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A lockout by Canadian petroleum company Petro-Canada will hit the two-month mark on 17 January, with no talks occurring between the company and the Communications, Energy, Paperworkers (CEP) Union since the start of the lockout. The lockout of 267 union members at an oil refinery in Montr&eacute;al, Qu&eacute;bec, is an attempt to reverse Petro-Canada&rsquo;s own pattern-setting energy bargaining established at a company refinery in Edmonton, Alberta, on 13 May 2007. 
 
The ICEM-affiliated CEP and Petro-Canada there agreed to a three-year contract for 300 workers. Since May 2007, the CEP has signed labour accords with other companies set by the Petro-Canada/Edmonton agreement, including Petro-Canada operations in Ontario province. The CEP established Petro-Canada as the lead company in its National Energy and Chemical Bargaining Programme for 2007-2008, nearly one year ago. 
<img height="225" alt="" src="" width="380" />
Managers at the Point-aux-Trembles refinery in the east end of Montr&eacute;al are insisting on a six-year labour agreement, and they seek contract revisions that will reduce health and safety personnel. The company also seeks to erode workers&rsquo; rights concerning scheduling and assignments, and wants an accelerated training and progression system in which job safety will be jeopardised. Petro-Canada is attempting to operate the refinery during the lockout with 130 managers and scabs, contrary to Quebec&rsquo;s labour law. 
 
In 2007, under CEP staffing, the refinery experienced an average production increase to 130,000 barrels-per-day, from 105,000 b/d in 2006. In a statement immediately following the 17 November lockout, Petro-Canada said the lockout was necessary because the refinery was in a &ldquo;constant state of standby&rdquo; from the labour talks. The company later admitted it had been training managers since September 2007 to run the facility, apparently anticipating the lockout. 
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Local 175 rally, 9 January
&ldquo;Running an oil refinery requires highly specialised skills and dedicated safety training,&rdquo; said CEP President Dave Coles, who joined workers on picket lines and in a mass meeting on 9 January. CEP Local 175 &ldquo;members are on the front lines of the fight to protect pattern bargaining, which is at the very foundation of our union,&rdquo; added Coles. 
 
In a protest in front of the refinery on 21 December, the CEP issued a warning to the Montr&eacute;al community that 130 managers cannot adequately replace 260 skilled workers in a safe and hazard-free manner. The ICEM has joined the CEP in calling for support to the locked-out workers of Local 175, and on calling on Canada&rsquo;s third largest oil company to adhere to terms it had initially negotiated in the current pattern settlement.

Canadian Petrol Refinery Lockout Nears 2-Month Mark

Contract and Agency Labour, a global phenomenon &hellip; 
 
Throughout the entire one-day global ICEM conference on contract and agency labour, which took place just prior to the start of the three-day-long 4th ICEM World Congress in Bangkok, Thailand, speaker after speaker confirmed that the phenomenon of contract and agency labour (CAL) - and of many other forms of precarious employment - is vastly, and rapidly, increasing throughout the whole world. Particularly often mentioned was the continuing trend of using non-permanent, and non-protected, labour in developing countries. 
 
Welcomed by ICEM General Secretary, Manfred Warda, as well as by Vesna Rodic, FES Resident Director, and chaired by Brother Sjaiful from FSP KEP Indonesia, the almost 300 participants at the third global ICEM conference on contract and agency labour heard contributions and presentations by trade unionists from all corners of the world. With little to no exceptions, they all, albeit to varying degrees, mentioned their own problems with contract labour, agency labour and, on a wider level, the wide-ranging difficulties associated with the lack of a (good) employment relationship. 
 
CAL itself is known under a wide range of different names, including temporary work, self employed work, informal work or outsourced work, casual or contingent work, all terms that are used, in one way or another, to describe a fundamental change in the relationship between the workers and employers. 
<img height="60" alt="" src="" width="121" />
What has been changing primarily are the previous &ldquo;normal&rdquo; relationships between employers and workers. For a large segment of the world&rsquo;s workforce, this relationship has become one of a &lsquo;much lesser&rsquo; quality. For many others, such the increasing contingent of &ldquo;self-employed&rdquo; workers, it has changed from an employment relationship to a commercial relationship, with the worker taking all the risks. As a result, many of the protections that workers have fought for, often over a very long time, such as social protection or anti-discrimination rules, are simply lost. 
 
This point was emphasised by, among others, Jim Baker, coordinator of the Global Union Council, who referred to the Philadelphia declaration of 1944 which says that labour is not a commodity. Labour can therefore not be sold as any other market product. He also described the situation of fear that many CAL workers are living in. Where workers do not have any rights, they are afraid. Protesting can have serious consequences under those circumstances. 
 
