike in the eastern department of Meta. Pacific Rubiales publically condemned the threats. In his 27 years as a trade union activist, president Vecino has suffered the attempted kidnapping of his children, two attacks, and multiple threats. View a <a href="http://www.youtube.com/watch?feature=player_embedded&amp;v=x0W9F-REMNk">video of Vecino</a> describing this here. 
 
The ICEM Congress in Buenos Aires, last November, resolved to support Colombian workers, under vicious attack by employers and many aspects of the state. Write to <a href="mailto:presidencia@ecopetrol.com.co">Ecopetrol President Javier Gutierrez Pemberthy</a> here. See the Belgian <a href="/wp-content/migration/icem/1201%20fgtb%20letter%20to%20ecopetrol.pdf">Centrale Generale FGTB&rsquo;s</a> letter to Pemberthy here. 
 
4,500 trade unionists have been assassinated in Colombia in the last 25 years. The trend of violence has not been stopped by new national president Juan Manuel Santos.

ICEM Affiliates Called on to Support Sacked Colombian USO President Rodolfo Vecino

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A global ICEM Conference dedicated to discussing CAL took place immediately prior to the ICEM Fifth Statutory Congress in Buenos Aires on 23 November. The Conference brought together more than 400 delegates from 69 countries to exchange stories of best practice, to evaluate work done on CAL, and to probe the future fight against Contract and Agency Labour (CAL). 
 
The meeting was chaired by Sergio Novais, ICEM Vice President for Latin America/Caribbean, with an introduction by ICEM General Secretary Manfred Warda, who said, &ldquo;This conference is about an issue that has been one of the highest on the political agenda of the ICEM for many years. But despite our efforts, CAL is still spreading. In some countries it has become the regular employment situation.&rdquo; 
<img alt="" src="" width="215" height="160" />
Sergio Novais
For individual workers, Warda said, there is more job insecurity, less regular hours, lower and irregular pay, fewer benefits, and in many cases no access to social benefits and an increased health and safety risk. There is evidence that CAL is being used by employers to deny workers their right to freedom of association, and in many countries CAL workers are either legally or in practice prevented from joining a union. 
 
The conference began with ICEM CAL Project Coordinators and J&ouml;rgen Juul Rasmussen, General Secretary of DEF Denmark, introducing the CAL situation in Asia, Latin America, Sub-Saharan Africa and Europe. Aranya Pakapath, ICEM CAL Coordinator for Asia, shared a number of recent developments in the fight against CAL. In India, following a number of training workshops conducted by the ICEM, the Indian mineworkers&rsquo; union managed to negotiate a clause on CAL in a new mining sector agreement. The language states that companies should not engage contract workers on work of a permanent nature and that payment of contract workers will either be by cheque or bank transfer &ndash; so there is proof there is a relationship. 
 
In Malaysia, said Pakapath, the government last year attempted to introduce legislation to legalise employment agencies. After a conference the ICEM held with the Malaysian Trades Union Confederation (MTUC), the confederation petitioned the government to withdraw the bill. The bill was withdrawn, but last month was reintroduced and Parliament approved it. Pakapath highlighted the efforts of unions in Indonesia &ndash;where the paper unions have been actively organising outsourced workers and succeeded in recruiting 580 workers &ndash; and the Philippines where unions have been trying to ban employment agencies through legislation and the industrial courts. 
 
In Pakapath&rsquo;s home country, she noted that at the Electric Generating Authority of Thailand (EGAT), EGAT-LU, with the solidarity and support of the Danish Electricians&rsquo; Union, managed to make fixed term workers into permanent workers, who are now entitled to social benefits. 
 
The ICEM and German affiliate IGBCE supported the Linde union in their struggle to get the industrial gas company to take responsibility for and respect the rights of CAL workers which finally resulted in the signing of an agreement between the company and the union. 
 
Elias Pintado of Brazil &ndash; who works together with Rosane Sasse to coordinate the CAL project in Latin America &ndash; highlighted some of the work carried out by ICEM affiliates to fight CAL and to improve legislation on outsourcing. Pintado explained that, with the exception of Brazil, all countries in the region have specific legislation to regulate outsourcing. 
 
Often these laws stipulate joint responsibility for employers who use outsourcing. In Brazil, the national congress is currently debating 26 bills to regulate outsourcing, most of which make it possible to outsource almost all functions. Brazilian unions are currently trying to collect one million signatures in support of one particular bill that would safeguard workers. 
 
Other Latin America unions have brought legal cases on the basis of legislation in force in countries, and in some cases have met with success. As a result of the many cases taking place in Brazil, the Higher Labour Court held a consultation on outsourcing. The chemical workers&rsquo; union has negotiated a code of conduct with Bayer in Brazil on outsourcing, which states that the employer is required to discuss CAL with the unions and inform the unions of the reasons why certain sectors would be subject to outsourcing. The code guarantees that user enterprises will pay wages and taxes for the CAL workers if the agency fails to do so. 
 
