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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 last week convinced German luxury auto maker BMW to back away from closing off 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 deny them equal pay as that received by 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 pay them up to 20% less than their own full-time workers. 

In December when BMW announced its intention to move ahead with the two regressive changes, Unite responded that it would consult workplace leaders over an industrial ballot. 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 last week convinced UK management to forego closing off the pension scheme to new hires and not to use the &ldquo;Swedish Derogation&rdquo; model, but rather engage Unite and its shop-floor leaders from all four plants in dialogue on a positive path forward without the harsh proposals. 

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;

UK’s Unite Holds Off BMW from Closing Final Pension Scheme, Using Temp Work Exception

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The ICEM vehemently supports 90 members of the affiliated Teamsters Union (IBT) in the US, who went on strike last month in Norwood, Massachusetts, at CertainTeed, a roofing materials subsidiary of French multinational Saint-Gobain. Members of IBT Local 25 in the Boston area walked off their jobs when their contract expired on 19 December over unreasonable demands to reduce their health insurance benefits. 
 
In an <a href="/wp-content/migration/icem/1.ICEM.Teamsters%20Local%2025.US.pdf">ICEM letter</a> today to Local 25 President Sean O&rsquo;Brien, General Secretary Manfred Warda said the dispute would receive the Global Union Federation&rsquo;s highest priority and would be brought to the attention of French trade unions and senior executives at Saint-Gobain in Paris. 
 
CertainTeed, a wholly-owned subsidiary with multiple plants in the US that manufacture asphalt roofing shingles, gypsum wallboard, and insulated fiberglass products, proposes to reduce the amount of health insurance it pays on workers, 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. In order to preserve the joint union-management run health care plan, the union proposed costs savings to the company on a pension plan that would not reduce workers&rsquo; retirement benefits. But CertainTeed wasn&rsquo;t interested.
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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 such social responsibility. 
 
The two sides are scheduled to meet today before the US Federal Mediation and Conciliation Service (FMCS) in the first negotiations since the strike began. 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 at Norwood pre-dates CertainTeed ownership, and the union is adamant in retaining it. The company proposes to replace it with a lesser company-controlled insurance plan that contains far few benefits.

ICEM Intervenes in Saint-Gobain Dispute in US State of Massachusetts

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ICEM&rsquo;s two affiliated oil workers&rsquo; unions &ndash; the white-collar Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the National Union of Petroleum and Natural Gas Workers (NUPENG) &ndash; joined the call of Nigeria&rsquo;s two labour federations in a nationwide strike today over the government&rsquo;s sudden 1 January removal of consumer fuel subsidies. 
 
The indefinite strike by Nigerian workers in all sectors was authorized last week by the executive boards of both the Trade Union Congress (TUC) and the Nigeria Labour Congress (NLC). NUPENG&rsquo;s board approved today&rsquo;s walkout at a meeting of union leaders yesterday, while PENGASSAN&rsquo;s National Executive Council (NEC) gave strike approval on 5 January. 
 
In a statement issued after the NEC meeting in Lagos, PENGASSAN President Babatunde Ogun called government&rsquo;s fuel subsidy removal &ldquo;illegal, hasty, without consultation, and lacking of transparency.&rdquo; The union challenged the government of President Goodluck Jonathan to work on behalf of Nigerian people rather than for the International Monetary Fund and World Bank. 
<img alt="" src="" width="100" height="103" />&nbsp;&nbsp;&nbsp; <img alt="" src="" width="98" height="103" />
Both PENGASSAN and NUPENG called on the government to rescind the New Year&rsquo;s Day elimination, roll back fuel prices to 2011 levels, and then engage the unions of Nigeria in honest dialogue. 
 
The lifting of subsidies immediately shot fuel prices up as much as 225% one week ago. It also sparked a price rise in food and transport costs across Nigeria. Many human rights groups and civil liberty organizations began protests last week. Petrol filling stations in many states were blockaded and protests spilled into many roads across the country, blocking traffic. 
 
