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Global worker No1 2022

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Bayo is the General Secretary of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).
How Prevalent is Contract and Agency Labour and Casualisation in Nigeria? 
 
CAL is increasing and alarmingly taking over Nigeria&rsquo;s Oil and Gas industries. It encompasses various dimensions of precarious work and the worst forms of employment. CAL gives room for unfair labour practices that are repugnant to decent work principles. About 60% of our workforce is now composed of contract and agency workers. Standard, permanent employment is declining. 
 
Is the Issue of Casualisation and Temporary Work Practices a Bigger Problem than it was Before? 
 
The issue is a bigger problem in the Nigeria Oil and Gas Sector now than it was before due to the fact that employers and the government&rsquo;s standpoint is that CAL is now a reality that cannot be wished away. This leaves trade unions with no other option than to tackle the adverse effects of CAL, which are: 
 
&bull; Use of this work practice to replace direct and permanent employment; 
&bull; To adversely change employment forms and conditions, to avoid social responsibilities and obligations which employers circumvent through gaps and inadequacies in our extant laws; 
&bull; To weaken trade union membership, solidarity and relevance, and to prevent union organising and recognition of the collective bargaining principle; 
&bull; It widens the exploitation gaps particularly by user enterprises who prefer to minimise cost and increase profit, at the expense and detriment of labour; 
&bull; It increases workplace discrimination and inequitable terms and conditions of employment; 
&bull; It seriously challenges trade union ability to protect job security; 
&bull; There are conflicts in the definition of employment relationships and the obligations of user enterprises, particularly where laws and employment regulatory agencies do not clarify these issues; 
&bull; And an underlying factor, casualisation and temporary work is a growing phenomenon due to the unemployment situation. Employers are exploiting workers&rsquo; desperation for a means of subsistence for their own profit mongering. 
 
 
What are Differences in Nigeria Regarding Working Conditions Between CAL Workers and Permanent Workers? 
 
Number one, casual and temporary workers are subjected to conditions that are not in accord with the general work conditions in the Oil and Gas Sector. Where CAL workers are lucky and are allowed to organise and bargain collectively, the mandate for negotiation of a collective bargaining agreement is seriously curtailed by the contracts between the contractors and agencies on the one side and by the primary enterprise on the other side. 
 
In addition, these workers are subject to limited or no provisions for basic welfare, pensions and social security, health, safety, security and environmental protection, and other stipulated core ILO conventions. And to cite just one small example, Global Framework Agreements that are signed with Global Union Federations, where functional, are not usually made available and applicable to contract and agency workers. 
 
Any set of negotiations in Nigeria that involves a collective agreement for these workers is prone to grievances, disputes, threats, resistance, and action from labour unions, contractors and agencies, and user enterprises. 
 
What are the Main Ways in which Trade Unions are Supporting Casual and Contract and Agency Labour Workers? 
 
It has become a priority to use union resources and machineries to mobilise support and confront the overall denial that contract and agency workers&rsquo; rights have not right to organise and bargain collectively. We are doing this through increases levels of sensitisation through mobilisations, campaigns, solidarity actions, protests, rallies, pickets, strikes, media work, mediation, conciliation, arbitration, and litigation. 
 
We now have the task of entrenching the more effective and protective organising and collective bargaining strategies for contract and agency workers, with financial and organisation support from our union&rsquo;s Union Solidarity Reserve fund, from organisations like the ICEM, Friedrich-Ebert Foundation of Germany, and the US Solidarity Center. 
 
We are constantly implementing union resolutions, directives, and decisions in the area of campaigns, lobbying, engagements, and advocacy for contract and agency workers&rsquo; issues. 
 
Which Ways Do You Feel the ICEM&rsquo;s Global Campaign on CAL can be Helpful and Most Effective in Confronting the Challenges of CAL in Nigeria&rsquo;s Oil and Gas Sector? 
 