Individual contracts were also mentioned by Jim Baker, a practice widespread in Australia, among other countries. Another point made was on the value of industry and national bargaining, certainly where guarantees for contract and agency labour workers are needed. 
 
Equally mentioned was the need for unions to emphasise the positive aspects of having a good and satisfied &ndash; which, in most cases, means a unionised, but also permanent &ndash; workforce. It is possibly one of the best arguments against CAL labour, and certainly one that unions should make. 
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Christine Nathan, representing the ILO, talked about how, particularly in Asia, governments are willing to discuss the issue of CAL. However, they only want to do this when the end result is likely to be a set of voluntary guidelines, which they then can ignore. 
 
She further mentioned the fact that, in many countries, the labour situation has become so extremely complicated, with sub-sub-sub contractors and other complicated forms of work relationships, that, even where law makers want to legislate, they find it very difficult to do so. 
 
Nathan was just one of the speakers who picked up on the &ldquo;seven-headed monster&rdquo; image. Through that comparison, spokespersons indicated that it appears to be so that whatever we do, whatever solution we find for whatever problem, another problem seems to resurge, with employers being very creative in finding new ways to avoid responsibilities. 
&hellip;.throughout all regions and continents&hellip; 
 
In Asia, contract and agency work was reported to have been increasing in virtually all sectors and all countries. One particular example given was the Indian mining and diamond sector, where almost all workers work on CAL contracts. Thailand and Korea were cited as examples of other Asian countries where CAL work is omnipresent. 
 
Africa was described as the globalisation&rsquo;s playing ground, with increasing investment, for example in the mining sector, bringing - besides possibilities for organising - mainly across-the-board problems caused by investors who seem to think anything is possible on the continent. The example was given by a representative from Tanzania, where gold company Barrick dismissed close to 1.800 contract and agency miners after failed negotiations on the respect of ILO core labour standards. Standards which are clearly included in Tanzanian labour law. 
 
In almost all countries, women were said to disproportionately suffer from the CAL phenomenon, a point raised by many that spoke, including Evgenia Esenina, chair of the ICEM women&rsquo;s committee. She also spoke of the fact that women, as they are more often unemployed, are more often forced to accept lower quality jobs. 
 
Poverty, a situation which, in many countries, appears to be the direct result of precarious work, was also said to affect women more than men. 
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Migrants were frequently mentioned as another category of workers confronted with the worst excesses of CAL. In numerous countries, migrants have to combine two &ndash; or even three &ndash; precarious jobs, just in order to survive. Many have a sad story to tell and it is no secret that they are often discriminated. As CAL workers, they are, in addition, frequently fired for belonging to a union, they often face an almost total lack of health and safety protections, and/or have little to no social benefits. 
 
The above-mentioned CAL related problems all come on top of another main reason why employers claim they want to need contract and agency labour: it is easy to terminate the workforce. 
 
CAL difficulties are by no means limited to the non-OECD countries. Problems in North America and Europe were also talked about. Contract and agency labour is heavily used in those regions as well, albeit not always at the same level. 
 
In the context of North America, the problem of &lsquo;permatemps&rsquo; was mentioned - a problem by no means limited to this region. 
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US unions, in spite of the fact that they do not exactly work under the easiest of circumstances, also made some progress, including limited progress on the rights to information for contract workers. 
 
In Japan, since the 1990&rsquo;s, limitations on the use of agency labour have been removed. One third of the total workforce in Japan is said to be working in precarious work situations. One typical result has been an increase in average working hours. Another one has been the polarisation of the labour force. Through their national trade union centre, Japanese unions are currently campaigning on CAL issues as one of their key priorities. One successfully used tactic is to establish union subdivisions that concentrate on CAL workers. 
 
In Europe, an estimated average of 4 to 5 percent is working as a contract or agency worker, varying from rather low percentages in the Nordic countries to 33% in Spain. A call was therefore made on the European trade union federations to get involved more in the discussions on this issue. 
 
Agency workers were said to be also increasingly used outside of the &ldquo;more traditionally outsourced&rdquo; sectors, such as cleaning, catering, security, agriculture or construction. In many of the ICEM sectors, for example the energy or the chemical sector, CAL work in core workplaces is ubiquitous. 
&hellip; not all is bad, however &hellip;. 
 
The conference also heard from various participants about cases where unions and trade unionists have been able to fight back. 
 
