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The Australian Workers&rsquo; Union (AWU) won a definitive judgment from Fair Work Australia on 24 June that grants the union right of entry to lunch rooms at Rio Tinto&rsquo;s Alcan aluminum smelter in Bell Bay, Tasmania. The ruling ends months of legal wrangling and should serve as a precedent against employers from blocking legitimate union access to workers on job sites. 
 
On 1 July, marking the second anniversary of the Fair Work Act of 2009, which makes such access legitimate, AWU National Secretary Paul Howes and three AWU organizers triumphantly met with AWU members in lunch rooms at Alcan&rsquo;s Bell Bay smelter, breaking Rio Tinto&rsquo;s claim that such meetings had to in administrative areas, generally parts of worksites where surveillance and management intimidation is greater. 
 
The 550-worker Alcan smelter has been a test case in Australia over right of entry under a balanced Fair Work Act, a law that reversed many of the management rights provisions in the former Conservative government&rsquo;s WorkChoices Act. (See prior <a href="/en/78-ICEM-InBrief/4314-">ICEM Bell Bay article</a> here.) It also stands as a major crossing of a threshold that will lead to full enterprise bargaining between AWU and Alcan. 
 
The AWU, which counts a majority of Alcan workers at Bell Bay as members, also used this Fair Work Australia decision to re-boot an advertising campaign aimed at recruitment of non-union Rio workers to the union fold. The ad campaign, which first ran in March, states that process operators at other, unionized Australian aluminum plants, namely Alcoa&rsquo;s, are paid up to A$20,000 per year more than operators at Bell Bay. 
 
The AWU said it would use the decision to meet union members in similar surroundings at Alcan worksites in Gladstone (Boyne Island) and Yarwun, Queensland. 
<img alt="" src="" width="129" height="160" />
Paul Howes
&ldquo;Make no mistake, the bullies at Rio Tinto are losing the stranglehold they once had over their workforce,&rdquo; said Howes in an Australian newspaper report. &ldquo;The decision is highly symbolic of that, and I know it will be a crushing embarrassment for the company.&rdquo; 
 
That decision, FWA Case 3878, found Alcan&rsquo;s insistence on a conference room inside an administration building was not reasonable. It stated such meetings there meant workers had to travel 8-15 minutes longer from work stations, and this was insufficient time to meet with AWU representatives during average break times. 
 
Fair Work Australia&rsquo;s ruling also rejected Alcan&rsquo;s claim that the meal rooms closer to work areas were too small for such lawful meetings under the Fair Work Act and that worker-union discussions would disrupt other workers in the break areas. 
 
Rio Tinto Alcan said it disagrees with the decision, but this time will not appeal the Bell Bay right of entry ruling. The company said the AWU had made some 20 visits to meet with union members in conference rooms, and it made note of the fact that the 24 June ruling had found that the company did not intimidate or hinder workers from meeting with the AWU in the conference rooms. 
 
Australian Council of Trade Unions (ACTU) Secretary Jeff Lawrence said the Bell Bay decision &ldquo;sends a positive message to other employers that they must respect fundamental workers&rsquo; rights to collective bargaining and union membership.&rdquo;

Australia: AWU Wins Correct Access to Rio Tinto’s Alcan Smelter

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A tentative collective agreement was reached late in the evening on 19 June in New York City for 15,000 General Electric (GE) workers in the US. The proposed four-year accord came hours before a Sunday midnight expiration of a prior agreement for 11,000 of the 15,000 workers, represented by the United Electrical, Radio and Machine Workers of America (UE) and the International Union of Electronic Workers/ Communications Workers of America (IUE/CWA). 
 
Ten American unions have been bargaining with GE since 24 May as part of a joint union Coordinating Bargaining Council (CBC). The unions represent industrial workers who manufacture everything from jet airplane engines to locomotive train diesels to electrical appliances to small motors to lighting systems. Pension terms negotiated under the agreement will also apply to staff of NBC, the US television network owned by GE. 
 
Details of the proposed agreement will not be released until Thursday, 23 June, to allow the GE Conference Boards of the UE and IUE/CWA time to consider all provisions and make recommendations to their respective memberships. 
<img alt="" src="" width="100" height="128" />
UE President John Hovis
&ldquo;While the proposal contains important improvements and advances, it also contains certain disappointments,&rdquo; said President John Hovis of the UE, an ICEM affiliate. &ldquo;However, given the current economic climate overall, it&rsquo;s an agreement we can support.&rdquo; 
 
Breakthroughs came in bargaining on 18 June when GE negotiators increased its wage offer and withdrew unfair and additional payments on retirees for prescription drug coverage. Entering bargaining yesterday (19 June), the two sides were still grappling with issues related to a company Health Choice medical plan, a pension scheme for new hires, and regressive GE proposals to an early retirement option for workers. 
 