The Global CAL Campaign of the ICEM must use donors&rsquo; resources and mechanisms to mobilise support and confront resistance to full rights of contract and agency workers to organise and bargain collectively. The ICEM must increase awareness of the CAL situation, by all possible means, and it must effectively implement the Campaign through communication, engagement and evaluation, and correcting deviations/gaps in the global campaign strategies. 
PENGASSAN&rsquo;s best hope is that the ICEM will carry out advocacy and lobbying for fair labour policies and laws which are favourable to contract and agency workers, as to campaign for best practices in dealing with employment and working conditions issues relating to this most serious issue.

Interview: Bayo Olowoshile, PENGASSAN General Secretary

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Last Spring, trade unions of the Netherlands and the Dutch Association of Temporary Work Agencies, Algemene Bond Uitzendondernemingen (ABU), agreed to an across-the-board 1% wage increase for all temporary workers in the country. 
 
An increase of 0.5% took effect on 5 July and a further 0.5% increase will be awarded on 3 January 2011. The 1% wage increase granted to the employees was based on the average of increases taken from a selection of 30 collective agreements in other sectors. 
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Marcel Nuyten, Director Temp Workers, FNV Bondgenoten
The agreement was reached between the ABU, the ICEM-affiliated FNV Bondgenoten and CNV Dienstenbond, the executives&rsquo; union, and LBV, an independent union. An agreement was also reached whereby wages may be increased every year on 1 July, amending the Collective Employment Agreement for Temporary Employees 2009 &ndash; 2014. 
 
The Collective Employment Agreement, which can be found <a href="http://www.abu.nl/abu2/?fileid=14231">here</a>, stipulates conditions which must apply to temporary agency workers, including the relationships between the worker, agency, and user enterprise; training entitlement; and the conditions under which temporary employment contracts may be terminated.

Dutch Unions Get Wage Increase with Employers’ Federation for Agency Workers

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While European trade unions on 29 September will manifest against government austerity programmes, German trade unions will use that day &ndash; and, and in fact, all of September and throughout the autumn &ndash; to oppose not only public-sector cuts but equally to vehemently condemn the ugly social dumping caused by the boom in temporary work. 
 
This stems from the DGB Congress last May, where the Congress made it a priority to campaign for equal pay, equal rights, and fixed probation periods before the exploited workers of the temporary sector are made permanent employees. Since that Congress, German unions have ramped up the political heat so much that the Christian-Democratic (CDU) Minister of Labour and Social Affairs, Ursula von der Leyen, has introduced a partial remedy in legislation that does address the downward spiral of wages brought on by more and more workers forced into temporary employment. 

But the legislation does not go far enough. 
 
Many of the major trade union affiliates of DGB, including IGBCE, IG Metall, and Ver.di, will emphasise this point in upcoming manifestations. The unions are also taking the issue into workplaces, both inside collective bargaining processes and at plant-gates in the form of protests. This month, IG Metall has introduced the &ldquo;equal pay for equal work&rdquo; principle in sector-wide negotiations in three German states. 
<img alt="" src="" width="202" height="101" />
DGB's Micheal Sommer
DGB President Michael Sommer said in the 6 September edition of newspaper Handelsblatt that German union members will abide by national laws prohibiting strikes over political issues, but &ldquo;workplace meetings and actions at plant gates&rdquo; to highlight temporary work as an abhorrent austerity measure in countering the financial crisis will occur. Sommer said this issue will also be heard loud and clear inside German work partnership structures as well. 
 
Von der Leyen&rsquo;s proposed legislation is called the &ldquo;Schlecker&rdquo; bill in reference to the large drug store chain that tried to sack all full-time workers and then re-hire them as contract employees at half their previous salaries. It would require &ldquo;equal pay for equal work&rdquo; to prevent wage dumping such as at Schlecker, with a fine of &euro;25,000 to offending businesses. 
 