Before agencies can work for Bayer they must prove that they have no responsibility regarding workers&rsquo; wage arrears. Pintado informed delegates that on 28 July 2011, the Latin America Day against CAL was launched at a seminar in Colombia. Following the seminar, ICEM affiliates wrote to the head of Mercosur proposing unique legislation in the region on CAL. Many trade unions in the region have modified their statues and set up secretariats dedicated to CAL to monitor implementation of contracts and to represent workers. There are also shop stewards elected from among the CAL workers. 
 
The Sub-Saharan Africa strand of the ICEM CAL project has carried out activities in Senegal, Guinea Conakry, Sierra Leone, Nigeria, Mozambique, Mauritius, South Africa and Namibia. In the multitude of cases, the region has the aim of strengthening union negotiations and campaigns, to find solutions to negative practices, and to influence governments to introduce binding regulations on the use of CAL. 
 
A report by Joseph Toe, ICEM CAL Project Coordinator for the region, highlighted the fact that unions are joining forces on these common objectives. In Guinea, the three ICEM affiliates have formed a CAL Steering Committee; in Nigeria, the two ICEM affiliates in the oil and gas sectors are working closely together, and there is close cooperation between ICEM&rsquo;s affiliates in South Africa and Namibia. 
 
Toe highlighted how Global Framework Agreements (GFAs) with Anglo Gold Ashanti and Umicore have been used to create space for collective agreements that cover all workers. In Sierra Leone, the Ministry of Labour has an action plan to stop the extension of agencies. In Nigeria, the Ministry for Petrol has published guidelines to control the activities of agencies. 
 
The guidelines cover industrial relations, collective bargaining for CAL workers, employment security and vocational training for CAL workers. In Mozambique, SINTIQUIAF has recruited into their ranks 300 CAL workers &ndash; the majority of whom are women aged 18-30. There is excellent cooperation between the labour inspectorate and the leadership of SINTIQUIAF, and labour inspectorate officials have attended all ICEM CAL seminars. The statutes of some unions have been amended &ndash; for example, Mauritius and Senegal &ndash; to make it possible for unions to recruit CAL workers. 
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Introducing the CAL situation in Europe, J&ouml;rgen Juul Rasmussen of Denmark, said that insecure work is the most rapidly-growing form of employment in Europe said that about 14% of all workers in Europe are on precarious jobs. At a company level, said Rasmussen, it is vital that shop stewards address the problem. In Denmark, the unions are fighting at the national level to include language on CAL in CBAs and the labour courts have ruled that when you have an agreement it must also apply to CAL workers. 
 
In Europe, for many years unions have demanded a Directive on agency work &ndash; this was agreed in 2008. All EU member states are implementing the Directive, although some countries are finding national solutions. Globally, unions can use ILO Conventions and Recommendations and, where necessary, engage in global campaigns. 
 
European labour organisations EMCEF, EMF, and ETUF: TCL have agreed that CAL is a major negotiating priority. 
 
Rasmussen highlighted some inspirational examples from Europe. For instance in Denmark, there is a major industrial agreement with a paragraph that says CAL workers should have the same rights as permanent workers. In Sweden, the unions and employers have joint committees to authorise the use of agencies and agency workers must have the same average wages as their permanent equivalents. 
 
A 2010 agreement, states that companies cannot hire agency workers if they have dismissed permanent workers over the previous six months. IF Metall in Sweden has agreed that employers must negotiate with the union before taking on agency workers for more than one month. In the construction sector in Belgium, the unions managed to ban the use of one-day contracts through collective agreements. 
 
The second part of the conference saw the exchange of best practice examples, with panels composed of ICEM affiliates from Mauritius, India, the Netherlands, Colombia, Senegal, Malaysia, Turkey and Argentina. Sascha Meijer described how FNV Bondgenoten is working to protect the rights of between 3,000 and 4,000 migrant workers involved in a major construction project in the Netherlands. The migrant workers, the vast majority of whom work through agencies or subcontractors, put in long days for low wages, do not get extra pay for working weekends, and are deducted amounts for accommodation and transport. 
 
The wrong social security regime is being used and the cheapest CBA &ndash; the wrong one &ndash; is being applied, all amounting to unequal pay for the same work. FNV Bondgenoten in the Netherlands developed a new, flexible approach to organising workers in this challenging context. They are building relationships with the workers, using the media to name and shame the exploitative agencies and employers, and making sure that relevant questions are put to Parliament. 
 