Until 4 years ago in Brazil, there were three CAL workers for each Petrobras permanent worker. At the time, there was an average of three lethal accidents per month. Today, after years of negotiations &ndash; where it helped that the Lula government was supportive &ndash; the Petrobras CAL ratio is 1 permanent Petrobras worker for every 1.5 CAL worker. 
 
In Chile, a new law, &rdquo;Ley 20123&rdquo;, was passed recently. On the one hand, the law makes it easier now for companies in Chile to outsource work. On the other hand, however, it also gives CAL workers a much better protection than before, including in the area of pension rights and health and safety security, areas where the company where the work is actually done is now clearly responsible. An agency is also being set up, with wide ranging powers, to make sure that the rules and regulations for all CAL workers are applied. 
 
Contract work in Chile can only be used in certain cases, such as to replace workers on holiday, or workers on sick leave. The law forbids using contract labour in case of a strike. Unfortunately, bringing the law into practice has not always been easy so far. 
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Similar limitations on the use of contract and agency labour exist in many countries, all around the world. The same can be said, unfortunately, for the non-respect of many of these rules. 
 
In Uruguay &ndash; another example of a country with a new government &ndash; a bill for a law on outsourcing, drafted by the trade unions, was recently adopted by the government. 
 
In Africa, for example in South Africa, several unions have been able to organise CAL workers. In this region, as well as in many others, there is a clear and direct link between union successes and union strength. 
 
Equally in Africa, Mauritius was presented as a country where the law covers CAL workers and where all workers are, in addition, covered by national collective bargaining. However, recent political powers want to change all that, and deregulate. 
 
In Europe, progress has been made through pressure on governments and companies. Agreements on CAL have been entered into collective bargaining agreements as well, including, for example, in the UK and in Denmark. 
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From Finland came the example of how a campaign on a Taiwanese company failed as the union didn&rsquo;t take the 40% CAL workers into account, and, as a result, didn&rsquo;t get sufficient support for its actions. The union learned from it, and managed to get CAL workers involved in its disputes and collective bargaining after that. 
 
The EU Directive on fixed-time work already says that fixed-term workers have the same right as regular workers. On agency work, there is still no directive on agency labour, in spite of years of trying. 
 
In Central Europe, for example in Croatia and Macedonia, laws do exist to make sure that contract or agency workers are not used to the detriment of the permanent workforce. However, collective bargaining agreements and laws are all too often violated in the region. 
 
In Macedonia, following an SIER campaign, workers now have the right to be informed on what is going to happen at their workplace in relation to contract labour. This includes the right to be informed about any upcoming outsourcing plans. 
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New forms of employment, including contract and agency labour, are also making headway in Eastern Europe. One consistent problem quoted there is that regulation in this area simply does not exist. Russia, Ukraine and Moldova were said to be among the countries were CAL work is being used the most. 
 
In Russia, for example, private employment agencies noted an increase in demand of around 10 percent a year recently. The latest development is that it is the Russian-owned companies that are now calling on agency labour, where it was mainly foreign companies that made use of CAL labour before. 
 
Hassan J&rsquo;Aama, President of new ICEM affiliate IFOU (Iraqi Federation of Oil Unions) spoke on the difficult situation for workers in Iraq. He mentioned not only the overall security situation, but also the distressing fact that several former anti-union laws in Iraq have not been changed since the fall of the previous regime. Both the occupation forces and the Iraqi government were particularly blamed for not abolishing Decree 150, which bans unions in public enterprises, including in the oil sector. 
 
As a result of this continuing anti-union legislation, many Iraqi unions find it very difficult to organise, something which helps explaining why employers in Iraq are using contract labour almost everywhere. Iraqi contract workers, as they do in many other places, often work for a minimum wage, or less, without much protection of any labour code or any real pension rights. 
&hellip; some conclusions &hellip; 
 
One overall conclusion is the clear need for the ICEM to continue and intensify its campaign. Various campaign strategies were emphasised, including on one of the primary goals of the campaign, i.e. to make sure that employers do not sign any contracts with a third party that could affect the employment status of their direct employees, prior to consulting with the employees&rsquo; union representatives. 
 
The importance of networking was highlighted, as was the need of sharing information at a global scale. The exchanging of good examples was mentioned as being very useful. Good examples were those where unions are successful in dealing with the CAL problem, be it in avoiding contract and agency labour, or in finding ways to work with it. 
 
Most participants agreed that trade unions, in the majority of countries, will not be able to get CAL to disappear. Nor do they want that necessarily to happen. Some union members simply prefer short-term contracts. 
 
