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	The ICEM&rsquo;s Contract and Agency Labour (CAL) project publishes a quarterly newsletter intended to bring the latest news, developments, and trade union initiatives against the growing use of precarious work.

CAL Newsletter March 2012

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	French oilfields services&rsquo; giant Schlumberger is continuing to resist attempts by a genuine independent trade union in Egypt to organize workers at its operations.

	ICEM affiliates representing workers throughout the world are continuing to press the company on behalf of workers who were dismissed soon after the founding Congress of the Egyptian Federation of Independent Trade Unions (EFITU), under which a Schlumberger workers&rsquo; branch is affiliated to.

	The pressure has begun to attract the attention of senior management of the company. While Egyptian management ignored a request by ICEM General Secretary Manfred Warda to meet to resolve the dispute, ICEM has now been informed that the company recently sent a &ldquo;fact-finding committee&rdquo; to Egypt consisting of the legal and recruitment managers of Schlumberger&rsquo;s regional office in Dubai.

	The two company representatives met with the President and the General Secretary of the independent local branch union, both of whom are among the dismissed workers, including some of the workers who were forced to resign from the union.

	&nbsp;<img alt="" src="" style="width: 213px;height: 160px" width="390" />&nbsp;

	Schlumberger demonstration in Cairo

	In this meeting, ICEM was informed that the managers did appear to listen carefully to the whole story, but made no promises. However, they hinted at the possibility of giving them financial compensation, claiming that is was too difficult to reinstate them since this would be seen as Schlumberger admitting its behavior was wrong.

	ICEM supports the dismissed workers who reject any financial compensation, and insist on returning to their work and activities inside the union. ICEM will continue the campaign until this issue has been resolved.

	In an earlier escalation of the dispute, Schlumberger Egypt arranged meetings with workers of subcontractors in in the operations. Numbering some 1,500 workers, they account for approximately half of the company&rsquo;s workforce in Egypt. In meetings at the Kattamia base and the head office, company representatives gave instructions to all subcontract workers that Schlumberger intended changing subcontracting companies, so they demanded that workers resign from their current contracts and then would receive new contracts under new subcontractors later.

	The new contracts would not take into account previous working periods, thus allowing companies to dismiss workers during the first three months without compensation, according to Egyptian law.

	But Egyptian Labour Law is presently uncertain and largely unusable. In theory, the old Mubarak era law, remains in force while there are at least three new proposed labour laws, drafted by different political groups, circulating in Parliament. The last trade union elections of 2007 in the former unitary government controlled trade unions, all part of ETUF, have been invalidated for corruption and the former governing structures of these unions dissolved with appointed oversight committees put in place to run the organizations until new elections take place &ndash; under a new law in the future.

	The situation allows companies such as Schlumberger to take advantage of the situation to prevent genuine trade representation of their workforces.

	Prior coverage of the Schlumberger dispute in Egypt can be found <a href="/en/78-ICEM-InBrief/4946-Schlumberger-Ignores-ICEM-s-Offer-of-Dialogue">here</a> and <a href="/en/78-ICEM-InBrief/4899-Oil-Services-Giant-Schlumberger-Pressured-over-Egyptian-Union-Busting">here</a>.

Schlumberger Continues Destruction of Independent Egyptian Trade Union

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	Mining conglomerate Rio Tinto is destroying the community of Alma, Qu&eacute;bec, by the continued lockout of 780 workers, members of the United Steelworkers (USW). The lockout since 30 December 2011 is an economic move in order to increase profits at an aluminium smelter of subsidiary Alcan in Alma.

	Tomorrow in London, protests will occur outside and in the Annual General Meeting of Rio Tinto by USW Canadian members and their ally in the UK, Unite the Union. The protest will be supported by three Global Union Federations, the ICEM, the International Metalworkers&rsquo; Federation (IMF), and the International Transport Workers&rsquo; Federation (ITF).

	Shamefully, the International Olympic Committee (IOC) has contracted with Rio Tinto to produce gold, silver, and bronze medals for this summer&rsquo;s Olympics and Paralympics Games in London. Active protests are currently underway against IOC, stating that the Games are tainted and achievements of the world&rsquo;s best athletes are flawed by a company with a long track record of economic and environmental destruction on the communities where it operates. (Join the <a href="http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=1365">Labour Start campaign</a> to kick Rio Tinto &ldquo;Off the Podium&rdquo; with a message to the IOC here, and view the USW&rsquo;s <a href="http://www.offthepodium.org/">Off the Podium</a> website.)