The CBC has representation from the UE, IUE/CWA, United Steelworkers (USW), International Association of Machinists &amp; Aerospace Workers (IAM), National Association of Broadcast Employees &amp; Technicians (NABET/CWA), the United Auto Workers (UAW), the International Federation of Professional and Technical Employees (IFPTE), the Electrical Workers (IBEW), Sheet Metal Workers Union (SMWIU), the United Association of Plumbing and Pipefitting Union (UA), and the Firemen &amp; Oilers division of the Service Employees Union (SEIU). 
 
The talks were national in scope for multiple local branch unions of the UE and IUE/CWA, while mostly single-site or single-unit bargaining was simultaneously occurring for the other unions although the entire CBC was at the large table in the New York talks. 
 
Messages of support (or congratulations) can still be given CBC negotiators by signing this IUE/CWA <a href="http://action.cwa-union.org/c/783/p/salsa/web/common/public/content?content_item_KEY=2601 ">Unity Petition</a>.

Tentative Pact Reached in US for 15,000 General Electric Workers

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A new update has been published by the ICEM of its PowerPoint presentation on &ldquo;Contract and Agency Labour and the ICEM CAL Campaign&rdquo;. This regularly updated presentation, which can be used by anyone, contains not only a considerable number of updated key statistics on Contract and Agency Labour and other forms of precarious work, including the ICEM&rsquo;s own statistics, but also a wide range of national and international &ldquo;best practice examples,&rdquo; highlighting, among other, what unions around the world have done successfully to counter the problem. 
 
The full-length English version of the <a href="/wp-content/migration/icem/11-05-19%20CAL%20ICEM%20PPT%20for%20website.2.ppt">presentation</a> can be found - and downloaded - here.

New ICEM CAL Facts and Figures Overview

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The Organisation for Economic Cooperation and Development (OECD) has adopted updated Guidelines for Multinational Companies. The new OECD Guidelines were adopted on 25 May at a signing ceremony led by US Secretary of State Hillary Clinton and attended by AFL-CIO and TUAC President Richard Trumka. 
 
The update contains a number of positive elements, including a chapter on Human Rights and the unequivocal application of the Guidelines to suppliers and other business relationships. The Trade Union Advisory Committee to the OECD (TUAC) statement on the update of the guidelines states: &ldquo;These elements significantly increase the relevance of the Guidelines and their potential to raise the standard of responsible business conduct in a global context. The success of the Update now depends on its prompt and full implementation both by adhering governments and by the OECD.&rdquo; 
 
The updated Guidelines have particular relevance to Contract and Agency Labour as the coverage extends to those &ldquo;in an employment relationship with the multinational enterprise.&rdquo; The commentary to Chapter Five on Employment and Industrial Relations clarifies that the terminology is consistent with that used in the ILO Multinational Enterprises&rsquo; Declaration and refers enterprises wishing to understand the scope of their responsibility under Chapter Five to the non-exhaustive list of employment relationship indicators set forth in ILO Recommendation 198 of 2006, paragraphs 13 (a) and (b). 
 
Paragraph 13 of R198 states that the indicators of the existence of an employment relationship might include: 
(a) the fact that the work: is carried out according to the instructions and under the control of another party; involves the integration of the worker in the organization of the enterprise; is performed solely or mainly for the benefit of another person; must be carried out personally by the worker; is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; is of a particular duration and has a certain continuity; requires the worker's availability; or involves the provision of tools, materials and machinery by the party requesting the work; 
 
(b) periodic payment of remuneration to the worker; the fact that such remuneration constitutes the worker's sole or principal source of income; provision of payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; or absence of financial risk for the worker. 
 
The <a href="http://www.oecd.org/dataoecd/43/29/48004323.pdf">OECD MNE Guidelines</a> are available here. 
 
The <a href="/wp-content/migration/icem/TUAC%20Statement%20on%20Revised%20OECD%20Guidelines.pdf">TUAC Statement</a> on the updated Guidelines is available here (PDF)

OECD Guidelines Positively Updated

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A plan of action to combat outsourcing in Latin America was agreed at the regional Contract and Agency Labour (CAL) seminar held in Mar del Plata, Argentina, 6-7 April. The seminar, organised by ICEM CAL Project Latin American Coordinators Rosane Sasse and Elias Soares-Pintado, was attended by 28 union leaders from Argentina, Ecuador, Brazil, Uruguay, Colombia, and Chile. 
 