Even though Nigeria produces about 2.4 million barrels of crude oil, the government is forced to import roughly 70% of its gasoline supply because of inadequate and run down refineries. The country of 160 million people depends on only three operable refineries for retail consumption. 
 
Jonathan acted on the recommendation of the Petroleum Products Pricing Regulatory Agency (PPPRA), a body notorious for irregularities and one that has paid billions of naira to so-called &ldquo;brief-case companies&rdquo; and middle men in import subsidies. 
 
Nigeria&rsquo;s National Industrial Court ruled on 6 January that Labour&rsquo;s indefinite strike would be illegal but similarly to a mass national strike in 2003 when a previous government attempted to lift remove fuel subsidies, strikes across the country went ahead today and are expected to continue throughout the week.

Nigerian Oil Workers’ Unions Strike in Fuel Subsidy Removals

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The ICEM CAL Mini Guide to Dealing with CAL is available in English, French, Spanish, Portuguese, Hindi and Bahasa Indonesian. 
 
The guide gives an overview of what the ICEM and its affiliates around the world are doing to promote permanent, direct employment and at the same time to promote better conditions for CAL workers. It also suggests ways in which unions can build relations with CAL workers, for example by creating a dedicated precarious workers&rsquo; section or rep, or considering the introduction of different membership fee levels and/or an alternate method of dues collection. ICEM affiliates are encouraged to initiate a discussion on CAL within their own unions, and the Guide suggests a number of questions which may help to get these discussions started. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20HQ.pdf">CAL Mini Guide in English</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20French.pdf">CAL Mini Guide in French</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20Spanish%20HQP.pdf">CAL Mini Guide in Spanish</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20Portuguese.pdf">CAL Mini Guide in Portuguese</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20Hindi.pdf">CAL Mini Guide in Hindi</a> is available here. 
 
The <a href="http://cal.icem.org/images/documents/ICEM%20Mini%20Guide%20CAL%20Bahasa.pdf">CAL Mini Guide in Bahasa Indonesian</a> is available here.

ICEM Mini Guide to Dealing with CAL Available in Multiple Languages

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From International Metalworkers&rsquo; Federation 
 
At the ILO Global Dialogue Forum on private employment agencies, unions put on record their experiences of employment through agencies being used to drive down wages and prevent agency workers from joining a union and bargaining collectively. 
 
On 18-19 October, representatives of governments, private employment agencies, and trade unions exchanged views on the role of agencies in promoting decent work. The discussions revealed that unions and agencies have completely different views on the impact of the growth of agency labour on employment. 
 
The agencies repeatedly insisted that agency work is decent work, that it creates jobs and that it is never used to undermine or replace open-ended, direct employment. All of these claims were rejected by trade union representatives, who presented a catalogue of situations from a variety of industries around the world that demonstrate that agency employment is being used to systematically replace permanent jobs, lower wages and work conditions and leaving workers with no social protections and no possibility of joining a union or bargaining collectively with their employer. 
 
Worker delegates insisted that triangular employment relationships by their very nature make collective bargaining virtually impossible. 
 
It rapidly became clear that the representatives of private employment agencies were using the meeting to seek legitimacy for their industry, to grow their markets and to be recognized as the sole counterpart for collective bargaining, at the exclusion of user enterprises. 
 
For their part, unions were seeking equal treatment for agency workers and restrictions on the circumstances under which agency employment is permissible, its duration and extent. Unions also wanted action to strengthen freedom of association and collective bargaining for agency workers which included user enterprises and unions representing workers in user enterprises. 
 
At the end of the meeting, a very limited number of potential consensus points were put forward for discussion, but finally the meeting ended with no conclusions when labour hire representatives showed that they are not ready to negotiate in order to reach agreement. 
 
Unions will continue to work within the framework of the ILO to ensure greater protection for agency workers and to limit the spread of agency work and triangular employment relationships.

