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For the second straight year, trade unions representing over a quarter of the 10,500 UK workers in publicly-traded electric and gas company National Grid have voted to take industrial action. Some 3,000 union members of Unite, Prospect, and Unison balloted overwhelmingly to take action short of a strike due to an inferior 2010 pay offer by National Grid. 
 
Following talks last week that saw the London-based company only reduce from three years to two its wage offerings, industrial action that would include work-to-rule and a ban on overtime could begin by month&rsquo;s end. The current dispute is the second year running that profitable National Grid has proposed wage hikes below UK&rsquo;s retail price increase. 
 
In 2009 pay talks, unionised National Grid workers balloted affirmatively for strike action, but labour and management agreed to a 1.3% increase before the industrial activity could begin. In talks this time, National Grid initially put forth a three-year pay offer of 2.5%, 2.25%, and 2.25%, still below inflation. 
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On 12 January, the company revised its pay proposal by offering a two-year deal of 2.5% and 2.25%, but continues to insist on certain conditions attached to the increases. The unions are seeking a one-year wage deal from 2010. 
 
In early January, the 750 mainly electrical transmissions workers that are represented by Unite the Union voted by 94% for industrial action. Grid system engineers, gas operations engineers, and field engineers, represented by Prospect and numbering 1,000, then voted by 95% for the overtime ban and work-to-rule, which means performing only the minimum level of work as specified in contracts. The 1,200 Unison members, mostly gas workers, also voted by a wide margin for industrial action. 
 
National Grid posted a 12% increase in pre-tax profits and shareholders saw an 8% increase in dividends in the first half of 2010. About the same period that unions were voting for industrial action, on 6 January UK energy regulator Ofgem levied a &pound;8 million fine on National Grid for reporting completion of gas pipe maintenance work that was imposed by the government&rsquo;s Health and Safety Executive (HSE). In fact, that maintenance work had never been done. 
 
It was the second big fine in two years by Ofgem against in National Grid. In 2009, the company agreed to pay a reduced a fine of &pound;15 million for misreporting maintenance work.

Three UK Unions on Verge of Industrial Action at National Grid

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In Australia on 5 January, the Tasmanian Supreme Court struck a blow to mining and metals giant Rio Tinto&rsquo;s and delivered a victory to workplace safety and health compliance. The court denied Rio&rsquo;s appeal to block a trade union from entering a worksite to meet with staff over health and safety issues. 
 
The company had filed the appeal with the state high court to prevent representatives of the Australian Workers&rsquo; Union (AWU) from meeting in a lunch area with aluminium workers at Rio Tinto/Alcan&rsquo;s Bell Bay smelter. The AWU represents some 600 workers at the 180,000-tonne-per-year aluminium smelter, located in Launceston in northern Tasmania. 
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In late November 2010, the AWU gave legal notification under the state&rsquo;s Workplace Health and Safety Act to Rio Tinto of its intent to enter break areas to &ldquo;discuss health and safety issues with workers during a meal or other break.&rdquo; Following the company&rsquo;s refusal, both Tasmania&rsquo;s Inspector of Workplace Standards and the state&rsquo;s Solicitor General determined that AWU had that right. 
 
But Rio Tinto appealed the Solicitor General&rsquo;s decision, only to have Tasmanian Supreme Court Justice Alan Blow deny the company&rsquo;s appeal. Within minutes of the judge&rsquo;s decision on 5 January, the AWU was on its way to meet with workers employed in an industry notoriously rife with respiratory hazards. 
 
AWU National Secretary Paul Howes criticised the company for attempting to use its power and money in its litigious way to stop independent health and safety oversight. The AWU &ldquo;has successfully fought what clearly looks like a conspiracy by (Rio Tinto) to act as if Australian workplace health laws do not exist,&rdquo; he said. 
 
The case hopefully will become a precedent for other Australian state inspectors to fulfil safety laws by allowing union representatives to discuss safety issues with workers in break room areas.

Court Tosses Rio’s Australian Appeal on Safety ‘Right-of-Access’

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The spate of horrid flooding in the Australian state of Queensland has brought out the best in Australian trade unionism. Nearly all unions have either dedicated money to one relief agency or another, with some setting up their own benevolent funds to assist those in need. 
 
The Mining and Energy Division of the Construction, Forestry, Mining, and Energy Union&rsquo;s (CFMEU) Central Council on 12 January authorised A$250,000 to help families caught up in the devastating Queensland floods. 
 
