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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. 
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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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Australian building materials maker James Hardie Industries lost a tax appeal case in a courtroom on 1 September that likely will inhibit the troubled company&rsquo;s ability to make payments under terms of the Asbestos Injuries Compensation Fund. Under a mandatory agreement with the state government of New South Wales, Hardie must pay 35% of its annual cash flow to the fund. 
 
A federal court judge ruled last week that James Hardie owes back taxes to the government in the amount of A$357.4 million, plus interest, for dodging taxes in 1998 when it formally moved ownership of US subsidiaries out of Australia. 
 
The 1 September decision by a federal court judge in Australia, upholding a Taxation Office ruling from that 1998 case, means that Hardie will need a fresh infusion of money to meet its liability commitments to victims of asbestos and asbestos-related diseases, according to the Australian Manufacturing Workers Union (AMWU). Lawyers who represent victims also expressed fear that the company will completely default on immediate and future obligations. 
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The AMWU said prior to last week&rsquo;s ruling that if James Hardie were to win the appeal, it would demand that the A$275 million cash windfall due the company go directly to the compensation fund. The AMWU said James Hardie has not made a payment into the fund in 2009-2010, and the bottoming-out of the home-building market inside the global financial crisis seriously jeopardizes the compensation fund. 
 
The AMWU further states that victims&rsquo; claims average A$110 million per year, but that James Hardie has made sufficient profits only once in the past seven years to cover a full year&rsquo;s of liability. 
 
Last week&rsquo;s case involved the company&rsquo;s wholly-owned affiliate RCI Pty. using a tax avoidance scheme, as determined by the Tax Commissioner, for the purpose of the subsidiary gaining a tax benefit. 
 
One Australian press account said last week&rsquo;s verdict &ldquo;cements the reputation of James Hardie&rsquo;s board and management of the 1990s and early 2000s as putting more effort into minimizing liabilities than was good for the company. 
 
&ldquo;James Hardie has been mired in scandal after using legal arguments in 2004 to deny liability to pay asbestos compensation,&rdquo; said the press report. &ldquo;The furor over asbestos, which forced the company to resume responsibility, was prompted by a global restructure in 2001, which built on a 1998 restructure that is at the centre of the tax dispute.&rdquo;

Asbestos: James Hardie’s Failed Tax Appeal Clouds Victims’ Payments

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Bargaining again will be held in efforts to resolve the bitter 13-month strike between United Steelworkers (USW) Local 9508 in Voiseys Bay, Labrador, and Brazilian-based mining company Vale. Two days of talks will open on 19 September in the eastern Canadian province of Labrador/Newfoundland. 
 
Two previous days of negotiations on 19-20 July proved futile, with the company continuing its harsh push to lower the living standards of Canadian miners. Some 230 members of USW Local 9508 have been on picket lines at rich copper, nickel mines and port and processing plants in eastern Canada since 1 August 2009. 
 
The strike now exceeds, by 42 days, the 360-day strike brought on by Vale in its assault against 3,500 USW miners and nickel processing workers in Sudbury and Port Colborne, Ontario, which was settled with a compromise on 8 July but not without much bitterness lingering. 
 
In Voiseys Bay and remote Goose Bay, where many of the USW strikers are First Nation people, Vale is boasting that it is at or near full production by using scab replacement workers and contractors. The company displayed abominable social behaviour following public comments made by USW Local 9508 President Darren Cove after the break-down of the July talks. 
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USW Local 9508 President Darren Cove
Cove said Vale was treating Local 9508 members like second-class citizens because Vale refused to offer similar terms that ended the strike by USW Locals 6500 and 6200 in Sudbury and Port Colborne. Vale responded by filing a defamation lawsuit in Canadian courts against Cove for making that statement. 
 
Besides the 230 members of three bargaining units of Local 9508 on strike, 50 workers employed by Ushitou Maintenance have been on strike since 1 June 2010. These workers are also members of Local 9508, and perform electrical, pipefitting, instrumentation, and other functions for Vale at its Voiseys Bay operations. 
 