Bondgenoten is establishing better relations with unions in the home countries of the workers, and has signed a framework agreement with the energy employers on CAL matters, which includes a procedure for resolving conflicts and it also necessitates regular dialogue. Meijer highlighted the need for stronger international cooperation between unions to make union membership more worthwhile for migrant workers. 
 
Panellists shared examples of actions being taken at national, company and trade union levels in the fight for permanent direct employment and for equality of treatment. At the national level, Sutids, the industrial workers&rsquo; union of Senegal, launched an awareness-raising media campaign, communicated with employers and lobbied the President of Senegal, the national assembly, the Senate and the Ministry of Labour. These actions contributed to the passing of a bill on employment agencies. 
 
The provisions include employers can only use temporary workers to carry out specific tasks, and not for more than two years; that CAL workers must be paid the same as permanent workers; and that at the end of the contract the agency must pay 7% of the total gross remuneration during the whole period of the contract. Sutids also recruited 1,200 new CAL members. 
In Mauritius, in October, the ICEM affiliate SYNDICATRAVAYER signed the first ever collective agreement in the construction sector where permanent and CAL workers are both covered &ndash; there is a 15% wage increase for all workers and, most importantly, all workers doing work of the same value must be equally remunerated. 
 
ICEM Turkish affiliate Petrol-Is drew attention to the protocol signed with T&uuml;praş, Turkey&rsquo;s largest industrial enterprise, which states that CAL workers must become permanent employees once they have worked at the company for seven months. The Chemical Mazdoor Federation of India reported that an affiliated union managed to recruit all 650 CAL workers in a chemical plant, who then got almost all the benefits given to permanent workers. 
 
At the same time, there are several cases pending in the Indian courts as unions have filed complaints against employers for using &ldquo;sham and bogus&rdquo; contracts. For more than ten years, Sintracarbon of Colombia has been organising CAL workers. Some 6,000 of the 11,000 workers at Carbones del Cerrejon, the world&rsquo;s largest open cast coal mines, are contract workers &ndash; they work long days, are far from their families, and are paid the minimum possible. Recently, the union had successes in organising mechanical workers and is working on a set of demands with the supplier company. Now 20% of Sintracarbon&rsquo;s members are contract workers. 
 
The panellists also discussed actions unions are taking to improve recruitment, active involvement and representation of CAL members. In India, dedicated unions have been established for CAL workers and others have opened their door to CAL workers &ndash; for example the Indian National Mineworkers&rsquo; Federation has succeeded in organising 10,000 CAL members. In Mauritius, SYNDICATRAVAYER amended their rules and reduced membership fees from 50 Rupees to 1 Rupee. The union constructed a two-story building which members can use, created an IT school were CAL workers and their families can receive free training and established a credit union where members can take out loans. Within 18 months, 3,000 new members have been recruited in the construction sector alone. 
 
The final panel of the day, comprising the General Secretaries of the IMF, the ICEM and the ITGLWF and chaired by the Coordinator of the Council of Global Unions, Jim Baker, discussion centered on future strategies. Jyrki Raina, IMF General Secretary, said that the fight against precarious work must be one of the key priorities of the new global union federation, which will be founded in June 2012. Raina explained that cooperation with the ITUC and all other GUFs is vital as we are facing the powerful lobby of MNEs and Ciett who want to use international institutions to legitimise the spread of precarious work. 
<img alt="" src="" width="214" height="160" />
Employers argue that temporary agencies create new jobs but, said Raina, the fact is that temporary agencies make decent jobs, with social protections, precarious jobs. Unions should work to limit the use of precarious work in all its forms and if precarious work is used unions should work to guarantee the same level of wages and benefits for all workers. 
 
According to ILO figures, 80% of all workers have no social security protection &ndash; this has to be a priority for the new global union. ICEM&rsquo;s Manfred Warda reflected on the First Global CAL Conference in Bangkok in 2007, where the problem of CAL was identified. Since then, Warda said, serious work has been taken by ICEM affiliates and the affiliates of other GUFs, which must form the foundations for future work. 
 
The first task is organise, organise, organise. CAL workers must be included in the bargaining unit, and unions should help them gain permanent employment status. Warda highlighted that factors contributing to recent mining disasters included that workers did not get adequate safety training and were not employed directly. Following the Deepwater Horizon disaster, BP said that the responsibilities were shared by various subcontractor companies. 
 
Klaus Priegnitz, ITGLWF General Secretary, spoke about how conditions in textile plants in countries such as the Philippines and Bangladesh are being driven down even further by the growing use of CAL. The only objective, he said, is to have cheaper and cheaper labour. 
 
He said we must fight this at a national level &ndash; organise, recruit and become stronger. We can use GFAs as tools to fight precarious work. We should also use the revised OECD Guidelines for Multinational Enterprises. In summary, the General Secretaries drew attention to the importance of continuing and expanding the joint work carried out through the Council of Global Unions Work Relationships Group. They said that the ICEM, the IMF and the ITGLWF must increase cooperation and the founding of a new GUF is the right next step &ndash; the three GUFs will be stronger together.