ILO Meeting on Labour Agencies Exposes Abuses, No Consensus Reached

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The devastating floods which killed more than 600 people in Thailand have had a serious impact on the livelihoods of CAL workers. Many agency workers were not paid as plants have been shut down since the crisis began in October 2011. As the flooding continued in November and December, hundreds of thousands of agency workers were laid off. 
 
The electronic sector, which employs a high proportion of precarious workers, has been amongst the hardest hit by the flooding. In the Ayutthaya and Pathumthani provinces, north of Bangkok, thousands of electronic factories located across several industrial estates remain swamped by more than two metres of water. Several companies have announced lay-offs and plans to relocate production facilities from Ayuttaya to Malaysia. 
<img alt="" src="" width="150" height="69" />
The Thai government is providing a package to assist companies to retain their workforces. Companies that commit to a policy of no lay-offs, maintain the same level of worker benefits, and pay workers no less than 75% of their wages are eligible for this relief package. 
 
Some unionised companies have continued to pay wages &ndash; from 100% of wages in the first month, to 75% and 50% for November and December. The Goodyear Tyre company paid full wages to both regular and fixed-term workers since its only plant in Rangsit, north of Bangkok, was hit by the floods on 21 October. 
 
Production has not yet resumed at the plant but management and the union are working hand in hand in the recovery process. Workers on fixed term workers at Goodyear whose contracts came to an end on 30th November 2011 did not have their contracts renewed. 
 
At the same time, several companies in the eastern seaboard which were not directly affected by the flood have used the flood as an excuse to delay CBA negotiations or to avoid implementing CBAs.

Flooding in Thailand has devastating impact on CAL workers

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An ICEM report has found that the rights of workers in the cement industries of the Philippines, Indonesia, Thailand, Malaysia and India are being routinely violated through the use of precarious forms of employment. 
 
In many of the plants covered by the research, Contract and Agency Labour (CAL) is being used to restrict or prevent workers from exercising their right to freedom of association. Lafarge in the Philippines, for example, has been using CAL workers to fill permanent positions ever since workers took part in industrial actions as far back as 2000. At one Lafarge plant in Indonesia, all permanent workers are union members, whereas none of the CAL workers are. In India, contract workers at Holcim were dismissed after they joined the union. To make it worse, the company started criminalising the union leaders. 
 
ILO Conventions 87 and 98 apply to all workers, as explicitly stated in the 350th report of the ILO Committee on Freedom of Association: &ldquo;The Committee emphasizes that all workers, without distinction whatsoever, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the right to establish and join organizations of their own choosing.&rdquo; 
<img alt="" src="" width="150" height="46" />&nbsp;&nbsp;&nbsp; <img alt="" src="" width="150" height="64" />
The report further specifies that the non-renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention 98. 
 
In all five countries covered by the research, CAL workers earn less than permanent workers &ndash; despite performing work of equal value &ndash; and are denied access to many of the benefits enjoyed by their permanent counterparts. 
 
In both the Philippines and Thailand, permanent workers are increasingly being used only in supervisory roles. This division of responsibilities highlights the fact that it is often contract and agency workers who are performing core labour tasks. 
 
CAL workers in many cement plants live with the burden of uncertainty. As one interviewee explained, he felt his job would continue only &ldquo;as long as I will cooperate.&rdquo; In the Philippines, some CAL workers reported that they do not even have written contracts. In many cases and countries, CAL workers are also not clear who is responsible for their welfare. In Thailand, agency workers are the most likely to suffer workplace accidents, yet in many plants they are denied the same health care benefits as permanent workers. 
 
The ICEM decries these exploitative practices, and demands that multinational cement companies such as Lafarge and Holcim that operate in Asia guarantee equal rights for CAL workers and take urgent steps to bring their practices in line with not only the various applicable national legislations, but also with all existing international labour standards - including ILO Conventions 87 and 98 and the Employment Relationship Recommendation 198. 
 