The ICEM reminds trade unions across the globe that the high-profile Canadian labour dispute with hugely profitable Vale will not be over until justice reaches the courageous Steelworker strikers of Labrador / Newfoundland Province.

Canadian Negotiations to Resume Between Vale, USW in Bitter Voiseys Bay Strike

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Grupo Mexico reacted with violence to a 20 August worker ballot at the Esqueda smelter in Sonora State, where workers voted to end the protection contract with a company union, and re-join Los Mineros Section 207. The Calder&oacute;n government again supplied the police units, who moved into the mine, aggressively intimidating workers. 
 
The police attack occurred on the morning of 31 August, when over 1,000 heavily armed federal and state units occupied the smelter and surrounding area. 
 
The company union was imposed on Esqueda&rsquo;s workers three years ago through the use of firings, threats, and repression. Roheri Cruz Sanchez, leader of Section 207, reports that the company union systematically ignored workers&rsquo; concerns, signed a &lsquo;protection&rsquo; collective agreement without consulting workers, and never even revealed the terms of the collective agreement to workers. 
 
Grupo Mexico has already begun sacking all of the workers involved in resisting the police siege. 
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&ldquo;This blatant act of repression clearly puts Grupo Mexico&rsquo;s anti-union vendetta ahead of the company&rsquo;s interest in having stable labor relations,&rdquo; declared Leo W. Gerard, USW international president. 
 
Following the international outcry over the violent police attack on Cananea&rsquo;s striking miners in February this year, the Calder&oacute;n government and Grupo Mexico&rsquo;s continuation of its brutal repression of workers&rsquo; rights is extremely concerning. 
 
As continuing efforts&nbsp;to free the trapped miners in Northern Chile have received special attention from the country&rsquo;s president Sebastian Pi&ntilde;era, Los Mineros renewed calls for a full governmental inquiry into the Pasta de Conchos mine disaster, 19 February 2006, which killed 65 miners. The decision to reissue the demand for justice for the 65 killed miners was taken by the National Executive Committee of the National Union of Mineworkers, known as Los Mineros, on 24 August. 
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Pasta de Conchos Widow
There has never been a criminal conviction over the Pasta de Conchos disaster, described by Los Mineros General Secretary Napole&oacute;n Gomez as &ldquo;industrial homicide&rdquo;. The parallels between the aftermath of the Chile mine collapse and that of Pasta de Conchos are striking, while national and local government came to the San Esteban Primera mine to support rescue efforts, Mexican presidents Fox and Calder&oacute;n have never appeared at Pasta de Conchos, neither has Germ&aacute;n Larrea CEO of Grupo Mexico. 
 
The most poignant difference in rescue efforts for Los Mineros and the families of the 65 dead miners at Pasta de Conchos, is that at the Chile mine accident the trapped workers were found seventeen days after the collapse of the mine shaft, while rescue efforts were halted after five days in Mexico, when families were only a few metres away from their trapped loved ones. As Grupo Mexico and the Mexican government halted rescue efforts, and disconnected the electricity making any continuation of the search impossible, they made it impossible to carry out a proper investigation into the cause of the mine collapse, believed by many to be illegal safety conditions in the mine. 
 
Sixty-three of the 65 mineworkers killed at Pasta de Conchos are still buried in the mine. Their widows and families have never been properly compensated.

ICEM Condemns Repression of Workers by Mexican Government, Grupo Mexico

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The ICEM affiliate, Turkish Electricity Authority of Cyprus Workers&rsquo; Trade Union (EL-SEN), conducted its General Assembly on 10 July 2010. The assembly was convened under the banner of anti-privatisation in the capital city Nicosia in central Cyprus. 
 
President Tuluy Kalyoncu was re-elected to continue as head of the trade union, with 171 votes, while a second candidate received 24 votes. 
 