Affiliates Reaffirm CAL Fight at 2nd Global Conference

<img src="" width="120" height="59" alt="" />
Local 27 members of the Canadian Auto Workers (CAW) union were locked out at the New Year by Caterpillar Inc.&rsquo;s Electro-Motive Diesel (EMD) in a callous display of corporate might that could lead to corporate flight from Canada. The 650 CAW members in London, Ontario, voted by 98% on 30 December for strike action and 24 hours later &ndash; just as they were returning to jobs on New Year&rsquo;s Eve following a holiday shutdown &ndash; they were locked out. 

The lockout indignation comes on the heels of deeper indignation: Caterpillar&rsquo;s EMD &ndash; run as part of the US company&rsquo;s Progress Rail Services Corp. &ndash; attempt to extract unreasonable wage and benefit concessions from Canadian union members as excuse to shift production of electric-powered diesel engines and associated railroad components to a start-up and lower wage plant in Muncie, US state of Indiana. 

EMD began operations in Muncie in October 2011. Until Saturday night&rsquo;s lockout, CAW and EMD had bargained under a seven-month contract extension, something the two sides agreed to in May 2011. However, EMD never once wavered from an initial, hostile and family-wrecking proposal demanding wage cuts from C$35-per hour to C$16.50, health benefits cut in half, and elimination of a pension scheme. 

At the same time, EMD was advertising for a Human Resources manager in Muncie with the stipulation that he/she have &ldquo;experience with providing union-free culture and union avoidance.&rdquo; 

EMD is paying average salaries between US$12-16-per hour in Muncie. Caterpillar and its wholly-owned Progress Rail Services is seeking to dislodge General Electric&rsquo;s (GE) Transportation Division as the US&rsquo;s premiere supplier of train locomotives at a time of government stimulus funding for infrastructure and transport needs. GE operates three major rail division plants that are unionised and pay average salaries of US$30-per hour or more. 

EMD&rsquo;s London, Ontario, plant was purchased by Caterpillar in August 2010 for US$820 million from Greenbriar Equity Group and Berkshire Partners. The two capital companies in turn bought the manufacturing plant in 2005 for a quarter of that amount from General Motors when GM was shedding its non-auto making businesses.
<img src="" width="130" height="188" alt="" />
CAW President Ken Lewenza&nbsp; 

Then, Caterpillar was interested in buying the southwestern Ontario plant but CAW opposed the deal because of Caterpillar&rsquo;s horrid labour relations record in the US. Now, with Caterpillar in control and deploying obvious whipsawing of CAW members against non-union Muncie workers that will number 650 this year, CAW Local 27 is forced to blockade the London plant to prevent equipment from leaving for the Indiana city 350 miles to the south. 

On Saturday, CAW President Ken Lewenza called the lockout &ldquo;a serious attack on working people, their families and the greater community of London. 

&ldquo;If (Caterpillar) is not going to do business in Canada, this wage cut is designed as a mechanism to blame workers,&rdquo; Lewenza said in a published report, referring to production flight and a possible plant closing. In mid-December, the CAW lodged a formal complaint with the government over Caterpillar&rsquo;s violation of the Investment Canada Act. 

EMD has other railroad manufacturing facilities in Sete Lagoas, Minas Gerais state, Brazil, and Sahag&uacute;n, Hidalgo state, Mexico, a facility it operates jointly with Bombardier. EMD sells locomotives, replacement parts, and diesel powered engines for marine propulsion, oil drilling and power generation in 130 countries, and currently has major contracts with companies providing equipment for state railways in Egypt, Saudi Arabia, and South Africa. 

Caterpillar&rsquo;s deep contract concession proposals, the lockout, matched with lucrative incentives from Indiana&rsquo;s anti-union state government for the Muncie start-up are a cause of great concern, particularly for two countries that each lack socially-minded industrial policies in the wake of a financial crisis.

CAW Members Victimized in Lockout by Caterpillar’s Rail Division

<img alt="" height="39" src="" width="100" />

	From the International Metalworkers&#039; Federation

	Trade unionists around the world will mobilize during the week of February 19-25, calling on the Mexican government to stop its attack on workers and implement steps to allow for workers to organize independent democratic trade unions of their choosing. 
	 
	Last year more than 50,000 union members, students and human rights activists from some 40 countries participated in the Global Days of Action, launched on February 14 in Mexico and Australia simultaneously. For six days union members came together in an unprecedented show of solidarity. Thousands of letters were sent to the Mexican government, more than 50 meetings were held at Mexican Embassies throughout the world, and massive demonstrations throughout the week, inside and outside of Mexico, marked the strength and urgency of our message: STOP the attack on workers, we demand Trade Union Rights in Mexico, NOW! 
	 