Cement companies must also act to ensure that they meet their obligations under the OECD Guidelines for MNEs and the United Nations Guiding Principles on Business and Human Rights. 
 
The <a href="http://cal.icem.org/images/documents/Cement%20Report.pdf">CAL Cement Report</a> is available here.

ICEM Report Exposes Asian Cement’s CAL Practices

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	&ldquo;Local Actions, Global Impact&rdquo; was the motto of the annual Job Stewards&rsquo; Seminar of the ICEM Canadian affiliate, Office and Professional Employees Union (COPE) Local 378, which was held 9-11 March in Vancouver, British Columbia. COPE Local 378 represents 14,000 union members at public- and private-sector companies in the western Canadian province and affiliates to the ICEM through rank-and-file membership in the electricity and gas sectors.

	The seminar offered an opportunity to meet and work with both new and experienced shop stewards, as well as leading union officials with nine weekend-long workshops and courses that includes global solidarity and campaigns.

	The ICEM was represented by Director of Industry and Corporate Affairs Kemal &Ouml;zkan and he delivered a presentation on global union solidarity, the ICEM, and the new Global Union Federation, IndustriALL.

	&nbsp;<img alt="" src="" style="width: 234px;height: 141px" width="390">&nbsp;

	Kemal Ozkan

	&ldquo;Global solidarity is one of the major items of this seminar,&rdquo; said COPE Local 378 President David Black. &ldquo;This course starts to make the links between the experience in our own working lives and communities and workers in other countries.&rdquo; The seminar noted that &ldquo;in an increasingly shrinking world, our struggles are often the same even though they may be half way around the globe.&rdquo;

	The participants discussed the economic circumstances they find themselves in and the ongoing globalization of the world&rsquo;s economy. The seminar designed a toolbox to provide activists with an opportunity to make links with workers in other countries and to demonstrate solidarity with them.

	The seminar also welcomed Napole&oacute;n G&oacute;mez Urrutia and Juan Linares from the National Miners&#039; and Metalworkers&#039; Union (SNTMMSRM), or Los Minerosof Mexico as guests. G&oacute;mez, General Secretary of Los Mineros, has been living in exile in Vancouver for over four years through the support of ICEM North American affiliate United Steelworkers (USW), while Juan Linares was imprisoned in Mexico from 2008 to 2011 after returning to his home country after attending the convention of British Columbia Federation of Labour.

	&nbsp;&nbsp;&nbsp;<img alt="" src="" style="width: 289px;height: 103px" width="390">&nbsp;&nbsp;&nbsp;

	Both G&oacute;mez and Linares have been persecuted and threatened by the Mexican government despite the fact that courts there have dismissed false charges against them over the handling of union funds. Linares, in an emotional speech, cordially thanked participants for the support and solidarity delivered by COPE Local 378.

	Following the close of the seminar, COPE Local 378&rsquo;s Gwenne Farrell wrote to the ICEM, stating, &ldquo;I can tell that we had approximately 165 participants in attendance and the feedback they have given me is that they now fully support the work we are doing with the ICEM.

	&ldquo;Moreover, the course that I facilitated on Global Solidarity trained some of our activists on what they can do to help with a number of global issues.&nbsp; Thank you for making a difference to our members and for doing such a great job promoting ICEM.&rdquo;

Canadian COPE Union Ties Local Actions into Global Impact

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	A merger of labour federations in Swaziland has set the stage for a struggle toward democracy and independent political parties in the country. On 10-13 March, the Trade Union Congress of Swaziland (TUCOSWA) convened its first Congress and priority number one is to establish a multi-party political system, or to boycott sham elections next year.

	TUCOSWA, formulated last year, was officially launched at its Congress in Matsapha and its first order of business was to demand registration and participation of political parties in Africa&rsquo;s last absolute monarchy, run by despotic King Mswati III.