	&nbsp;<img alt="" src="" style="width: 370px;height: 130px" width="390" />&nbsp;

	At tomorrow&#039;s protest, Unite will distribute replica Olympic medals to be passed out to the public at the shareholders&#039; venue, the Queen Elizabeth II conference centre. Unite also has arranged for union-friendly Members of Parliament to submit an Early Day Motion in the UK Parliament.

	Rio Tinto has posted profits of US$20 billion over the past two years and despite the fact that the Alcan aluminium smelter in Alma is one of the most efficient and profitable in the world, it has used a lockout to reap even more profit. Alcan management of late has refused to engage the USW in meaningful negotiations to end the lock-out, predicated on the company&rsquo;s desire to force mass outsourcing by eliminating and full and direct employment

	Alcan seeks to replace each retiring worker with a subcontract worker that will see 50% less than the current average union wage of C$34-an-hour. USW negotiators in early April submitted a proposal in bargaining to end the lockout, but Alcan management walked from the table still seeking the unlimited right to subcontract.

	Alcan has continued to receive special assistance from the province of Qu&eacute;bec in a generous agreement whereby Hydro-Qu&eacute;bec buys back unused electricity from the company while the lockout is ongoing.

	The lockout by Rio Tinto Alcan in Alma has triggered a global campaign against Rio Tinto that took on further dimensions early this week at a special Mines and Metals Networking meeting in Sydney, Australia, as well as at the 17-19 April ICEM World Mining Conference, also in Sydney. Trade unionists resolved to build a long-term global campaign against the world&rsquo;s second largest resource company.

Global Unions, USW Bring Rio Tinto Alcan Canadian Dispute to Shareholders

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A first-of-a-kind collective agreement took root in Germany&rsquo;s solar energy manufacturing industry on 1 September. It was then that a labour contract took effect between IG Metall and three subsidiaries of Bosch in the state of Thuringia, making it the first collective agreement in Germany&rsquo;s solar power industry. 
 
The agreement covers 2,500 workers at factories of Bosch Solar Energy AC, Bosch Solar Wafers GmbH, and Bosch Solar Thin Film in the cities of Erfurt and Arnstadt. IG Metal Hesse and Thuringia Region representatives used the effective date of the three-year agreement to distribute leaflets to workers at other solar product manufacturers in central and eastern Germany highlighting details of the Bosch accord. 
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Those companies include Q-cells, Conergy, and Solon, to name just a few. It is the union&rsquo;s hope that the Bosch accord will spur a national collective agreement in the solar manufacturing industry, a sector now encompassing 130,000 German workers. 
 
Labour agreements in renewable energy industries, said IG Metall Regional Secretary Armin Schild, have been &ldquo;a no man&rsquo;s land. This agreement hopefully will become the standard throughout the industry.&rdquo; 
 
Based on the union&rsquo;s metal sector agreement, this first contract contains a bounty of benefits for workers of the three Bosch subsidiaries. Although it contains no set wage increases over the three years, workers will see their pay increase with regular bonuses, performance-based bonuses, and additional compensation for holiday and night-shift work. 
 
The work week will be reduced with full pay from 40 to 38 hours in increments over the three-year term, and overtime work will either be paid in full or employees have the option to convert that overtime to paid time off. And apprentices completing training are assured of at least a one-year fixed-term period of employment. 
 
The three Bosch worksites are relatively new in Thuringia, with Bosch Solar only opening the massive cell and panel plant in Arnstadt a year ago. The agreement is a trendsetting pact within Germany&rsquo;s former eastern states and IG Metall deserves high accolades for achieving this milestone.

IG Metall Breaks New Ground with First Accord in German Solar Energy Sector

The ArcelorMittal Health and Safety Committee, created in June 2008 in a common effort by the company and unions to improve safety in ArcelorMittal, issued its first report of activities on 15 August called &ldquo;Together for Safety.&rdquo; The number of fatalities has declined since 2008, but remains unacceptably high in the company. 
 
In 2008, ArcelorMittal management and unions signed an agreement to create a Joint Health and Safety Committee to address the high number of fatalities in the company&rsquo;s units. The Committee is composed of representatives of the IMF, the European Metalworkers&rsquo; Federation, the United Steelworkers (USW), CNM-CUT, a mining area representative, and company Health and Safety representatives. 
 
On 15 August, the Joint Global Health and Safety Committee launched its first report, concluding it has had a positive impact on the number of fatalities, which it ascribes to good workplace cooperation between trade unions and management. 
 