	The impact of our global actions were felt around the world. On February 24, just weeks after Global Action Days launched, political prisoner Juan Linares of the National Miners&rsquo; and Metalworkers&rsquo; Union of Mexico was released from jail after being unjustly imprisoned for more than two years. Building on our 2011 actions, independent unions in Mexico, together with their respective global union partners, have come together as a movement of force, challenging retrogressive labour legislation, Mexico&rsquo;s scandalous &ldquo;Protection Contract&rdquo; system, and exposing corporate and political corruption.

	<img alt="" height="160" src="" width="113" />

	Despite an escalation in action and outcry from unions in Mexico and at the international level, workers continue to be denied fundamental rights, independent unions face violent and political attack, and corporate impunity is at an all time high. 
	 
	During the week of February 19-25, 2012, in honour of the Pasta de Conchos miners who died in a mine blast on February 19, 2006, members of the international labour movement are again asked to take action. 
	 
	POSSIBLE ACTIONS INCLUDE:

	Request a meeting with Mexican Embassy/Consulate representatives to discuss trade union rights in Mexico.
<ul>
	<li>
		<div align="justify">
			Organize a small delegation to deliver a statement or letter to your local Mexican Embassy/Consulate.</div>
	</li>
	<li>
		<div align="justify">
			Send a letter to your local Mexican Embassy/Consulate.</div>
	</li>
	<li>
		<div align="justify">
			Engage national policy makers to join meetings with</div>
	</li>
	<li>
		<div align="justify">
			Embassy representatives or to send similar letters to the Government of Mexico.</div>
	</li>
	<li>
		<div align="justify">
			Publicize actions taken in defense of trade union rights in Mexico on your union&rsquo;s website and in its publications.</div>
	</li>
</ul>

	Print-ready posters and model letters are available to be used for actions and mobilizations. Posters are available in English, French, Spanish and Russian. The original In design artwork file is also available upon request if you wish to add logos or additional information, contact: <a href="mailto:unionrights@imfmetal.org">unionrights@imfmetal.org</a>. Model letters are available in English, Spanish, French, Russian and German. 
	 
	Please be sure to keep us informed of all actions taken, send photos, letters, and reports to: <a href="mailto:unionrights@imfmetal.org">unionrights@imfmetal.org</a> and <a href="mailto:tom.grinter@icem.org">tom.grinter@icem.org</a>.

Mexico Days of Action 2012, February 19-25

<img alt="" src="" width="100" height="39" />
ICEM General Secretary Manfred Warda, Latin America/Caribbean Regional Vice-President Sergio Novais, and Regional Contact Person Carol Bruce conducted a mission to Ecuador, Colombia, and Costa Rica from 13 to 20 January 2010 to visit affiliates, make new contacts and attend a Social Dialogue conference in Colombia. 
 
The ICEM mission started the round in Ecuador on 13 January and the next day the Electricity Workers&rsquo; Union was visited. This union was instrumental in creating the new confederation of public sector workers, which is made up of 70,000 members in the electricity sector, as well as in health, the oil industry, national telephone, public workers, education and transport. It took three years to build the confederation. 
<img alt="" src="" width="253" height="160" />
The most innovative factor about the confederation is a new approach, moving from protest to proposal. In the meantime, the realization has arisen that tripartite dialogue is necessary. The idea is to develop the state with workers&rsquo; participation. The confederation supports the process of the citizens&rsquo; revolution. It broadcasts a radio program to educate and inform workers. Steps are being taken to limit outsourcing according to the recent legislation. 
 
ICEM can expect to receive an application for affiliation from the Electricity Workers&rsquo; Union of Ecuador in the near future. 
 
The delegation arrived in Cartagena de Indias, Colombia, on 15 January. The social dialogue conference was held the next day and the only employer that attended were two managers from the Carbones del Cerrej&oacute;n mine, who praised the cooperation with ICEM which has enabled the mine to enjoy labor peace. The unions who participated were Sintraelecol, Sintragasquimed, Sintracarb&oacute;n, Sintravidricol, Sintracarcol, Fenaltec and USO, as well as the IMF affiliate, Sintracerramotoso. 
 
These conferences have been going on since 2004. One recurring theme is sub-contracting. The question is to know whether conflicts are solvable on the basis of dialogue and whether dialogue has contributed to collective bargaining. Social dialogue is an innovative process in a country marked by entrenched violence. The idea is to contribute to peace in Colombia. 
 
Warda explained some of the Congress resolutions, especially concerning the creation of the new Global Union Federation. He stressed that Colombia would continue to be a priority. 
 