The only candidate for General Secretary of EL-SEN, Huseyin Sonmezoglu, was re-elected to that position. The newly elected Executive Board will consist of Turgut Evlat, Ozan Alciner, Subhi Ozpasa, Ercan Koseoglu, Orhan Gurgoze, Ozgur Uzuner, Caglayan Cesurer, Toprak Altay, and Kamil Ozinal. 
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Bulent Erzeybek was elected as Assistant Secretary General, while Suphi Ozpasa was elected Financial Secretary, Ercan Koseoglu Education Secretary, Saffet Asiksoy Foreign Relations Secretary, Huseyin Korkmaz Organizing Secretary, Ozgur Uzuner Social Affairs Secretary, and Serhan Kayar was elected as Secretary of Propaganda. 
 
The General Assembly adopted four resolutions. Delegates resolved to struggle for peace and a solution to the Cyprus problem. Also prioritised was the need to continue education programmes for members. 
 
Delegates adopted a strong resolution against the government&rsquo;s moves toward privatisation of the Turkish Electricity Authority of Cyprus (KIB-TEK). Congress accused the government of misleading the public on the financial condition of the company. 
 
ICEM General Secretary Manfred Warda wrote to congratulate EL-SEN on its successful Congress.

Turkish-Cypriot Electricity Workers’ Take Stand Against Privatisation

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The ICEM-affiliated Mongolian union, the Federation of Energy, Geology and Mining Workers' Trade Unions (MEGM), hosted ICEM General Secretary Manfred Warda and Asia-Pacific Regional Contact Person Phee Jung-sun recently. 
 
Warda commended accelerated development in Mongolia over recent years, noting significantly improved infrastructure in the country. It is positive for the country that foreign investment has increased rapidly, and resource-rich Mongolia can benefit from such investment through exploration and development of gold mines and construction of power plants. Major investors are from Canada, China, and the US. 
 
MEGM President Gambold indicated that union members are facing new challenges through this period of foreign investment. Government and employers are attempting to change current labour laws toward creating a more &ldquo;flexible&rdquo; labour market in order to &ldquo;adapt to the global economy.&rdquo; 
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This means fewer restrictions on temporary work agencies, increasing the numbers of precarious jobs in the country. This is being countered by trade unions of Mongolia, which have created a new working group that will submit a counter proposal to the proposed legislation. 
 
The government is introducing a programme of privatisation of state-owned enterprises in the telecommunication and energy sectors. A number of major investment contracts with foreign companies are due to be signed during the second half of 2010. 
 
The ICEM, working with the local ILO office, the International Trade Union Confederation (ITUC), and other Global Union Federations, will be supplying technical assistance for these critical issues to be addressed, so as to build a firm foundation for sustainable development in Mongolia, in line with ILO international labour standards. 
 
The experiences in many Asian countries, notably Korea and Vietnam, on business contracts with foreign companies are that these foreign companies often demand long-term contracts that are unacceptable with respect to labour protections and profit sharing. 
 
&ldquo;It is my sincere hope and firm belief that Mongolian government should listen to opinions of social partners. Through social dialogue and consensus, the government can build the confidence and mutual faith,&rdquo; stated Warda.

ICEM Shores Up Support to Mongolian Affiliate to Combat Privatisation, Contract Labour

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Thailand&rsquo;s Tripartite Industrial Relations Committee (IRC) ruled that French-based Michelin has violated provisions of the Industrial Relations Act 1975, and ordered that management at the Laem Chabang tyre factory reinstate 12 activists &ndash; members of ICEM-affiliated Petroleum and Chemical Workers&rsquo; Federation (PCFT) &ndash; to their rightful jobs. 
 
The ruling was given on 24 June, but notification and official documentation of the unfair labour practices complaint did not come to the PCFT until 20 July. The12 had been unfairly discriminated against by Michelin since leading a two-month dispute and company lockout at the plant in March and April 2009. 
 