Since its inception, the Committee has created local health and safety committees and made site visits in priority company sites in Kazakhstan, Brazil, Mexico, Czech Republic, Romania, South Africa, USA, Argentina, and Ukraine. During these visits, local union members and management met with committee members to review the local safety situation and develop a health and safety action plan. The committee has then arranged follow-up visits. 
 
The committee concludes that it has had a positive impact on the number of accidents in the workplace, especially fatalities, and helped reduce risk faced by workers. It has also helped to improve communication and cooperation between unions and management, locally and globally. 
 
The committee, however, also notes an increase in the number of fatalities in the last year &ndash; from 36 in 2009 to 41 in 2010, which is considered to be unacceptably high by both unions and management. 
 
There remain issues of dispute between unions and management. The company has publicised a set of &ldquo;Golden Rules&rdquo; for safety and associated actions, including penalties for violations, while unions fear that this violations policy will impede safety by dissuading workers to report about minor accidents and near misses, thereby creating a lazy safety management culture. 
 
There is also joint criticism of inconsistent responses to requests for health and safety training, and a deficient dialogue on the subject at some business units and work sites. 
 
The parties remain committed to the committee&rsquo;s work, and see the joint report and accompanying union and management statements as evidence for a working dialogue and commitment to building a positive workplace culture. 
 
The report, &ldquo;Together for Safety,&rdquo; has been issued in English, and will be published also in French, Spanish, German, and Portuguese. 
 
For further details, contact Joint Committee co-chair Rob Johnston at <a href="void(0);/*1316099350265*/">rjohnston@imfmetal.org</a>.

Common Efforts Input to Workers’ Safety at ArcelorMittal

Multi-stakeholder negotiations in Indonesia, bringing together major sportswear brands, key manufacturers and five unions &ndash; including ITGLWF affiliates SPN and Garteks &ndash; have cumulated in the signing of a protocol to protect trade union rights. 
 
The negotiations began in November 2009 following a major Play Fair campaign and a commitment by major sportswear brands to engage country-by-country with trade unions in order to agree concrete steps to bring about improvements to working conditions in the industry. 
 
The protocol, signed on 7 June, addresses the fact that unions in Indonesia&rsquo;s garment and footwear sectors are frequently denied the time and space they need to carry out their duties. The protocol outlaws all forms of anti-union discrimination and requires that a CBA, where none exist, be negotiated within six months. The agreement provides for the release of union officials from work duties in order to carry out their union activities; requires provision of adequate office, meeting and notice board space; gives unions the freedom to distribute information without interference; and commits signatory factories to facilitate a check-off system for collecting union dues. 
 
Initial signatories comprised multinational brands adidas, Nike and Puma, their key suppliers, and five Indonesian unions including SPN and Garteks. Playfair 2012 launched an action, exactly one year before the London 2012 Olympics, to encourage additional brands to commit to the protocol. The action was well supported and since then Pentland &ndash; owners of the Speedo brand, Asics, and New Balance have agreed to sign the protocol. 
 
Although implementation is in the embryonic stages, some steps have been taken to socialise the protocol. adidas have held workshops for their 58 Indonesian suppliers to inform them about the protocol and encourage them to agree to its provisions, and Nike have promised that all of their suppliers will know about the protocol by the end of October. ITGLWF affiliate Garteks report that the protocol has opened the door for them to negotiate a CBA and they have also seen their membership increase in that factory. 
The ITGLWF is urging all garment and footwear brands sourcing from Indonesia to sign the protocol.

Multi-Stakeholder Negotiations Lead to Garment Framework Agreement

Oil industry multinationals employ over 12,500 workers in the Meta Region of Colombia, mostly by outsourcing work to contractors. These precariously employed workers are subject to poverty wages, exhausting working hours including working 49 days consecutively, and other sub-standard working conditions, all in clear violation of Colombian law and international minimum standards. 
 
Colombian Senator Robledo has described the workstations of the Puerto Gait&aacute;n oil fields as more like concentration camps, with overcrowded tents, water shortages, malnutrition, unhygienic sanitation, and degrading treatment. Oil contractor Pacific Rubiales conducts a public disinformation campaign in which it describes trade union USO as &ldquo;armed criminals, forcing work stoppages&rdquo;. 
 