Novais clarified that the value of social dialogue is to continue to speak and negotiate regularly with the other side, and not just during wage negotiations. He explained that ICEM is working on multi-Latinas in the region to get workers organized in those companies. One priority in the region is networks, and 12 networks are up and running. It will be up to ICEM to pass our values and experience on to the new organisation. 
 
Philippe Potdevin from the Cerrej&oacute;n mine offered ICEM the possibility to develop an agreement along the lines of a Global Agreement based on the Global Compact. This might be an incentive for other companies in Colombia to take a greater interest in social dialogue, and he also indicated that he would urge other companies to work together with ICEM. 
<img alt="" src="" width="202" height="160" />
Manfred Warda, Rodolfo Vecino, Carlos Bustos
Two conflicts were mentioned in particular. First was the conflict with Rudolfo Vecino, President of USO, which fortunately was solved favourably with his reinstatement just before the delegation arrived in Colombia. The second is still pending and refers to the ex-President of Sintraelecol, Danuil Gomez, who is faced with death threats. His employer Gas Natural has been asked to transfer him to Bogot&aacute;, otherwise his life is in danger in C&oacute;rdoba. 
 
Marcelino Lopez, also from Sintraelecol, is also at similar risk. Some companies apparently work openly or covertly with paramilitaries in the dirty war. 
 
USO and Sintracerramatoso operate in areas that are controlled by the paramilitaries. It is very difficult for them to have access to workers. Union members are harassed and sacked and threatened and even killed, while many multinationals work with security companies that are linked to paramilitaries. The request is to organise a meeting for the unions in the energy and mining sectors to develop joint strategies to confront the government and to design a work plan. 
 
USO considers itself faced with annihilation of the union. Ecopetrol is facing privatization, and in addition, because of sub-contracting, there are six times more contract workers than direct employees, or 10,000 direct workers to 60,000 contractors. 
 
In conclusion, Warda summed up by proposing putting pressure on Endesa and Repsol to join the social dialogue process. His final comment, however, was a criticism of Colombian unions &ndash; something in their structures apparently stands in the way of women&rsquo;s participation. 
 
In the meantime, ICEM is attempting to put a forum together in Madrid where Spanish multinationals would pledge to reject violence in Colombia and to work toward eliminating the killing of trade unionists. The UGT Spanish foundation ISCOD is working with human rights lawyers in Colombia, and ICEM Colombia Coordinator Carlos Bustos will be invited to join them. 
<img alt="" src="" width="334" height="159" />
On 18 January, the delegation met with the board of Sitrapequia in San Jos&eacute;, Costa Rica. The discussion focused on the importance of public-sector unions in Costa Rica and the difficulty of organizing unions in the private sector. One possibility will be the attempt to organise the Bridgestone/Firestone plant in San Jos&eacute;, since there is an opening just now with the company manager for the Americas. This opportunity will be explored together with SUTNA, ICEM&rsquo;s rubber workers&rsquo; union affiliate from Argentina.

ICEM Mission Visits Ecuador, Colombia, Costa Rica

<img src="" width="100" height="39" alt="" />
Some 360,000 Indian miners, many of them represented by the ICEM affiliate, the Indian National Mineworkers&rsquo; Federation (INWF), have a new five-year labour agreement achieved under the National Coal Wage Agreement. The agreement with the world&rsquo;s largest coal company, state-owned Coal India Ltd. (CIL), and five unions calls for 25% wage increases over the term of the agreement. 
 
Signed on 31 January in Delhi, it is backdated to 1 July 2011. The agreement was finalised by the joint bipartite consultative committee (JBCC) on 27-28 January. 
<img src="" width="221" height="160" alt="" />
&ldquo;After discussions, the management agreed to a 25% minimum guaranteed benefits on gross wages,&rdquo; said General Secretary S Q Zama of INMF, affiliated to the Indian National Trade Union Congress (INTUC). Along with Brother Zama, INMF and INTUC leaders Sanjeeva Reddy, Rajendra Prassad Singh, S Panigrahi, GVR Sarma, B Venkat Rao and R Algamkar took part in the signing. 
 
An increase in all basic allowances of 88% will take effect throughout the agreement, and higher housing allowances in non-urban areas and management substitution bonuses were also won for workers filling those roles. 
 
Further gains will be made when reports are submitted and agreed to on retirees&rsquo; medical benefits, and on aspects pertaining to contract workers. 
 
The other unions involved in this ninth set of National Coal Wage talks are affiliates of the Centre of Indian Trade Unions (CITU), the Hind Mazdoor Sabha (HMS), the Bharatiya Mazdoor Sangh (BMS), and the All-India Trade Union Congress (AITUC). The new accord will cost CIL US$788.6 million over the five-year period.