However, we need to make sure that CAL workers do get the same rights as permanent workers. This includes social protection benefits, pensions, health coverage, and other social benefits. And, obviously, it also includes equal pay for equal work, as part of the struggle for equal rights in general. 
<img height="71" alt="" src="" width="50" />
Also stressed at the meeting was the importance of establishing legal guidelines and regulations on contract and agency labour, preferably at national level. The principles from the ILO Recommendation 198 (the Employment Relationship Recommendation) are an important tool in all this &ndash; a recommendation that still needs to be ratified by a many countries. 
 
One other unambiguous observation, mentioned throughout the meeting - in spite of the fact that this was an ICEM conference, with mainly ICEM participants - was that the phenomenon is not only a global one, but also one affecting nearly all sectors and industries. It was made clear that the ICEM is already cooperating, under the umbrella of the Global Unions Council, with the other Global Union Federations, looking at issues in regard to the employment relationship. The leadership role that the ICEM is taking in this effort needs to be continued, and strengthened. 
 
Finally, it was said by many that unions need to be open to CAL workers. In too many countries, CAL workers have been facing resentment by other trade union members, as they are perceived as the enemy. Setting up unions, or union divisions, for CAL workers, or &ndash; by many the preferred option &ndash; simply bringing CAL workers into the normal union structures, is seen as a very important and needed accomplishment.

ICEM Contract and Agency labour Conference

The Global Union Federation ICEM today commends the Liberian Supreme Court's 21 December to certify the Firestone Agriculture Workers' Union of Liberia (FAWUL)&nbsp;as bargaining representative for workers at Firestone Rubber Plantation in Harbel. ICEM General Secretary Manfred Warda called the decision start to &quot;ardent reconciliation that will finally give workers the fairness and equity they deserve.&quot;
The ICEM agrees with a statement on the Supreme Court's decision issued by the US-based United Steelworkers (USW), a union that has supported plantation workers at Firestone in&nbsp;organising their democratic and responsive Labour Union. &quot;The legal decision in favor of FAWUL signals a new day in Liberia,&quot; said USW President Leo Gerard and&nbsp;International Vice President&nbsp;Fred Redmond. The ICEM also joins the USW in calling on Bridgestone/Firestone management to begin earnest engagement with FAWUL in collective negotiations.
<img height="129" alt="" src="" width="280" />
In early July, a sizeable majority of some 5,000 plantation workers voted for FAWUL, which is now an ICEM&nbsp;affiliate. Liberia's Labour Ministry supervised the election, and a Special Elections Committee monitored the balloting.
On 10 December, after delays in certifying FAWUL, ICEM's Warda wrote Liberia President Ellen Johnson Sirleaf: &quot;In the name of Free Trade Unions worldwide, we call on you to use your influence inside the Liberian government to recognise the legitimacy of the Firestone Agriculture Workers' Union. We insist that you certify the elected leaders of FAWUL, and ensure that local management at the Firestone plantation&nbsp;engages in full and meaningful collective negotiations with this union.&quot;
The ICEM welcomes the 21 December Supreme Court decision in Liberia, and, together with the USW and&nbsp;other worldwide unions,&nbsp;will continue to stand with the USW&nbsp;in aiding and assisting the&nbsp;FAWUL.
&nbsp;
&nbsp;&nbsp;

ICEM Welcomes Liberia&#039;s Certification of Legitimate Firestone Union

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ICEM Women&rsquo;s World Conference Decides on 7-Point Programme 
 
The ICEM Women&rsquo;s World Conference was held on 17 and 18 November 2007 in Bangkok. Some 150 women from all continents listened to presentations and worked on their priorities in working groups. Women from Burma, Colombia, Iraq, Nepal, Palestine, Uzbekistan and Zimbabwe presented their work in crisis situations and the fight for peace. All presentations are available in the original languages from ICEM. 
 
One special highlight was the presence of Hashemiyya Muhsin Hussein, President of the Electricity Workers&rsquo; Union for the Basra region, Iraq. In an interview conducted by ITUC she said among other things that, &ldquo;There is a great deal of women working in this sector. During the war between Iran and Iraq, the men left for the front and so women replaced them on a wide scale, which is why there are so many of them now&hellip; 
 
People write slogans on the walls of the markets and other public places against women, against women who work and against women who do not wear the veil. The simple fact of working is dangerous for a woman. But many women have no alternative, because of their financial difficulties. Yes, the fact that I am a woman has made things very difficult as well, but I didn&rsquo;t want to give up and so I fought for this position, even though I received death threats against myself and even against my son.&rdquo; Hashemiyya was elected to the ICEM Executive and women&rsquo;s committee. 
 