The 12 had been kept on Michelin&rsquo;s payroll, but were assigned to a government-run skills centre in efforts to keep them away from the 1,800-member workforce. They refused the assignments, citing violations of their rights. 
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Standing, center, Michelin plant-level PCFT President Thanakorn Somsin (fist raised) and Secretary Sommoi Prawai (on his left), together with founders of the PCFT branch union 
The IRC ruling orders Michelin to provide work inside the factory to the 12 in positions not lower than their previous postings, and to do so within ten days. 
 
The dispute started when Michelin, in March 2009, attempted to institute 35% wage cut to everyone at the Chonburi Province plant. A petition surfaced protesting the unilateral cuts and managers then punished workers who refused to remove their names from the petition by locking them out of the factory. After unionists blockaded the plant, some were jailed, while Michelin supervisors filed criminal complaints against the union organisers. 
 
Even though tri-partite negotiations produced a partial resolve on 28 April, including recognition of the newly-formed plant union as part of PCFT, Michelin continued to discriminate against union leaders. The recent IRC ruling means that all union activists should be legally reinstated. 
 
Some 700 workers at Laem Chabang have taken up PCFT membership. Michelin has a 90% stake in three Thai tyre plants, the PCFT-represented Phra Padaeng factory in Samut Prakarn, the non-unionised Nong Khae plant in Sarburi, and Laem Chabang. The Siam Cement Group owns the minority shares in the three tyre plants.

Thai Labour Court Orders 12 Michelin Union Activists Back to Work

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US public criticism against a CEO and against his company in the wake of the deadly West Virginia coal mine explosion on 5 April has triggered measures for better and tighter overall workplace safety standards in the US Congress. The proposals stand as the first significant overhaul to the Occupational Safety and Health Act (OSHA) in its 40-year history. 
 
A panel of the US House of Representatives&rsquo; Education and Labor Committee gave approval, with a 30-17 vote on 21 July, to HR 5663, the Miner Safety and Health Act. The proposed legislation would finally put teeth into America&rsquo;s federal safety and health statute, and comes at a time when the US public is angry over the arrogance and power exhibited by companies following job-place deaths and ecological disasters, like BP&rsquo;s Deepwater Horizon explosion and deaths in the Gulf of Mexico. 
 
The lightning rod for the tougher safety standards in the US continues to be Massey Energy and its CEO, Don Blankenship. It was at Massey&rsquo;s Upper Big Branch mine near Montcoal, West Virginia, on 5 April, that a methane gas blast killed 29 non-union miners in a colliery where workers were ignored when they spoke up against poor air quality. Blankenship has used the deaths, contemptibly, to argue for less oversight by the US Mine Safety and Health Administration (MSHA) and more reliance on business instincts in order to improve safety. 
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The proposed legislation is sweeping, and would lift the US statute to the level of some of the best safety laws in the world. OSHA violators could be charged with felony crimes, carrying heavy jail sentences and fines. It would grant expedited hearing, review, and protection in all-important whistle-blower cases, and it would give the US Labor Department&rsquo;s safety agency heightened power to shut unsafe workplaces. 
 
An existing but non-functioning &ldquo;pattern of violation&rdquo; status in the existing law would be given tougher enforcement mechanisms with strong penalties attached, and families and relatives of victims would receive more rights in the proposed legislation. 
 
Also in mining, workers would be given the undeniable right to refuse unsafe work and MSHA would have the power to shut down a mine without waiting for a company&rsquo;s appeals to exhaust, a common tactic used by Massey to continue production after safety violations are issued. At Upper Big Branch, Massey had been repeatedly cited for dust and ventilation problems, but the company&rsquo;s appeals caused penalties to be reduced and safety deficiencies to continue. 
 
Business and industry interests at the committee hearings in Washington, DC, opposed an updated OSHA, saying the proposed revisions are too much, too fast. 
 