The event began with participants presenting on the status of outsourcing in their own country. Colleagues from Ecuador shared the findings of research into the impact of legislation introduced by President Rafael Correa to ban the use of outsourcing. A number of participants mentioned how legislation in their countries is being abused and many expressed concern at the gap between law and practice. It was agreed that outsourcing has a detrimental impact in all countries, and that coordinated action is needed to stop its use. 
<img alt="" src="" width="101" height="110" />&nbsp;&nbsp;&nbsp;&nbsp; <img alt="" src="" width="113" height="110" />
Elias Soares-Pintado, Rosane Sasse
On 28 July, it was decided, all participating unions will launch an ongoing campaign against outsourcing in Colombia, Latin America, and the Caribbean. To coincide with this, participants will organise activities to raise workers&rsquo; awareness of the issues. 
 
A CAL network was established during the seminar, with each country nominating at least one representative. Representatives will exchange information about challenges and successes. 
 
A detailed plan of action against CAL was agreed, which includes: 
 
- The ICEM will approach Ministries of Labour in particular countries calling for recognition of CAL problems, for respect for trade unions and for concrete actions to be taken against CAL. 
 
- All unions, federations, and confederations should communicate the problems associated with outsourcing and begin a debate on CAL with their governments. 
 
- The ICEM will prepare documents on CAL for the Summit of the President of Latin American countries and the Andean Parliament. 
 
- When a new business is established, unions will immediately start a debate on how production is set out and whether CAL or permanent workers will be employed. 
 
CAL Americas network &ndash; list of representatives 
 
The list of representatives for the CAL Latin America Network includes: German Paplecino, SUTNA, and Marcelo Sotosca, STI Black River Gas, Argentina; Ricardo Rodrigues Vera, Fenatrapech, Chile; Moises Ochoa Berrocal, FENUPETROL, Peru; Walter Silva, CUOPYC, Uruguay; Marcelo Solozano, Link, Ecuador; Rodrigues Manuel Acevedo, SITRAPEQUIA, Costa Rica; Carlos Bustos Pati&ntilde;o, ICEM Project Coordinator, Colombia; and Elias Soares-Pintado, ICEM Project Coordinator, Brazil.

Latin America Seminar Agrees Regional Action Plan and Launches CAL network

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	Daniel Aguirre Piedrahita, the General Secretary of SINALCORTEROS, Colombia&rsquo;s Nation Union of Sugar Cane Cutters, was assassinated last Friday night, 27 April, as he accompanied his wife, Helena, to make a telephone call in their Casilda neighbourhood of Florida municipality, Valle del Cauca department in west-central Colombia.

	He was shot twice in the head by a cowardly assassin only 70 metres from his home. In a statement, SINALCORTEROS said the cold-blooded murder occurs in a continued context of violence and intolerance of trade union work in Colombia. It urged members and activists not to let this &ldquo;reprehensibly violent action torpedo our union&rdquo; and derail activities, but rather to &ldquo;reaffirm our actions and our mission.&rdquo;

	The government of Colombia did put out a statement early this week condemning the killing. Deputy Minister of Labour David Luna Sanchez said the ministry supports the Interior Ministry&rsquo;s Protection Unit director&rsquo;s call for an investigation to determine if the killing was related to union activity.

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

	Aguirre, 35, was a stalwart leader of sugar cane cutters and their fight to bust the chains of servitude inflicted by sugar mill employers who considered them self-employed independent contractors.

	He was instrumental in 2005 in forming SINALCORTEROS, now an affiliate of the International Food and Agricultural Workers&rsquo; Association (IUF), through strikes. He also led strikes of 18,000 sugar cane cutters in 2008 in both Valle del Cauca and Cauca departments that two years later resulted in collective agreements, labour pacts he instituted that in part made recruitment less cumbersome.

	More recently, he had been advocating revisions to Colombia&rsquo;s labour statutes to bring them up to ILO standards and he was a fierce opponent of the Free Trade Agreement with the US, something he felt would lead to exploitation of workers and the product that they harvested.

	Daniel Aguirre becomes the seventh Colombian trade unionist killed this year, and the 61st since Colombian President Juan Manuel Santos took office in August 2010. He is survived by his wife and three daughters, ages 14, 10 and 4.

	A <a href="http://www.rel-uita.org/internacional/ddhh/Rel-sinalcorteros_asesinato_daniel_aguirre.htm">letter of condolence</a> (in Spanish) from the IUF to SINALCORTEROS President Alfonso Viafara can be viewed here.