One other focus for the conference was work-life balance. The topic was introduced by women representing ICEM affiliates in Japan. Maternity protection was one of the priorities decided on for continuing work. 
 
One example of work in connection with hazardous substances and the dangers they represent for maternity as well as babyproofing the workplace was presented by Margreet Pasman from the Netherlands. FNV Bondgenoten has made folders available on these themes, and they can be accessed from ICEM or Margreet. Gender perspectives on women&rsquo;s health were presented by Edeltraud Gl&auml;nzer from Germany, and work on bullying, violence, HIV/AIDS and abortion was explained by sisters from Brazil. 
 
A publication on maternity protection with different case studies from all continents is available in English, French, German, Japanese, Russian, Spanish and Swedish from ICEM. 
 
A session was held and facilitated by Ramona Parra from FITEQA-CCOO, Spain, to have an exchange with women from Europe. The conclusion was that more work has to be done in cooperation between EMCEF and ICEM. 
 
The conclusions from the conference work fed into the 7 points that were decided for ICEM&rsquo;s future work. The points are as follows: 
 
1. Do research and exchange information on best practices of maternity protection. Information on paternity leave is particularly interesting. 
2. Provide information and guides on how to bargain for paternity leave and work-life balance. 
3. General work must continue on maternity protection and work-life balance. 
4. Strengthen ICEM&rsquo;s work on informal workers, migrant workers and contract and agency workers, especially since a majority of these tend to be women. 
5. Build alliances with NGO&rsquo;s and civil society in order to change mentalities and expand gender equality. 
6. Expand women&rsquo;s leadership training and broaden women&rsquo;s leadership. 
7. Work will continue on Burma, Colombia, Iraq, Nepal, Palestine, Zimbabwe and all others where fights are on-going for human and trade union rights. 
 
The women&rsquo;s conference confirmed Evgenia Esenina as chair of the women&rsquo;s committee and vice-president of ICEM and elected Angeline Chitambo from ZEEWU, Zimbabwe, as vice-chair and ICEM vice-president. 
 
ICEM Congress was held from 22 to 24 November. A record number of women attended the Congress, although some delegations from developed countries were notable in their absence of women delegates. Some examples were very encouraging, however, such as Spain, Sweden, South Africa and Brazil among others. Japan must be lauded for including more women in their Congress delegation each time. Congress passed a motion on women&rsquo;s participation. The ICEM women&rsquo;s committee will be monitoring its implementation. 
 
On the last day of Congress Elena Guti&eacute;rrez, Sitrapequia Costa Rica, called for a minute of silence in memory of the many thousands of women worldwide who have died as a result of violence. This commemoration took place on the eve of the International Day for the Elimination of Violence against Women, explained below.
PLEASE FORWARD TO ICEM ANY INDUSTRIAL CONFLICT WITH A HIGH LEVEL OF WOMEN&rsquo;S INVOLVEMENT THAT YOU FEEL SHOULD BE HIGHLIGHTED BY ICEM ON THE OCCASION OF 8 MACH 2008, INTERNATIONAL WOMEN&rsquo;S DAY. 
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ICEM Colombia Committee Organises Gender Workshop 
 
On 18 July the ICEM Colombia Committee organised a workshop on gender in Bogot&aacute; with 70 men and women participants. The group worked on the construction of patriarchy and the different attributions associated with women and men as well as maternity and paternity. The participants analysed the theory of gender and discussed socialization, abortion and quotas in government in groups. 
 
There were some prejudices such as the idea that gender only refers to women or that gender divides trade unions or that gender is a distraction from the class struggle. There are differences in concepts between gender, feminism and women&rsquo;s movements, and it is important to understand these differences. 
 
Some of the men participants felt threatened in their power position. Since the seminar was mixed, men and women together, the women participated less than the men. ICEM Colombia considers this work to be fundamental and women and men must be involved at all levels of debate. 
<img height="31" alt="" src="" width="25" />
ITUC Seminar on Diversity, Racism and Xenophobia 
 
The ITUC held a seminar on diversity, racism and xenophobia from 4 to 7 December in Geneva. This is a topic that has very strong gender perspectives. Migrant women are generally over-represented in low-skilled employment. 
 
The World Bank reports that women make up about 50% of the migrant population worldwide. The UN calculated in 2006 that about 190 million people live outside their country of origin. 
 