&ldquo;The donation is our first step in providing hands on relief,&rdquo; stated Energy and Mining General Secretary Andrew Vickers, who also serves as Chairman of ICEM&rsquo;s Mining Sector. &ldquo;Queensland and all of Australia will be affected by these floods as coal production grinds to a halt. The union will be there every step of the way supporting workers and communities.&rdquo; 
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The Queensland branch of the Australian Manufacturing Workers&rsquo; Union (AMWU) has established a fund and kick-started it with A$20,000 in seed money. The funds will go to the <a href="http://www.qld.gov.au/floods/donate.html ">Queensland Premier&rsquo;s Flood Relief Appeal</a>. 
 
&ldquo;This is an important way for our large union membership to show solidarity and make a positive difference to the devastated communities,&rdquo; said State Secretary Andrew Dettmer. &ldquo;The floods have had an impact on tens of thousands of AMWU members, their homes and workplaces in Rockhampton, Brisbane, Toowoombia, and throughout the south-east and Central Queensland. 
 
Donations to the AMWU fund can be made to: AMWU Disaster Appeal Account; Bank: NAB; BSB: 082 057; Account Number: 188 989 948. 
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As of last week, members of the Australian Workers&rsquo; Union (AWU) have collectively donated A$100,000 to the Queensland Premier&rsquo;s Flood Relief Appeal. In addition, the AWU federal office has contributed A$50,000 and the Victorian branch of the union also has donated. The AWU&rsquo;s Queensland branch office was closed for a week due to the floods, and only reopened today. 
 
The Maritime Union of Australia (MUA) has established the Australia Flood Appeal Fund, with both the national office and the Queensland branch each seeding A$5,000 into the fund. The MUA has many port workers and seamen affected since the Port of Brisbane was shut last week, with vessels directed out to sea. 
 
The MUA&rsquo;s Appeal Fund for international money transfers: MUA-General Fund; Bank: Maritime Mining and Power Credit Union, George Street, Haymarket, NSW 2000, Australia; BSB Number: 062-006; Account number: 10001 0464; CBA Swiftcode: CTBAAU2S.

Australian Unions Give Generously to Flood Relief in Country

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Industri Energi (IE), one of ICEM&rsquo;s Norwegian affiliates, announced opening of the nomination process for the Second Annual Arthur Svensson International Award for Trade Union Rights. The prestigious award comes with a cash prize of NOK 500,000 (&euro;65,000) and is awarded to a person or organisation for contributing greatly to promoting trade union rights and the strengthening of trade unionism on both international and national levels. 
 
Nominations are due by 1 March 2011, and can be made by Norwegian trade unions, by trade union affiliates associated with global unions, or the global unions themselves. A nomination must contain a solid justification for the candidate, make clear who is nominating the candidate, and spell out the nominator&rsquo;s relationship with the candidate. 
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Arthur Svensson
In 2010, Wellington Chibebe, the General Secretary of the Zimbabwe Congress of Trade Unions (ZCTU), was awarded the prize at IE&rsquo;s Congress in Oslo in October. (See the ICEM news article <a href="/en/78-ICEM-InBrief/4056-Zimbabwe’s-Wellington-Chibebe-Receives-First-Norwegian-Labour-Prize">here</a>.) The 2011 award winner will be announced on 16 June. 
 
The award is named after Arthur Svensson, a long-time leader of Norsk Kjemisk Forbund, the Norwegian Chemical Workers&rsquo; Association, which merged in 2006 with NOPEF to create IE. Svensson died in 2008, but left a legacy in Norway and beyond as a man who promoted global peace, disarmament, and a nuclear weapons-free world. 
 
He was also a driving force from his union leadership position in developing Norway&rsquo;s environment law, and a strong proponent of clean energy to drive clean industries. But first and foremost, he was a dedicated trade unionist, maintaining membership in LO-Norway for 61 years, the final 48 of those years with the Chemical Workers. 
 
Nominations can be e-mailed or faxed to Svensson Award Committee Chairperson <a href="http://liv.undheim@industrienergi.no">Liv Undheim</a>, fax no. +47 23 06 13 60. Further information on the award, in English, can be found <a href="/wp-content/migration/icem/1101.arthur%20svensson%20flyer%20EN.pdf ">here</a>.

Industri Energi’s Second Arthur Svensson Union Rights Award Opened

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Union members of United Steelworkers (USW) Local 9508 in the Canadian province of Labrador / Newfoundland last week voted by 80% to accept the recommendations of a government Industrial Inquiry Commission to end an 18-month strike and return to work. But the conciliatory move won&rsquo;t get the 124 copper and nickel miners any closer to their jobs. 
 