Coward Guns Down Colombian Sugar Cane Cutters’ General Secretary on 27 April

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	Warning strikes in German metalworking, engineering and electronic sectors will broaden beginning today with the break-down last week of third round bargaining between IG Metall and employers&rsquo; associations in several states.&nbsp; Upon expiration of a labour peace accord on 28 April, 2,500 German metalworkers began the warning strikes at select locations, taking creative and imaginative actions.

	Talks for 3.6 million German workers represented by IG Metall began in several states in late winter. Bargaining was stalemated in the last state talks, on 26 April, after employers put forth a less than satisfactory salary offer. They also refused to agree to union demands assuring full work guarantees for apprentices once their training tenures are over and more job rights for contract and agency workers.

	The offer put forward by employers&rsquo; association Gesamtmetall through its state chapters on 24 April was termed &ldquo;a provocation&rdquo; by IG Metall, thus causing mobilisation over the weekend when the peace accord expired. The proposal saw employers offering a 3% increase over 14 months, of through June 2013. The union is seeking a 6.5% pay rise over 12 months.

	<img alt="" src="" style="width: 216px;height: 160px" width="390" />

	The union&rsquo;s goal is based on a run-up in productivity development, as well as projected inflation in 2012 and 2013. Guaranteed opportunity for apprentices and contract workers is also based on the fact that Germany currently experiences a shortage of skilled workers.

	The 6.5% wage proposal is indicative of German industrial workers being the driving force in a nation that is Europe&rsquo;s biggest industrial power and strongest economy, with high pay and workers&rsquo; savings being the wellspring of that strength.

	Last weekend&rsquo;s warning strikes began on 28 April in the eastern city of Zwickau in Saxony state, where hundreds of young metalworkers conducted a motorcycle parade. Other demonstrations over the weekend occurred in Bavaria, Berlin, NorthRhine-Westphalia, and Nordenham in northern Germany, where workers from several plants held a protest and mass breakfast early on Sunday morning.

	In Ingolstadt in Bavaria, some 80 apprentices gathered the night before and flashed a light-projector against the wall of a factory expressing their demand for job guarantees. Workers from a TDK factory in Munich held a torchlight parade that same night, and autoworkers from a Daimler Mercedes-Benz plant in Rasiah, Baden-W&uuml;rttemberg state, protested on Sunday.

	&nbsp;&nbsp;<img alt="" src="" style="width: 272px;height: 160px" width="390" />&nbsp;&nbsp;

	The actions continued on 30 April with loud protests in cities and streets near a Daimler Mercedes-Benz factory in W&ouml;erth-am-Main in Rheinland-Pfalz, at a MAN diesel plant in Augsburg, in Baden-W&uuml;rttemberg in Bavaria, where lead talks will resume on 8 May.

	Yesterday on May Day in Hamburg, IG Metall President Berthold Huber pledged that the union will not be deterred from its agenda, and will bring the dispute into June if employers do not adhere to union demands. If upcoming talks do not produced the desired results, IG Metall is planning continuous strike actions commencing on 16 May.

	Besides a number of further warning actions today, mass demonstrations tomorrow, 3 May, are set at an Audi factory on Neckarsulm and a Porsche plant in Stuttgart. Some 900,000 of the 3.6 million workers affected are employed by Germany&rsquo;s primary auto-makers.

German Warning Strikes Begin in Metals, Electronics Sectors

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	ICEM Colombia Coordinator Carlos Bustos reports that a two-day seminar of young trade unionists from the three Global Union Federations (GUFs) that next month will form IndustriALL came to important conclusions last week. The participation of 20 trade unionists under the age of 30 brought young men and women together from throughout Colombia on 10-11 May.

	Participating unions included International Metalworkers&rsquo; Federation (IMF)affiliates Utramicol and Fetramecol, and Martina Sanguinetti of the Uruguayan Metalworkers (UNTMRA). Also participating were representatives of ICEM, and CUT and CTC national labour centres.

	The meeting sought to find ways to increase the active participation of youth. A key issue for participants was not for them to be consulted more, but to be centrally involved in decision-making and to be involved and represented at all levels inside unions. This includes deciding the politics and the future of the Colombian trade union movement.

	&nbsp;<img alt="" height="146" src="" width="180" />&nbsp;

	Carlos Bustos

	A commitment was reached to establish a permanent network for communication and information.