India’s Mine Unions, Coal India Reach 5-Year Labour Agreement

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ICEM&rsquo;s Swiss affiliate UNIA is celebrating a great success in its campaign to save the 320 jobs at the pharmaceutical giant Novartis. The decision to reverse a plant closure at the Prangin production site near Nyon was announced on 17 January, following an extremely strong campaign effort that dated to last November. 
 
The 17 January announcement included a pledge to protect jobs at the site in the long term. Job cuts at Novartis in neighbouring Nyon have also been reversed. 
 
The ICEM salutes a spirited campaign of strikes, mass mobilisations and mass support from the local public and area politicians in Canton Vaud, which culminated in bad press and huge pressure on Novartis management to reverse its decision. The planned closures were undeniably based on corporate greed as profits were huge, and the facilities were widely regarded as top quality. 
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ICEM marched with UNIA colleagues on several demonstrations, with the Nyon-based UNI Global Union. 
 
Staff at the Prangins facility took the concession of increasing weekly work hours from 37.5 to 40 in negotiations. 
 
Management&rsquo;s shock decision to close &ndash; announced at a 25 October press conference &ndash; significant sections of the Nyon and Basle plants came only weeks after Novartis showed third quarter net sales up 18% to US$14.84 billion from US$12.58 billion in the same period in 2010. Net income increased 7% to US$2.49 billion, third quarter 2011, from US$2.32 billion in the quarter, 2010. 
 
Novartis had planned to cut 2,000 jobs internationally, with 760 at its Basle headquarters and 320 in Nyon. Job cuts were greatly reduced at Basle as well, with only a third of the initially planned job cuts in Basle to now occur. 
 
It was predicted 2,000 related jobs in Nyon would go if the company closed the plant, ending over 90 years of drug production in Nyon. 
 
UNIA&rsquo;s role in mobilising the support of local and federal politicians in the process was important, especially since a major factor in the decision to cut Swiss jobs was a retort at Swiss authorities&rsquo; price-cutting of pharmaceutical drugs. 
 
Novartis Chief Executive Daniel Vasella is the highest paid person in Switzerland, with an annual salary of CHF 40 million.

UNIA Jobs Saved at Novartis Pharmaceuticals in Switzerland

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With company after company in the UK private sector seeking to shut off workers&rsquo; final pension schemes, it comes as a relief that one company heeded a union&rsquo;s concerns and cancelled such a plan for now. 
 
ICEM affiliate Unite the Union on 12 January convinced German luxury auto maker BMW to back away from closing its final pension salary scheme to new workers, and to retreat from implementing a loophole in Britain&rsquo;s new Agency Workers&rsquo; Regulation (AWR) that would allow BMW to directly employ agency workers on contracts that pay as much as 20% less than permanent workers of the company. 
 
The loophole, Regulation 10 of the AWR and also known as the &ldquo;Swedish Derogation&rdquo; language, would allow an employer to take workers employed by labour hire firms onto their payrolls, but to avoid the equal-pay for equal-work principal of the AWR. 
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In December when BMW announced its intention to move ahead with the two regressive changes, Unite responded that it would consult workplace leaders towards an industrial ballot. If voted and approved, such possible strike action would have occurred for 7,000 Unite members at four BMW plants, including Swindon, Cowley, Hams Hall near Birmingham, and the Rolls Royce factory in Goodwood. 
 
But talks between Unite, its BMW shop stewards and management two weeks ago convinced UK management to forego closing off the pension scheme to new hires and not to use the &ldquo;Swedish Derogation&rdquo; model. Instead, BMW agreed to engage Unite and its shop-floor leaders from all four plants in dialogue on a positive path forward without the harsh workplace changes. 
 
Unite National Officer Roger Madisson commented, &ldquo;As always we are prepared to have meaningful discussions with companies in the car industry. Unite is determined to protect all the terms and conditions of our members and ensure that agency workers are treated fairly, in the true spirit of the agency workers&rsquo; legislation.&rdquo; 
 
Unite&rsquo;s Cowley plant Convenor Chris Bond told the Oxford Mail, &ldquo;I am over the moon about it. The company has listened to our concerns. (Industrial action) has been averted for now.&rdquo; 
 
As for UK BMW management, it said in a statement, &ldquo;The company and Unite, the union, have jointly agreed to enter into discussions relating to the use of agency staff. We agreed to go back into discussions with the union on the pensions scheme and the AWR.&rdquo;

In UK, BMW Backs Off Closing Pension Scheme, Implementing Temp Work Exception

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A month-long strike by the ICEM-affiliated Teamsters Union (IBT) in the US continues, despite a union proposal put forward in a US Federal Mediation and Conciliation Service (FMCS) session on 13 January that would save the company pension costs, while preserving workers&rsquo; health care benefits &ndash; the key issue in the strike. 
 