	The new labour federation amalgamates the Swaziland Federation of Trade Unions (SFTU), the Swaziland Federation of Labour (SFL), as well as the most powerful single trade union, the Swaziland National Association of Teachers (SNAT). The 50,000-member federation vowed that there will either be open and fair Parliamentary elections next year, or Mswati would face a boycott of next year&rsquo;s elections.

	&nbsp;<img alt="" src="" style="width: 200px;height: 92px" width="390" />&nbsp;

	Political parties have been banned in Swaziland since 1973 and Mswati and his cronies have mismanaged the economy so severely that public sector salaries have gone unpaid. At this month&rsquo;s founding Congress, TUCOSWA announced it would embark on a nationwide education campaign, and as part of that, major protests likely to occur in April and May.

	Such manifestations will no doubt be met forcefully by Swazi police loyal to Mswati. In fact, at a meeting in Lubombo in January by leaders of TUCOSWA to discuss the monarch&rsquo;s introduction of a value added tax, police broke it up after the unionists refused a demand to call off the meeting.

	&ldquo;Workers are more prepared now to go to grassroots levels and into the communities to shed light on what the government should be doing,&rdquo; said TUCOSWA President Barnes Dlamini.

	TUCOSWA General-Secretary Vincent Ncongwane used his speech at the end of this initial Congress to rally civil society &ndash; including faith-based groups and cultural entities &ndash; to frustrate next year&rsquo;s scheduled electoral farce.

	In Swaziland, Mswati operates with what is called a tinkhundla regime, an undemocratic system whereby all power is vested in him with administrative matters put in the hands of tribal chiefs dependent on his patronage. The Swazi Parliament has few powers, with Mswati making appointments to many of the seats in the House of Assembly and Senate.

Merged Swaziland Labour Federation to Advance Cause of Democracy

Today on International Women&#039;s Day, the International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions (ICEM) is calling for the immediate apprehension of the killer or killers of Pinky Mosiane, a 28-year-old South African woman who was employed as a miner at American Platinum&rsquo;s (Amplats) Khomanani mine in North West province. On 6 February, she was raped or sexually assaulted, and then brutally murdered with a large rock crushing her skull.

	The ICEM calls attention that today, 8 March, those responsible for this barbaric crime have not been captured. Underground mining is tough enough for both men and women, and women who work in mines should not have to fear aggression of any sort from other workers, supervisors or anyone else. At the Khomanani mine near Rustenburg, Amplats employs 3,800 workers and 262 of them are women.

	<img alt="" src="" style="width: 140px;height: 97px" width="390" />

	Pinky Mosiane

	The ICEM has confidence that Anglo American plc., the Amplats parent company, and police in South Africa are doing all that they can to solve Pinky Mosiane&rsquo;s murder. But we urge the investigations be stepped up and those responsible for this heinous crime against a co-worker be apprehended at once, for a safe and secure workplace at the Khomanani mine.

	&ldquo;Workplace violence against women in any form is a glaring violation of decent work and a severe signal of gender inequality,&rdquo; said ICEM General Secretary Manfred Warda. ICEM statistics show that seven of ten women suffer some kind of gender-related violence at some point in their lives. And 50% of women in the European Union suffer on-the-job harassment or bullying.

	Pinky Mosiane of Pshing township, South Africa, leaves a seven-year-old son, who also lost his father in 2010, and her mother, Mary. To die this kind of death at the workplace, particularly in a mine, is nearly incomprehensible. But it happened and on this International Women&#039;s Day &ndash; and the days to come &ndash; the ICEM will not rest until the perpetrator(s) of this bestial act are apprehended and shown justice.

	For further information, contact ICEM Gender Officer Carol Bruce, &nbsp;<a href="mailto:carol.bruce@icem.org">carol.bruce@icem.org</a>, +41 79 734 9031, or ICEM Information Officer Dick Blin, &nbsp;<a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, +41 22 304 1842.

International Women’s Day: ICEM Demands Immediate Apprehending of Pinky Mosiane’s Murderer(s)

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