	The joint youth project of the three GUFs that also included the International Textile, Garment and Leather Workers&rsquo; Federation (ITGLWF) and was funded by the Finnish Solidarity Organisation, SASK. This project will connect similar processes that are ongoing in Brazil, Mexico, Uruguay, and Nicaragua with that in Colombia.

	ICEM project coordinator Patricio Sambonino evaluated the two-day Colombian seminar, saluting the important contribution and participation of the young trade unionists, moving towards generational change for the movement.

Young Colombian Trade Unionists of ICEM, ITGLWF, IMF Connect

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	The ICEM-affiliated Peruvian Federation of Mine and Metal Workers, FNTMMSP, achieved a significant legislative victory on 12 May that creates a pension fund for miners, funded by corporate profits and worker contributions.

	The law had been passed by the country&rsquo;s Senate nine months ago, but the government had not approved regulations for its implementation until now, two days prior to a planned two-day national strike.

	FNTMMSP General Secretary Luis Castillo announced the victory and called off the strike. The 75,000-member FNTMMSP had led the campaign for the last four years, against strong conservative forces in government and industry. The four-year campaign has included numerous mobilisations, marches, and three national strikes.

	<img alt="" src="" style="width: 342px;height: 154px" width="390">

	Supreme Decree DS 006-2012-TR sets out that the fund will be funded with 0.5% of the corporate annual income of the mining, metal, steel industries, plus 0.5% workers&rsquo; monthly gross salaries. The benefits cannot be used for any other benefit than miners&rsquo; pensions.

	FNTMMSP reports that the primary beneficiaries of the new law will be mine and metal workers from both primary employers and outsourced contractors.

	The mineworkers&rsquo; struggle now continues in other areas, including modification of the legislation on utilities.

	Peru is the world&rsquo;s second largest producer of copper and silver, and is a major producer of gold, zinc, and tin. A massive 60% of the country&rsquo;s export revenue comes from mining.

Peru’s Mineworkers Achieve Legislative Victory on Pensions, Avoid Strike

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	By the slimmest of vote margins, 2,000 UK petrol-tanker drivers represented by Unite the Union voted to accept a conciliation service&rsquo;s proposal, ending a months-long dispute between drivers and seven contract carriers involving work terms and conditions, including safety and subcontracting.

	The dispute, dating back to February, drove motorists into fuel-hoarding and panic-buying hysteria, mostly triggered by the over-reaction of Prime Minister David Cameron&rsquo;s government. The hysteria included a declaration that 1,400 British military personnel were being trained to deliver fuel oil to retail outlets as a strike precaution.

	An accumulated consultative ballot that was counted on 11 May found that 51% of the 69% of drivers who voted accepted the mediated proposal by UK&rsquo;s Advisory, Conciliation, and Mediation Services (ACAS) after eight days of non-stop bargaining. The vote was a re-ballot of one taken in March following concerns that some drivers were unable to vote.

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

	The ACAS-brokered agreement did introduce an industry-wide accreditation system called &ldquo;Passport,&rdquo; which must promptly be implemented to cover health, safety and training. One major concern to drivers was companies using sub-contract workers to deliver fuel, so creation of minimum industry-wide standards is expected to serve as deterrent.

	Unite warned that the overall narrow &ldquo;yes&rdquo; vote left no room for employer complacency. The union said the dispute uncovered deep-seated problems in UK&rsquo;s petrol supply, exacerbated by a mantra of &ldquo;profits before stability.&rdquo;

	&ldquo;This narrow vote in favour lifts the threat of strike action,&rdquo; said Unite Assistant General Secretary Diana Holland, &ldquo;but leaves the companies with no room for complacency. We look forward to the rapid implementation of the ACAS proposals which include an industry-wide &lsquo;Passport&rsquo;.&rdquo;

	Now, Unite, the seven oil companies, UK&rsquo;s Health and Safety Executive (HSE), and the Department for Energy, Environment and Climate Change &ndash; the government entity that threatened to break a strike with the military &ndash; must begin implementation of the &ldquo;Passport&rdquo; scheme by 1 June.

	The seven fuel distribution companies involved include the largest Hoyer, with 500 drivers, and Wincanton, DHL, BP, Norbert Dentressangle, JW Sucklings and Turners. Majorities of drivers at DHL, Wincanton, Hoyer, and Turners voted against the proposals, while those at BP, Norbert Dentressangle, and JW Sucklings voted in favour. The accumulated vote was 737 for, 711 against.

	The 2,000 drivers deliver 90% of UK&rsquo;s refined fuel oil products to thousands of retail petrol stations.

UK Truck Drivers Agree to Terms with Seven Fuel Distributing Companies

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