The meeting deplored the fact that racism seems to be on the rise worldwide and that racist policies can be used for electoral gain. ITUC will be developing activities to lead up to the conference in 2009 to follow up the 2001 Conference on racism held in Durban, South Africa.
<img height="31" alt="" src="" width="25" />
Resources 
 
<a href="http://www.ccoo.es/webCCOO/temp/recursos/1/44630.pdf">Good Practice Guide for Non-Sexist Language in Collective Bargaining</a> (in Spanish)&nbsp; 
 
<a href="http://www.uso.es">For an explanation of equality plans in Spain&nbsp; 
</a> 
<a href="http://www.un.org/womenwatch">United Nations Inter-Agency Network on Women and Gender Equality</a> 
 
<a href="http://www.unhabitat.org/pmss/getPage.asp?page=latestPeriods">For a look at the urban informal economy in UN Habitat</a>
<a href="http://www.homeworkersww.org.uk ">HomeWorkers Worldwide</a>
<a href="http://www.lo.no/lobasen/Content/122971/14-06-LO-magasin-eneglsk-skjerm.pdf">For a publication on Women in the South</a> 
 
<a href="http://www.all-together.org">Men and equality and work-life balance</a>

ICEM WOMEN’S BULLETIN 27

The ICEM today said Stora Enso must do more to meet its social responsibilities regarding layoffs at two pulp and paper mills in Finland, as well for white-collar workers in the Nordic nation that are also getting the sack. The ICEM supports this week&rsquo;s strike by workers at Stora Enso in Finland. 
 
The Global Union Federation, representing 20 million workers in several industrial sectors, predicted in November that further strikes in the Finnish pulp and paper sector would occur if Stora Enso did not present alternatives to its latest restructuring plan. (That release can be found <a href="/en/?id=19&amp;doc=2442&amp;la=EN">here</a>.)
<img height="143" alt="" src="" width="140" />
On 25 October, the Finnish-Swedish company announced that 1,400 jobs would be cut in Finland, Sweden, and other European nations.&nbsp;Some 1,100 of those jobs were to be lost in Finland. Yesterday&rsquo;s announcement by Stora Enso that mill closures and job cuts totalling 985 is unacceptable, and the ICEM joins with Finnish trade union affiliate Paperiliitto by calling on the company to develop new technologies and new products that will retain workers. 
 
&ldquo;The strikes in Finland are a clear indication that workers themselves are not satisfied with the company&rsquo;s approach,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;As a sizeable minority shareholder in Stora Enso, the Finnish government has an obligation to do more to preserve these jobs.&rdquo; 
 
The ICEM reiterates its solidarity to the workers at the Kemij&auml;rvi and Summa Mills in Finland, as well as the Norrsundet paperworkers in Sweden, and white-collar workers in the two countries and in other administrative offices in Europe. &ldquo;They have displayed great strength through their respective trade unions, and the ICEM will ensure that this strength becomes a chain of strength for paperworkers throughout the world,&rdquo; said Warda. &ldquo;We call on Stora Enso to implement strategies that grow jobs, not destroy them.&rdquo;

Stora Enso Must Do More to Fulfill Social Responsibilities

<img height="39" alt="" src="" width="100" />
The ICEM North American affiliate, Communications, Energy, Paperworkers (CEP) Union of Canada, announced its intention to re-open sector-wide Eastern Canadian pulp and paper bargaining in efforts to stop the closure of mills and the loss of jobs. Meeting in Montreal on 5-6 December, local union leaders at Canada's largest paper company, AbitibiBowater, adopted the measure as part of an action plan to halt mill closures. 
The announcement by leaders of 35 local unions came in the wake of AbitibiBowater&rsquo;s plan to sack 1,000 paperworkers with the closure of four mills &ndash; in Dalhousie, New Brunswick, McKenzie, British Columbia, and Shawinigan and Donnacona, both in Quebec. The closures mean Canada has now lost 20,000 forest sector jobs in the past two to three years. 
<img height="115" alt="" src="" width="250" />
The proposal to enter talks early will be put to a conference of all pulp and paper local unions from Eastern Canada early in 2008. CEP then will be entering year four of a five-year contract covering 25,000 paperworkers in the eastern half of the country. 
 
&ldquo;We&rsquo;re taking the bull by the horns,&rdquo; stated CEP President Dave Coles. &ldquo;As a union, there are ways we can help cut costs that don&rsquo;t involve concessions, and we want to put them forward.&rdquo; The CEP president stressed that the union will not re-open contracts with the intent to cut wages or benefits. 
 
