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The Geneva, Switzerland-based International Federation of Chemical, Energy, Mine, and General Workers&rsquo; Unions (ICEM) announces that it gives its unequivocal support to the 560 miners of US affiliated union, International Longshore &amp; Warehouse Union (ILWU), who were locked off their jobs by the Rio Tinto subsidiary, US Borax and Chemical Corp., on Sunday, 31 January. 
 
The workers were refused entry to the mine and processing plant in Boron, California, when they showed for their work shift at 06h00 on Sunday. 
 
&ldquo;We note that all 500 members of ILWU Local 30 voted against the company&rsquo;s contract proposal on Saturday night,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;This should have served as a message to Rio Tinto Minerals to continue negotiating, continue seeking the necessary compromises in order to achieve a mutually acceptable collective agreement.&rdquo; 
 
A prior contract expired on 4 November 2009. Management is seeking unprecedented changes to workers&rsquo; seniority, shift and overtime assignments, and the way in which promotions are made, as well as seeking unilaterally to impose flexibility changes that favour the company to the detriment of workers. 
 
The ICEM condemns the company for its announcement that it will continue production with replacement workers during the company-initiated lockout. The ICEM will use its role, as the leading Global Union Federation in the mining industry, to alert trade unions around the globe, particularly those representing Rio Tinto workers, of the lockout and urge them to take action on behalf of ILWU Local 30 in California. 
 
Borax, or sodium borate, is a mineral used in detergents, glass, building materials, and other uses such as an ingredient in chemicals. The ICEM represents 20 million workers worldwide that are part of 467 affiliated trade unions in 132 countries. 
The ICEM urges all affiliates and supporters to send their own letter to Rio Tinto, condemning the lockout.&nbsp; Click <a href="/index.php?id=5&amp;la=EN&amp;doc=3600">here</a> for a model, paste the text onto your letterhead, and send to Rio Tinto CEO Albanese at <a href="mailto:tom.albanese@riotinto.org">tom.albanese@riotinto.org</a>, copied to <a href="mailto:joe.drexler@icem.org">joe.drexler@icem.org</a> and <a href="mailto:info@ilwu.org">info@ilwu.org</a>.

ICEM Pledges Support to Locked-Out Rio Tinto Workers in US State of California

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The University of the West Indies, St. Augustine campus in Trinidad and Tobago, will hold a colourful afternoon event this Thursday, 11 March, in honour of International Women&rsquo;s Day. Entitled &ldquo;From One to Many: Techno-Politics, Revolution, and the Art of the Possible,&rdquo; the forum will be hosted by the university&rsquo;s Institute of Gender and Development Studies. 
 
It will feature three lectures, the final one &ndash; by Dr. Alexis DeVeaux of the US&rsquo;s University of Buffalo at SUNY &ndash; to be followed by a question and answer session. Dr. DeVeaux will speak on &ldquo;Audre Lorde and the Longing for Home(land).&rdquo; 

<img src="" width="150" height="139" alt="" />
Preceding her will be Dr. Gabrielle Jamela Hosein speaking on &ldquo;A Revolution is a Way of Life,&rdquo; and Sonitha Krishnan on &ldquo;Impassioned by Silence: Where Do I Begin.&rdquo; 
 
The forum has the support and endorsement of the ICEM affiliate on the Caribbean nation-islands, the Oilfields Workers&rsquo; Trade Union (OWTU).

Women’s Symposium to be Held in Trinidad and Tobago, 11 March

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The mining and maritime unions, under the umbrella of the Mining and Maritime Initiative, met in Los Angeles, California 16-17 February, to discuss ongoing global campaigns in the sector. The ICEM plays a central role in the initiative, with seven ICEM affiliates in attendance: CFMEU (Australia), ILWU, USW (USA), NUM, NUMSA, CEPPWAWU (South Africa), and Maden (Turkey). The International Metalworkers&rsquo; Federation (IMF) also attended. 
 
Meeting delegates discussed the struggles at <a href="/en/78-ICEM-InBrief/3607-Rio-Tinto-Engaged-in-Savage-Union-Busting-at-California-Borates-Mine">Rio Tinto in Boron California</a>, <a href="/en/78-ICEM-InBrief/3608-Cananea-Miners-Reject-Grupo-México-Severance;-Strike-Continues ">Grupo Mexico</a>, and <a href="/en/78-ICEM-InBrief/3589-Talks-Prove-Futile-in-Ending-Vale’s-Eastern-Canada-Mine-Strike ">Vale Inco</a>, and the global campaigns around these disputes, led in part by the ICEM, as each conflict involves ICEM affiliates. 

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The meeting issued a statement on the violations of worker rights in Boron California by Rio Tinto and by Grupo Mexico and the Mexican Government. View the statement here. Many of the unions involved in Mining and Maritime have had conflicts with Rio Tinto in the past, and stand in strong solidarity with the members of ILWU 30, who have been locked out by the company, as they refuse an extremely concessionary contract. The unions present pledged to &ldquo;escalate the campaigns in defence of workers at Rio Tinto and Grupo Mexico immediately, dramatically and strategically to make them global battles&rdquo;. 
 