But the legislation would fail to reverse the up-surge in temporary work because employers could still use short-term workers so long as they made equal payment for equal work. &ldquo;Schlecker&rdquo; also does not establish a time limit on when a temp worker must be made permanent, and it also does not include a set minimum wage for temporary workers, something that is a priority on the agenda of DGB and German unions. 
 
On average, temporary sector workers in Germany earn 30% less that full-time, permanent staff, DGB-affiliated unions have found.

Equal Rights for Temp Workers Becomes ‘Hot-Button’ in Germany

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The ICEM is very happy to announce the newly available Arabic version of its website. With almost 30 ICEM affiliates in Arabic-speaking countries, the new web pages are aimed at communicating our news and message to those members, as well as to the thousands of Arabic-speaking members of ICEM affiliates throughout the rest of the world. 
 
Prominent on the Arabic page is the campaign for fair labour legislation in Iraq. ICEM Executive Committee member Hashmeya Muhsen Al-Saadawi, President of the General Union of Electricity Workers and Technicians (GUEWT) continues to lead her union under constant government harassment. As reported by ICEM in July, the Electricians union&rsquo;s offices were shut and seized by the authorities on 20 July, under a ministerial order of the government.

ICEM Launches Arabic Website

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The military junta ruling Burma have handed employers increased powers in their efforts to eliminate trade union rights in the country. New legislation passed on 20 August will enable employers to sack any worker involved in industrial protest of any kind. The sacked workers will also be blacklisted. &ldquo;If they don&rsquo;t want to be jobless, they won&rsquo;t protest&rdquo; a military official was quoted as saying. 
 
Previously Burmese authorities have dealt with industrial action by imprisoning protest organizers. The change in tactic of the military government is said to be due to increasing criticism from the international community. Now it will be impossible for workers to conduct protests of any kind, for better rights or conditions. 
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The new law was decreed at a meeting in the capital Rangoon, and was drawn up by industry employers, government ministers and Burmese military officials. 
 
March 2010 saw workers&rsquo; protests, in industrial zones Shwe Pyi Thar, Taung Dagon and Hlaing Thayar, demanding time off during public holidays and increases in overtime pay and salaries. 
 
In March, workers at industries such as launched protests demanding employers give them time off during public holidays and increase their salaries and payments for working overtime hours. 
 
Burmese industrial workers earn between US$20-US$40 per month, far less than a living wage.

Burmese Junta Pass New Decree Banning Industrial Action

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The ICEM Asia-Pacific Region Oil and Gas Industry Network conducted a meeting on 21-22 August, in Ho Chi Minh City, Vietnam. The meeting was co-hosted by ICEM, FES, VGCL, and the Vietnam Oil and Gas Union. 
 
Mr Koyanagi, representative of JEC Rengo, ICEM&rsquo;s largest sector union in the region, was elected as Chairperson for the meeting. 
 
Keynote presentations were given by ICEM and fellow global union federation the International Transport Workers&rsquo; Federation (ITF). 
 
For ICEM Geneva, Director of Organisation Jim Catterson presented a broad and detailed overview of the state of the sector, touching on current and future/projected industry patterns, emphasizing the ICEM global sectoral meeting scheduled for Stavanger which started today. Catterson highlighted the ICEM/ITF collaboration on and around offshore oilrigs, aiming to achieve unionization &ldquo;from well to wheel&rdquo;. Focus was also on the impact of the 2008 Economic Crisis, the importance of the Caspian area, the expected resurgence of Iraqi oil production, the oil industry ICEM Global Framework Agreements, the growing role of China as an investor and user of oil and gas, and the problem of the growing gap between drilling technology and security and safety technology.
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For the ITF, Mick Doleman, representing the ITF&rsquo;s Offshore Taskforce Group, recalled the 2006 alliance between ITF and ICEM on offshore issues, and along the &ldquo;pit to the port&rdquo; chain. Mick also emphasized the focus of Australian unions in solidarity work in the sub- region, in Timor Leste and Papua New Guinea in particular, stressing the need for the building of strong and active trade unions. 
 