In 2004, Abitibi was the lead company for the CEP in pattern bargaining in Eastern Canada. The company's latest round of announced cuts occurs shortly after the Canadian company finalised its merger with US-based Bowater. 
<img height="114" src="" width="100" alt="" />
CEP President Dave Coles
&ldquo;We want to sit down face-to-face with AbitibiBowater to explore their closure announcements in detail,&quot; said Coles, adding that talks would centre on all possible alternative plans for the mills. He said early retirements and transition plans for the affected workers would be on the table. 
 
The CEP is also calling on AbitibiBowater and all major pulp and paper companies to join the union in convening a national forest industry summit to agree on urgent matters to support the industry. The union believes the federal government, led by Premier Stephen Harper, has turned a deaf ear to the crisis in the country's forest products industry, a crisis that has severely impacted tens of thousands of Canadians residing in rural areas.

CEP Proposes to Re-open Eastern Canada&#039;s Paper Talks to Halt Rampant Mill Shutdowns

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BHP Billiton, the world's largest combined energy and mining company, will file a legal appeal to avoid hiring contract workers to full-time, permanent jobs at its Escondida copper mining operations in Chile. That was the Australian company's response to a directive from the country's Ministry of Labour on 7 December that it is to directly employ 767 subcontractors at its large copper mining operation in northern Chile, in order to comply with a Law on Subcontracting. 
 
The directive, issued in a report, follows the notice that state-run mining company Codelco, the world's largest copper mining enterprise, must bring over 5,000 workers onto its permanent rolls for the same reason. Codelco utilises the services of some 30,000 subcontractors, compared to 15,000 permanent workers. 
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Furthers reports from the Ministry are expected on Xstrata and AngloAmerican. BHP Billiton wasted no time in saying it will challenge the directive, which, it says, will raise its full-time employment at Escondida by 25%. Escondida is 57.5% owned by BHP, while Rio Tinto holds a 30% stake, and a Japanese consortium holds 10%. 
 
Chile's Law on Subcontracting was passed in 2006 and took effect in January 2007. It sets limits on the number of staff that can be used on short-term jobs. The law changed the secondary responsibility of companies utilising contractors regarding labour responsibilities, giving them primary responsibility. It also created a process in which enterprises must register and establish a fund to meet wage costs and guarantee the supply of full-time workers in case of non-compliance. 
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The purpose of the law is to ensure compliance with existing Chilean labour law and to prevent unfair competition between companies on work conditions. In Chile, some 50% of enterprises were estimated to contract out part of their production, while 20.7% contracted out their main economic activity. Prior to the law taking effect, a full 35% of Chile's labour force was estimated not to have a direct contractual link with the primary enterprise. 
 
In Chile's copper industry, permanent staff earns three times more than contract workers, who oftentimes perform the same work. This issue caused a six-week strike in June and July 2007 by the 30,000 subcontractors of Codelco at its five Chilean divisions. 
 
The Labour Ministry's report on Xstrata and AngloAmerican, which each own 44% of Chile's third largest copper operation, Dona Ines de Collahuase, is expected to be released this week.

BHP Billiton Files Legal Challenge to Chile&#039;s Law on Subcontracting

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ICEM affiliate Chemical, Manufacturing and Connected Trades Employees&rsquo; Union (CMCTEU) has engaged in a global effort to block two pieces of government legislation coming soon to a vote in the National Assembly of the Indian Ocean island-nation. 
 
The two bills the Employments Relations Bill and the Employment Rights Bill. CMCTEU issued a statement saying the government is pressing the measures to a vote in this legislative session before extensive dialogue between the social partners can occur. They ask the ICEM to take this struggle to a global level by asking trade union affiliates to write letters to the Mauritius Minister of Labour, Industrial Relations and Employment opposing the measures. 
 
That minister is Dr. Vasant Bunwaree and letters can go to <a href="mailto:vkbunwaree@mail.gov.mu">vkbunwaree@mail.gov.mu</a>. 
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The Employment Relations Bill has many shortcomings, namely an erosion of workers&rsquo; rights, a cumbersome strike certification process, and restrictions on jobless workers over unemployment pay and ability to regain employment. The legislation also decreases sick leave time and gives no collective trade union protection to workers in small enterprises. 
 
The proposed laws also contain no penalties for employers who unjustly fire workers. 
 
The ILO&rsquo;s International Labour Office has assessed both pieces of legislation. It said that social and labour policies enacted into law must be the result of extensive consultation and social dialogue. It also concluded that the draft statutes set forth no criteria on how the two will function together, and says the legislation as written is short on administrative monitoring compliance. The ILO was also critical of language in the proposed statutes, which, in many places, is not gender-neutral.