Their employer, Brazilian-based Vale rejects the report&rsquo;s recommendations out of hand, findings that were drawn up by a neutral commission the company actually embraced three months ago. 
 
The independent commission presented the two sides with its first report &ndash; recommendations to settle the dispute &ndash; at the end of 2010. The report&rsquo;s findings caused Vale to initiate a call to Local 9508 for resumption of bargaining, which occurred in remote Goose Bay, Labrador, on 5-6 January. But the company walked away from talks on the second day after disagreeing with the term length of a renewal agreement. 
 
In talks last October, just days before former provincial Premier Danny Willams established the commission, Vale sought a three-year term, while the USW wanted five years from the August 2009 expiry of the last agreement. In its report, the Industrial Inquiry Commission recommended four years. But in this month&rsquo;s Goose Bay talks, Vale changed its position, seeking a five-year term from the date of ratification, proposing a 31 January 2016 expiry. 
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The commission&rsquo;s report on collective bargaining issues does stand as a workable compromise. While it is critical of both sides for prolonging the strike, it cites the Steelworkers with already making &ldquo;significant&rdquo; compromises to end the dispute. The report recommends wage adjustments, a bonus plan based on Vale&rsquo;s Labrador operations, a back-to-work protocol, and sub-contracting rules. The commission does not have the power to impose a settlement, but it has urged both sides to accept the compromise or submit unresolved issues to binding arbitration. 
 
Most tellingly, however, the report states that Vale&rsquo;s use of scab workers during the strike is reason for the company&rsquo;s intransigence. &ldquo;It is apparent to the Commission that the Employer has an approach that does not contemplate compromise on any basis that might be acceptable to the Union.&rdquo; 
 
Vale &ldquo;maintains that it has a desire to conclude a collective agreement, buts its actions and reactions send the opposite message.&rdquo; The report also cites the company with circumventing &ldquo;a union&rsquo;s right to bargain on behalf of its membership.&rdquo; 
 
Vale is operating its eastern Canadian operations now at full production with the use of replacement workers. But nearly all of those scabs are working in excess of 60 hours per week, creating the obvious safety risks. The Industrial Inquiry Commission&rsquo;s second report will be issued in late February and it will address the integrity of Vale&rsquo;s Labrador operations, the strike&rsquo;s impact on rural communities, the reasons behind the strike, and Vale&rsquo;s international strategies to re-shape Canadian work-life. 
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USW Local 9508 President Darren Cove
The strike by USW Local 9508 began on 1 August 2009, and now has eclipsed by six months a parallel strike by 3,500 steelworkers in Ontario. That strike against Vale, in Sudbury and Port Colborne, went on for 50 weeks and ended on 7 July 2010. 
 
In total, Vale has forced 420 Local 9508 members into strike action in Voiseys Bay and other remote worksites of Labrador. Workers at three of Vale&rsquo;s contractors, including First Nation electrical and pipefitting firm Ushitou Maintenance and security and catering companies, are on strike due to the mining giant&rsquo;s recalcitrant positions. In addition, workers of a logistical transport company, Torngat, also represented by Local 9508, will see a collective agreement expire early in 2011. 
 
Local 9508 this week will call on new Labrador/Newfoundland Premier Kathy Dunderdale and Human Resources, Labour, and Employment Minister Darin King to intervene more assertively to resolve the strike. On Saturday, 15 January, the USW purchased a full-page advertisement in a province-wide newspaper the urgent need for further government action. 
 
&ldquo;It is now clear that Vale is the impediment to a fair settlement,&rdquo; said USW District Six Representative Boyd Bussey. &ldquo;It is also clear that, unless our government takes action to bring about a settlement, Vale will continue to use its scab workforce and prolong the hardship for our working families and communities.&rdquo;

Vale’s Arrogance to Eastern Canadian Miners, Communities, Government Continues

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Negotiations concluded in December between five Swedish unions, representing 540,000 industrial workers, and employers&rsquo; associations. The 14-month national agreements contain general 3% wage rises and run from next month, on 1 February, to 31 March 2013. 
 
The sector-wide pacts cover industrial workers in paper, chemicals, wood, graphics, iron, steel, engineering, food, and other manufacturing workers. In coming months, talks in the Swedish federal and local governmental sectors, retail, retail food, commercial, construction, and transportation sectors will get underway. 
 
The unions involved in late 2011 industrial talks include Pappers, IF Metall, Unionen, GS, the wood and graphics union, and the Swedish Food Workers&rsquo; Union (LIVS). 
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In general, the 3%, 14-month agreements represent fairness factoring in Sweden&rsquo;s jump in GDP last year, and the fact that technology exports grew by 21%. Many of the agreements contain work groups and funds to establish further staff training and development. 
 