Delegates received country reports by Japan, India, Korea, Australia, Malaysia, Singapore, Taiwan, Thailand and Indonesia. 
 
The co-hosting Vietnam Oil and Gas Union presented themselves and the political context in which they operate, detailing union membership at 45,000-51,000 in the industry, at 129 workplaces. Current challenges faced by the union are growing use by employers of contract and agency labour (CAL); and union officials paid by management. 
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ICEM Asia-Pacific responded by recalling the developing contact with VO&amp;GU since 1993, now moving towards formal affiliation, and commended the detailed and structured report presented. 
 
There was a strong emphasis on the importance of solidarity and support amongst and between affiliates themselves. The value of regular sectoral meetings at the regional level was agreed, but the need for active information exchange and interaction between any such meetings was stressed. 
 
The meeting received motivation for two solidarity resolutions, on Linde Group&rsquo;s ongoing anti-union practices in Thailand, and in support of Los Mineros in Mexico, as well as one recommendation to the World Energy Conference. The three resolutions were unanimously accepted.

ICEM Asia-Pacific Region Oil and Gas Industry Network Meets

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The United Auto Workers (UAW) union became the eighth US trade union to join the Blue Green Alliance, a well-honed collaboration in place between major trade unions and major environmental groups in America. The announcement two weeks ago weds one of the US&rsquo;s founding industrial unions to a commitment to build cleaner and more fuel-efficient automobiles. 
 
&ldquo;We are thrilled to become part of this unique partnership of working people and environmentalists who are striving to build a cleaner, more efficient and more prosperous American economy,&rdquo; stated UAW President Bob King in the announcement that brought US auto industry labour into the alliance. &ldquo;We have enormous opportunities to revitalize this industry, and the American economy, by embracing the clean energy economy of the future.&rdquo; 
<img alt="" src="" width="100" height="141" />
UAW President, Bob King
The Blue Green Alliance started in 2006 between the United Steelworkers (USW) and the Sierra Club, and since has grown as a labor-environmental bond between leading American unions and both the Sierra Club and the Natural Resources Defense Council (NRDC). 
 
The Blue Green Alliance now has 8.5 million American workers pursuing Good Jobs, a Clean Environment, and a Green Economy. Besides the leading role the USW has taken in forming the alliance, other US-based unions include the Communications Workers of America (CWA), the Laborers' International Union of North America (LIUNA), Utility Workers Union of America (UWUA), the American Federation of Teachers (AFT), the Amalgamated Transit Union (ATU), the Service Employees&rsquo; Union (SEIU), and the Sheet Metal Workers' International Association (SMWIA).

American Auto Workers Join Blue Green Alliance

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ICEM&rsquo;s Canadian affiliate the Communications, Energy, Paperworkers (CEP) Union has lead the way in donating CA$30,000 to the relief efforts in flood hit Pakistan 
 
The CEP first donated CA$25,000 through its Humanity Fund, with the money going to Oxfam&rsquo;s emergency flood relief. The union followed with a second donation of CA$5,000. 
 
&ldquo;The need continues to be great in Pakistan and CEP members and their families have a proud tradition of helping those in need&rdquo; stated CEP President Dave Coles. 
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CEP President, Dave Coles
The CEP Humanity Fund is a member-supported fund that helps people facing disasters and poverty, promotes decent work and supports equitable development in Canada and around the world. 
 
In addition to the CEP&rsquo;s very generous flood relief contribution, thousands of workers at the Pakistan Steel Mills donated one day&rsquo;s salary to Prime Minister Syed Yousef Raza Gilani Flood Relief Fund. A leader of the Pakistan Steel People&rsquo;s Workers Union presented a check in the amount of Rs 15.5 million (US$180,000) to the Prime Minister in Islamabad. 
 