The fight back against this untenable situation began on 19 July with mass demonstrations and work stoppages in the Puerto Gait&aacute;n and Campo Rubiales installations. Protestors were met with violent police brutality. Key support and action has been supplied by ICEM affiliate Uni&oacute;n Sindical Obrera (USO), which traditionally has organised employees of Ecopetrol, Colombia&rsquo;s listed state-owned oil company. Along with Ecopetrol, the contractors employing the Meta region oil workers are providing services for Canadian-based Pacific Rubiales, and CEPCOLSA, a subsidiary of Spanish-based CEPSA. 
 
The explosion of mass protests moved the Colombian government, notoriously compliant in the repression of trade unions, to hold a tri-partite forum on 3 August, chaired by Vice-President Angelino Garz&oacute;n. The forum created nine working groups to assess the various issues over 15 days and reach conclusions leading to a settlement of the conflict. Unfortunately and predictably not one recommendation of the 15-day working groups has been enacted. Instead unions have been hit with fierce persecution. Contractors MR, Intricon, and Medell&iacute;n Electricians ended the employment of 70 workers who had been involved in the 19 July mobilisation. Another contractor Duflo SA instructed employees to cancel their union membership, under threat of dismissal. 
 
The failure to implement any of the roundtable recommendations was met with protest from the local Puerto Gait&aacute;n community, who blocked all major roads leading into the municipality on 19 August. The local community&rsquo;s discontent was then compounded when the oil companies began hiring new staff, without employing anybody locally. 
 
The Ministry of Social Protection claims to have made 162 visits to the region, but has never met with USO or with the outsourced workers, and has only met with high level company officials on a handful of occasions. In a clear indication of the government&rsquo;s allegiance, from September the administration of President Santos will deploy a military battalion to be stationed in the community, which will in fact have its military vehicles fuelled by the local multinationals. 
 
Pacific Rubiales posted annual profits of US$218 million in 2010. 
 
During this labour conflict, 4,000 workers joined USO en masse in the Meta region. In the past year, over 16,000 contract workers have joined USO throughout Colombia.

Colombian Oil Workers Fight Back Against Mass Persecution

The initial findings from a global survey of ITGLWF affiliates show that there has been a sharp increase in the use of Contract and Agency Labour in the textile, garment and leather sectors. 
 
In Cambodia, ITGLWF affiliates the Coalition of Cambodian Apparel Workers Democratic Union (C.CAWDU) and the National Independent Federation Textile Union of Cambodia (NIFTUC) believe that contract and agency workers now account for 41-45% of the garment workforce. They also report that workers on short term contracts are more likely to be forced to work overtime whilst also receiving remuneration and benefits of a standard lower than their permanent colleagues.&nbsp; The length of contracts has also changed dramatically in the last 12 months. Previously six-month contracts where the most common contract length for CAL workers however this has now decreased to three months, while some are as short as one month. 
 
In Kenya, there has been an even sharper increase in the use of contract and agency workers. In the last 12 months the Kenyan Shoe and Leather Workers Union (KSLWU) has recorded a 50% increase in the use of CAL.&nbsp; Joseph Bolo, General Secretary of the KSLWU outlines the union&rsquo;s reaction to these increases &ldquo;The footwear sector is now using outsourced firms to provide the bulk of their employees. We are already organising with such employers and have signed recognition agreements with two firms employing about 600 employees.&rdquo; 
 
In Faisalabad, Pakistan, two ITGLWF affiliates have reported a 37% increase in the use of contract labour in the last 12 months whilst in Malawi the Textile Garment Leather and Security Services Workers Union has recorded a 20% increase in the last year, nearly all of whom have been women. 
 
In fact, all respondents to date have indicated that it is women workers who make up the majority of contract workers. They also agree that contract workers are facing even greater levels of exploitation than permanent employees such as forced overtime, non-payment of the minimum wage, and no social security provision amongst other issues. 
 
Unions have also indicated that their ability to organise workers is fundamentally undermined by employers dismissing organised contract workers or failing to renew only the contracts of union members. Added to this the industry standard of intimidation and other forms of repressing freedom of association, unions report they are finding it extremely difficult to organise contract workers. 
 
The ITGLWF is continuing to collect data from affiliates in the Americas, Asia, and Africa on the use of Contract and Agency Labour and will publish the full findings in early 2012.