IF Metall, representing some 170,000 workers in several sectors, approved agreements on 15 December, and Pappers did the same two days later. Unionen, representing 120,000 workers in many sectors, negotiated 0.2% on top of the 3% for professional development. The union represents white-collar, technical, engineering, administration, and other staff. 
 
Pappers took a major step closer to a June deadline in finalizing industry-wide language banning all social dumping concerning agency and precarious work. The other unions also made strides in limiting and regulating temporary and short-term work. 
 
Pappers also gained flexibility to allot 50% of the wage increase to the local level, with a set of criteria guiding local social dialogue in disbursing the funds, including promotions. The union and paper companies also agreed to press government over insufficient state aid for early intervention of occupational health risks, a force driving long-term illnesses. 
 
IF Metall and employer groups agreed in principle to begin work on contract language halting termination of workers during an economic downturn and rather providing re-training opportunities within the enterprise. 
 
IF Metall President Stefan L&ouml;fven said the agreements in his union&rsquo;s sectors &ldquo;provide opportunities for real wage increases in 2012 as well as maintaining the competiveness of Swedish industry.&rdquo; 
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Unionen President Cecilia Fahlberg
Unionen President Cecilia Fahlberg said, &ldquo;Each member is guaranteed a salary increase that allows for increased purchasing power.&rdquo;

Sweden’s Industrial Unions Negotiate 3% Pay Hikes for 540,000 Workers

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

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

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

Affiliates Reaffirm CAL Fight at 2nd Global Conference

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

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

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

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

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

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

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

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

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

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

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

CAW Members Victimized in Lockout by Caterpillar’s Rail Division

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The ICEM, as the global trade union federation representing 20 million workers in the mining, energy, chemicals, and materials industries, together with EMCEF, the European Mine, Chemical, Energy Workers&rsquo; Federation, are following with concern present discussions towards establishing a Free Trade Agreement between the European Union and Colombia. 
 
Free Trade Agreements represent opportunities to improve labour and human rights in more countries around the world, and can increase access to international markets for developing countries. An FTA between the European Union (EU) and Colombia would, however, symbolically endorse the appalling labour rights violations in the most dangerous country in the world for a trade unionist, and also significantly weaken the pressure on the Colombian government to fulfill its human rights obligations. 
 
The EU signing one of its very first FTAs with a government that has been so clearly complicit in the abuse of labour and human rights is an insult to workers everywhere, and to the core principles of freedom and justice. The effect of this FTA on Europe would be political, not economic, as only 0.3% of EU trade is with Colombia.&nbsp; 
 
Norway, and initially the US,&nbsp;blocked their own FTAs with Colombia, citing human and labour rights concerns. The EU must follow this example. 
 
It is important to note that Colombia is already bound by strong language requiring adherence to key UN and ILO human and trade union rights conventions, under the EU Generalised System of Preferences (GSP+). This agreement instructs the European Commission to mount an investigation and ultimately suspend GSP+ status where key UN and ILO rights conventions are breached. Disregarding repeated UN and ILO recommendations, the European Commission renews Colombia&rsquo;s GSP+ status without investigation. 
 
So replacing current &ldquo;binding&rdquo; labour standard provisions with weaker, &ldquo;non-binding&rdquo; provisions in an FTA is not reasonable. Labour rights in the FTA&rsquo;s Sustainable Development chapter are not subject to the FTA&rsquo;s dispute settlement mechanism. If Colombia were to breach a central clause on human rights, there would be no mechanism available to suspend the agreement. 
 
There have been 200 trade unionists killed in Colombia in the past three years, simply for exercising their basic rights. The murders are carried out by the army, police, and paramilitaries. Perpetrators are not being brought to justice, and are free continue to act 
 
with impunity. The death tally this year is already over 30. Activists are also silenced by imprisonment on false charges. 
 
The ICEM and EMCEF are absolutely opposed to the EU-Colombia FTA while our sisters and brothers in Colombia continue to be brutally murdered and violently intimidated. 
 
We support and will work closely together with all trade union initiatives of our affiliates all over the world. 
 
One source to take action against the EU-Colombia FTA, or to learn more about the situation facing workers in Colombia is <a href="http://www.justiceforcolombia.org/?link=3_0_3">Justice for Colombia</a>.

ICEM, EMCEF Totally Oppose EU-Colombia Free Trade Agreement

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