The work stoppage by 90 members of IBT Local 25 in Massachusetts against Paris-based Saint-Gobain&rsquo;s wholly-owned CertainTeed subsidiary began on 19 December over unreasonable demands to reduce workers&rsquo; health insurance benefits. In the FMCS session, the union showed how CertainTeed could save costs by taking advantage of a new programme offered by the New England Teamsters Pension Fund in exchange for remaining in a joint union-management health care fund. 
 
CertainTeed refused the offer. On 13 January, ICEM General Secretary Manfred Warda wrote to Local 25 President Sean O&rsquo;Brien and IBT President James Hoffa, stating that the dispute would receive the ICEM&rsquo;s highest priority and would be brought to the attention of French trade unions and senior executives at Saint-Gobain in Paris. That <a href="/wp-content/migration/icem/1.ICEM.Teamsters%20Local%2025.US.pdf ">ICEM letter</a> can be seen here. 
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Now with the company turning away from a common sense resolve to the dispute, IBT Local 25 will broaden the Norwood, Massachusetts, strike within the US and has begun handbilling workers at other CertainTeed factories there. The company manufactures asphalt roofing shingles, gypsum wallboard, and insulated fiberglass products. 
 
The strike started when CertainTeed, based in Valley Forge, Pennsylvania, sought to remove itself from the joint health care plan and opting for an inferior company-controlled plan that contains far fewer benefits. The cost to the company would be less, but workers would have far fewer health benefits, leaving them largely unprotected financially from illness or injury. 
 
&ldquo;The company has become the epitome of greed, treating its workforce unfairly without regard for health and welfare and job security,&rdquo; said O&rsquo;Brien, the principal officer of 11,000-member IBT Local 25. 
 
At this point in the strike, CertainTeed workers would be without health insurance of any kind. But at a strike manifestation rally in front of plant gates on 5 January, O&rsquo;Brien announced that Local 25&rsquo;s Health and Welfare Fund would continue to provide health insurance at a cost to the union. The ICEM commends Local 25 for this social responsibility. 
 
Saint-Gobain increased its stake in CertainTeed from 32% to 57% in 1976, and then gained total ownership in 1988. In 1998, CertainTeed bought the Norwood plant from Bird &amp; Sons. Local 25&rsquo;s so-called Taft-Hartley health care plan &ndash; the union-management plan administered by the union &ndash; pre-dates CertainTeed&rsquo;s ownership of the Norwood plant and Local 25 and CertainTeed&rsquo;s Massachusetts workers are adamant that it be retained.

Saint-Gobain’s CertainTeed Balks at ‘Common Sense’ End to US Teamster Strike

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The major trade union at KGHM Polska Miedź SA, the ICEM-affiliated Miners&rsquo; and Energy Workers&rsquo; Section of NSZZ Solidarność, announced last week it would protest against the Polish government&rsquo;s draft legislation to impose an unusually high minerals tax on the partially state-owned copper and silver company. 
 
The union, along with one of the smaller unions at KGHM, the ZZ Copper Industry Workers&rsquo; Association (ZZPPM), are now conducting procedural measures among workers at some 30 enterprises, including KGHM&rsquo;s three mines, two refineries and smelters, a rolling mill, wire rod plant, and other workplaces in order to lawfully carry out the protests. Manifestations could come as early as this week. 
 
The actions are in response to the 17 January draft bill put forward by Poland&rsquo;s Finance Ministry to the Parliament to place a high minerals tax on KGHM. The proposed tax, only on copper and silver, would impose a minimum of 0.5% on the average price of copper, up to a maximum of ZL16,000-per-tonne (&euro;4,000). 
 
The government is looking at the tax as a means to patch deficits in the country&rsquo;s budget. 
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J&oacute;sef Czyzcerski
&ldquo;The tax is extremely high compared to taxes in other copper extracting companies,&rdquo; said NSZZ Solidarność in a statement. The union&rsquo;s leader at KGHM, J&oacute;sef Czyzcerski, said the tax would drain the company of its profitability, thus severely restricting investment and development, and ultimately costing jobs. He said the tax could eat away a full 90% of the company&rsquo;s profits. 
 
The unions at KGHM also oppose the fact that the minerals tax is singly aimed at KGHM. Czyzcerski said the Finance Ministry failed to conduct proper public consultations before approving the draft bill and submitting it to Parliament. 
 
KGHM is 32% owned by the Poland&rsquo;s Treasury Ministry and the unions fought bitterly in the recent past as the government gradually reduced its stake in the company. KGHM employs 18,000 workers and is the world&rsquo;s ninth largest copper company and third biggest producer of silver. The company is based in Lubin, Poland, in the country&rsquo;s copper basin of Lower Silesia.

Miners of Polish Solidarność Oppose Minerals Tax on KGHM Copper

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