Sharp Spike in Use of Contract, Agency Labour in Textile, Garment, Leather Sectors

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French trade unionists employed at Lafarge last week began a hunger strike at the headquarters of the company in the Paris suburb of Saint-Cloud. Some 12 unionists from the company&rsquo;s Frangey cement plant near L&eacute;zinnes, L&rsquo;Yonne province, are protesting the company&rsquo;s decision to close that facility. (See <a href="/en/78-ICEM-InBrief/4466-French-Unions-Conduct-4-Hour-Strike-at-Lafarge-Today">prior ICEM report</a> here).&nbsp; 
 
Meanwhile, CFDT and CGT &ndash; the unions representing the 74 workers at Frangey &ndash; have continued today their stop-work actions at 14 French cement plants of Lafarge. The strikes started last week and were expected to escalate today. 
 
Lafarge announced on 25 May at an extraordinary Works Council meeting that it would close the Frangey plant in three stages between August 2011 and the end of 2012. The company said over-capacity, the small market the Frangey plant serves, and environmental considerations. 
<img alt="" src="" width="250" height="161" />
6 June Strike at Frangey
On Saturday, 24 September, the hunger strikers were on day five of their protest outside the Lafarge offices. They include the mayor of one of the small towns in the Burgundy region of France. The strikers are grouped in five small tents and were visited Friday and Saturday by a number of French politicians, including parliamentarian Nicolas Dupont-Aignan from l&rsquo;Essone department. 
 
&ldquo;I cannot stand to see businesses close and workers thrown out like dogs,&rdquo; he said, refuting Lafarge&rsquo;s reasons for closure. 
 
The CFDT delegate taking part in the hunger strike, Florent Gaden, said strikers will remain in front of the company&rsquo;s offices until the world&rsquo;s largest cement producer rescinds the closure. 
 
The Frangey cement plant does operate with proper environmental certification. It produces 300,000 tons of cement annually and has a system of cogeneration that serves 50% of the plant&rsquo;s energy needs.

Hunger Strikers Protest Lafarge’s French Cement Plant Closing

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Fraught by failed efforts in August to give contract workers their legitimate rights in the oilfields of south-central Colombia, Canada-based Pacific Rubiales Energy Corp. and the government of Juan Manuel Santos will get a second chance to rectify the low pay, horrid work conditions, and sub-standard working terms of contract workers. 
 
That came because ICEM affiliate Uni&oacute;n Sindical Obrera (USO) led 4,000 contract workers in Meta Department, Colombia, on a strike and blockade early last week that cut output of South America&rsquo;s third largest oil producer by 25%. The road blockades started on 18 September and continued until 21 September in rural areas near wells in the Rubiales and Quifa oilfields and in the city of Puerto Gaitan. 
<img alt="" src="" width="146" height="66" />
The strikes were violently broken up by 300 Colombia national riot police wielding batons and pitching tear gas. Police ordered a curfew for Puerto Gaitan. The strike, however, forced a tripartite agreement on 21 September between USO, the government&rsquo;s Interior minister, and Pacific Rubiales after six hours of talks. 
 
The protocol agreement calls for a permanent arbitration board to be set up in Bogot&aacute; to address the issues of irregular workers labouring in the oilfields. Those issues include regularisation of employment, better pay and working conditions, and the right to join a union and bargaining collectively. USO, once the representative of only workers at state-run Ecopetrol, has championed the rights of contract workers in Colombia&rsquo;s burgeoning oil sector. USO also is championing the re-hire of 800 contract workers who have been sacked in the recent past for trade union activity. 
<img alt="" src="" width="213" height="160" />
Last week&rsquo;s accord is not the first time that a tri-partite forum was set up to address and solve these issues. In August, Colombian Vice President Angelino Garz&oacute;n chaired a meeting in which nine tripartite working groups made recommendations for fairness and justice. None of the submitted recommendations by the working groups were accepted by contractors or by Ecopetrol, prompting last week&rsquo;s strike and blockades. 
 
USO is intent that poverty wages, exhausting work hours, and unlimited days of consecutive work disappear from the Colombian energy landscape. Several contractors along with Pacific Rubiales exploit irregular workers in the Llanos basin and other oil-rich basins of central and eastern Colombia. Pacific Rubiales, which owns Colombian oil company Meta Petroleum, operates oilfields in eastern Meta Department jointly with Ecopetrol and has been a magnet for labour unrest over the past several months. 
 
Two weeks ago, contract workers led by USO conducted similar strikes and blockades in Casanare department at the Corcel and Guatiquia upstream operations. Those facilities are run by another Canadian company, Petrominerales Ltd., which holds extensive Colombian production facilities both by itself and with Ecopetrol.

Colombia Oilfields: Government Must Now Address Contract Workers’ Issues

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