And workers of Pakistan Petroleum Ltd. donated a flat sum payment of Rs 20 million (US$233,000), plus one day&rsquo;s salary of management staff to the PM&rsquo;s Flood Relief Fund. It also sent large consignments of relief goods to flood-stricken areas. From Turkey, a freight train completely filled with relief goods was sent through a Turkey-Iran-Pakistan rail link in late August.

Canada’s CEP Donates $30,000 to Pakistan Emergency Flood Relief Effort

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A ten-day strike by the ICEM North American affiliate Teamsters Union against a subsidiary of Swiss-based Holcim ended 25-26 August when 130 union members at two branch locals ratified a three-year collective agreement with a 90% vote. 
 
The strike in the US state of Massachusetts was highlighted by Teamsters members from three other local branches blockading some 20 cement plants and terminals in Massachusetts and neighbouring New Hampshire. Those locals have contracts that expire in the future, making the show of support to truck drivers and plant operators of Locals 25 and 170 an exemplary example of solidarity. 
 
The strike and rolling actions came against Aggregate Industries, a wholly-owned Holcim subsidiary in the US and UK. 
<img src="" width="130" height="143" alt="" />
Secretary-Treasurer of Teamsters Local 25, Mark Harrington
The Secretary-Treasurer of Teamsters Local 25, Mark Harrington, described terms of the new agreement as satisfactory, with the union solidly protecting wages, pensions, and health care coverage, while compromising with American management over some work rules. 
 
&ldquo;The strategy worked,&rdquo; said Harrington. &ldquo;By extending picket lines we were able to impact the company economically.&rdquo; 
 
Harrington himself extended gratitude to Swiss trade union Unia for its intervention in the strike. He said company negotiators made note of that fact &ndash; with some surprise &ndash; at the US federal mediation session on 25 August that produced the settlement. The ICEM also intervened with Holcim during the strike. 
 
Teamsters Locals 42, 633, and another unit of Local 25 that has a different expiration date with Aggregate Industries not only honoured roving pickets at the company&rsquo;s New England operations, but members of those local branches joined the pickets. 
 
Regarding those solidarity actions, the ICEM considers it heroic deeds in defending and winning a new labour agreement because the Holcim subsidiary was readying the hire of replacement workers as its strategy to break the strike.

US Teamsters Union Settles Holcim Cement Strike in US

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Latin America&rsquo;s largest company by market value, Petrobras, was hit hard by a one-day warning strike on 3 September. Eighty percent of ICEM-affiliated Federa&ccedil;&atilde;o &Uacute;nica de dos Petroleiros&rsquo;s (FUP) 35,000 members shut refineries, distribution terminals, offshore platforms and rigs, and administration offices across Brazil last Friday in a stern message to the largely state-owned company that it will not be shortchanged in current negotiations. 
 
In a statement, the FUP umbrella grouping of unions &ndash; by far the largest at Petrobras &ndash; said workers&rsquo; intent was to &ldquo;interrupt the main operations, keeping only the essential activities operating for the maintenance and security of equipment.&rdquo; 
 
The union was angry that Petrobras had granted large bonuses to senior managers while negotiations were in progress, and then suddenly halting talks. 
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Some seven refineries in Brazil stopped producing, as did 30 offshore drilling platforms and countless other facilities. FUP is seeking the Brazilian inflation rate from September 2009 to August 2010, or 5%, and also seeks productivity pay totaling 10% for undertaking training and development programmes. 
 
The union federation also wants guaranteed safeguarding of labour standards and establishment of a national forum as a dialogue platform to discuss structural changes with management over health, safety, and the environment. 
 
The company&rsquo;s response to the warning strike was that it would conduct an &ldquo;open and transparent&rdquo; set of negotiations with workers&rsquo; representatives. 
 
The warning strike came on the same day that Petrobras announced it would conduct a massive stock offering in order to raise US$64.5 billion in capital funds.

FUP Launches Day-Long Warning Strike Against Petrobras

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