Mauritius Affiliate Seeks Halt to hasty Labour Reform Legislation

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Not only did ICEM Thai affiliate Paper and Printing Federation (PPFT) win the reinstatement of Thanet Jhanluechai at SIG Combibloc 11 days ago, it also won assurances from the New Zealand&rsquo;s Rank Group that contract and agency labour language in the collective agreement will be honoured. 
 
That language reads exactly as the ICEM&rsquo;s policy on contract labour in collective agreements: the trade union must be consulted prior to any decision to sub-contract work, or hire temporary workers. The language is contained in a 2005 collective pact inside the 420-work Rayong province paper plant, and Rank Group now has agreed to adhere to it. 
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SIG branch leaders of PPTF
&nbsp;Rank Group purchased SIG Combibloc from its Swiss owners last spring. In readying the mill for sale, the packaging plant&rsquo;s managing director eliminated 8-hour work days in favour of 12-hour shifts. This cost workers a portion of their pay and of their shift differential pay. The agreement that was struck on 6 December also included the Rank Group&rsquo;s sacking of the plant&rsquo;s managing director, an individual blamed by workers for bringing deteriorating work and productivity conditions. 
 
A tightly-held private equity company led by New Zealand&rsquo;s richest man, Graeme Hart, Rank Group has moved rapidly into the forest products sector since buying, and taking private, Carter Holt Harvey in 2006. Since, it has increased its industry portfolio by buying papers mills and plants throughout the world. The ICEM commends the global trade union support that lead to justice being restored at SIG Combibloc, and particularly salutes New Zealand trade unions Engineering, Printing, and Manufacturing Union (EPMU) and the National Distribution Union for their lead. 
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Senior managers from Auckland-based Rank Group came to Rayong in late November and early December to resolve the dispute. This happened after global pressure. They also accepted &ndash; and agreed to correct &ndash; unfair work rules and other workplace issues that have led to extremely low morale. The ICEM congratulates PPFT and the workers at SIG Local Union for their great victory. Read more on the reinstatement of Thanet Jhanluechai <a href="/en/?id=19&amp;doc=2510&amp;la=EN">here</a>.

Thai Paperworkers Win More Than Just Reinstatement of Workplace Leader

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The European Union&rsquo;s Council of Ministers, on 5 December, backed away from passing an EU Directive on Agency Workers. The Directive, if passed, would have entitled agency workers to the same pay, benefits, and conditions of work as full-time staff after a six-week period. 
 
The proposed Directive, which was first drafted in 2002, has been blocked now for three years, primarily by UK&rsquo;s Labour Party government. In the 5 December meeting of the EU Employment Council, the Portuguese presidency was ready to ballot member countries under the EU&rsquo;s qualified-majority voting system, but the vote did not occur due to consideration of other UK positions. Besides the UK, Germany, Ireland, and Malta were member nations opposed. France and Poland had made compromises to accept the Directive. 
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The Agency Workers&rsquo; Directive is sure to be brought up again in early 2008, when Slovenia takes the presidency of the EU. The UK government&rsquo;s position has been bolstered by British business groups, who insist on flexible, disposable workforces in the name of competitiveness. 
 
Generally across Europe, temporary or agency workers are paid less, receive less training, and are prone to a higher rate of workplace accidents. 
 
Labour unions were incensed by the Brown government&rsquo;s continuation of Tony Blair policies. In leading up to the vote, European Trade Union Confederation (ETUC) Secretary General John Monks, a British citizen, spoke before the UK&rsquo;s House of Commons on the issue. &ldquo;Agency workers are getting a second-class deal. And you &ndash; our government &ndash; are defending that, the indefensible.&rdquo; 
 
Following the 5 December non-action by the EU, UK Trades Union Congress General Secretary Brendan Barber stated, &ldquo;This is a bad day for rights at work across Europe, but especially in the UK. Contrary to business scare-mongering, this directive would not stop agencies providing temporary staff to employers. It would make it more difficult to undercut wages and conditions, and help slow the growth of a two-tier workforce.&rdquo;

EU Ignores Equal Treatment for Agency Workers in Failure to Pass Directive

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BHP Billiton Files Legal Challenge to Chile's Law on Subcontracting

Mauritius Affiliate Seeks Halt to hasty Labour Reform Legislation

Thai Paperworkers Win More Than Just Reinstatement of Workplace Leader

EU Ignores Equal Treatment for Agency Workers in Failure to Pass Directive

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