That caused United Mine Workers of America (UMWA) President Cecil Roberts to say, &ldquo;If we&rsquo;re asking ourselves, &lsquo;Are we moving too fast?&rsquo; maybe we should ask ourselves if we&rsquo;re moving too slow, because miners keep dyin&rsquo; in our nation&rsquo;s coal mines.&rdquo; 
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UMWA President Cecil Roberts
The increase in US mining deaths to date in 2010 is markedly up, and on a pace not seen since the 1980s when US mining employment was half what it is now. So far in 2010, 40 miners have been killed, nearing the most recent record of 47 in 2006. 
 
Thirty-one of the 40 deaths have occurred at Massey collieries. On 1 July, an electrician was crushed to death by a coal-laden shuttle car inside Massey&rsquo;s non-union White Buck Coal Co. mine in West Virginia. And on 10 May, another miner was crushed between machinery and a longwall at Massey&rsquo;s non-union Ruby Energy mine, also in West Virginia. He died a week later in a hospital. 
 
Besides the BP disaster that occurred in American waters in the Gulf of Mexico on 20 April, killing 11 workers, the updated safety legislation is spurred by the 3 April explosion at Tesoro&rsquo;s oil refinery in the state of Washington that killed seven &ndash; all members of the United Steelworkers (USW) &ndash; and another explosion at a power station of Kleen Energy Systems in the state of Connecticut in February, killing six. These accidents raise among Americans a late-to-arrive consciousness that perhaps the cost of profits over people in a free society has come at too steep a price. 
 
The full US House of Representatives must now take up the safety bill, while the US Senate is standing back awaiting House action before it takes up the legislation.

Massey Arrogance Fuels Tougher Workplace Safety Standards for US

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Thanks to dogged persistence by ICEM affiliate Communications, Energy, Paperworkers (CEP) Union of Canada, the fate of the 133,000 barrel-per-day oil refinery Shell refinery in Montr&eacute;al is still open and subject to sale. Last week, following a second court injunction prohibiting dismantling of the refinery until 10 September, Shell announced it again would negotiate with the Delek Group of Israel over purchase of the refinery. 
 
At stake are the jobs of 500 workers represented by the CEP. In January 2010, Shell announced plans to radically restructure its global downstream operations, including closure of the Montr&eacute;al East refinery by 1 June. 
 
The Anglo-Dutch multinational said it would continue operating part of the site as a terminal and distribution centre for scores of Shell retail outlets scattered across Qu&eacute;bec and Canada&rsquo;s Maritime Provinces. Such continuance, however, would require only 30 workers. 
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The CEP and its Montr&eacute;al branch union, Local 121, has battled relentlessly to find a buyer, as well as to press provincial and federal authorities to keep the refinery operating. Shell rejected bids by potential operators last spring and union members believe Shell wants the refinery shut, with imported petroleum products distributed through the terminal. 
 
On 8 July, a Qu&eacute;bec Superior Court granted the union a ten-day injunction preventing any cannibalizing of the refinery. &ldquo;We believe that maintaining the equipment in good condition until we get satisfactory answers to our questions about offers to but the facility&rdquo; is in everybody&rsquo;s best interests, said Local 121 President Jean-Claude Rocheleau. 
 
On 16 July, that injunction was extended into September. Meanwhile, last week on 20 July, Shell stated at a federal parliamentary hearing of the House of Commons that it re-open talks with Delek, a holding company in which its wholly-owned subsidiary, US Holdings Inc., operates a crude pipeline, refinery, and hundreds of gasoline retail outlets in the southern US. 
 
Delek had been an earlier bidder for the refinery, but Shell rejected the bid as too low. The ICEM remains hopeful that CEP will succeed in achieving sale of the refinery, preserving jobs for the union&rsquo;s energy workers. Shell operates two smaller Canadian refineries, in Sarnia, Ontario, and in Edmonton, Alberta.

CEP Fights to Keep Shell’s Montréal Oil Refinery Operating

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