A Campaign Committee was created, which includes ICEM Director of Industry and Corporate Affairs Joe Drexler. 

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Meeting delegates then attended a large march and rally in support of the Rio Tinto miners in Boron. The participation of Maden, the main mining union in Turkey, was of special significance, since Rio Tinto uses the state-owned Turkish mining company as a supplier to its customers. Maden is a strong supporter of the Boron strikers.

Mining, Maritime Unions Meet

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The Kumho Tyre Workers&rsquo; Union announced last Thursday 4 March that they will launch a general strike on 16 March, in response to the company&rsquo;s announcement of a massive layoff plan, which saw 1,200, of the total 5,000, workers receive redundancy notices. 
 
The 1,200 workers to lose their jobs were told they will be laid off on 2 April under the restructuring plan; however the management has said that 1,000 of those will be rehired by outsourced contractors, at the factories in Gwangju. 
 
The parent company of Kumho Tyres, Kumho Asiana Group, is close to bankruptcy due to the failure of their subsidiary Daewoo Engineering and Construction Co. which they purchased in 2006. These economic conditions will be used to the advantage of Kumho Tyres, as they seek to outsource their workforce to precarious employment, and move production to China where production costs are lower. 

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The Kumho Tyre Workers&rsquo; Union, which is through the Korean Metal Workers&rsquo; Union (KMWU), affiliated to the Korean Confederation of Trade Unions (KCTU), sought to negotiate with management to avoid job losses. The union leaders offered management the chance to reduce salaries and bonuses, with management refusing the offer. 
 
A state arbitrator has stepped in to negotiate a settlement. If either of the two parties refuses the final settlement of this committee, workers are legally permitted to strike. The Tyre Workers&rsquo; Union has pledged its willingness to negotiate with management to find a solution, but has said that it is ready to fight should management continue its unreasonable stance. 
 
The KCTU has pledged its full support to the Kumho Tyre workers.

Korean Tyre Workers Plan General Strike in Reaction to Job Cuts

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ICEM&rsquo;s Spanish affiliates in the Chemicals industry have agreed a renewal of the&nbsp;collective agreement for the sector. The previous agreement expired in December 2009. The agreement, signed 9 February by ICEM affiliates FITEQA-CC.OO. and FIA-UGT, was described by CC.OO.&rsquo;s Communications Officer Fernando Lezcano, as a model to be followed by others in overcoming the financial crisis. 
 
The Agreement will be valid for three years, from 1 January 2010 to 31 December 2012. 
 
The economic and financial crisis caused the loss of 1.5 million jobs in Spain over the last 18 months, making negotiations between business and trade unions more significant. Spain is now in its seventh consecutive quarter of recession and unemployment is at 4 million for the first time in Spain&rsquo;s history. 
<img alt="" src="" width="130" height="131" />&nbsp;&nbsp;&nbsp; <img alt="" src="" width="155" height="126" />
The unions accepted the limitations of what could be achieved in the negotiations, but prioritised commitments on job stability and changes that would stop the rise of precarious work. The new agreement recommends that local collective agreements place emphasis on permanent jobs and a reduction of temporary work. Also equal opportunities for women and young people must be prioritised. These issues will be continually negotiated on during the period of the agreement, in the newly-created Follow-up Committee. 
 
Factors such as re-distribution of work, shorter working hours, and a program of partial retirement along with replacement contracts, are seen as important tools to avoid redundancies. 
 
Wage policies for the next three years were agreed by the trade unions and employers&rsquo; organizations, raising salaries by 2.5% over the three years of the agreement.

Spain: Renewed Collective Agreement for the Chemicals Sector

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The world&rsquo;s biggest steelmaker announced to workers and trade unions at its December European Works Council (EWC) that the company likely will continue to reduce its global workforce in 2010. Trade union projections suggest that ArcelorMittal plans to cut some 10,000 jobs, or 3.5% of its total global workforce, as the company seeks cost savings of US$500 million. 
 
Arcelor Mittal currently employs 285,300 people worldwide. The Luxembourg-based company aims to regain lost market share. Company spokesman Bill Steers told the EWC at a plenary meeting on 9 December that &ldquo;global workforce reductions [will be] due mainly to natural attrition and optimisation of production.&rdquo; 

<img src="" width="100" height="95" alt="" />
The company has said that most of the cuts will affect US and Europe, where its growth potential is limited. ArcelorMittal workers in South Africa were relieved to be told that the announcement of 10,000 job losses would not affect them. Some of ArcelorMittal's facilities in the U.S. and South America are struggling, particularly those producing flat rolled steel for the auto industry. 
 
Dave McCall, District 1 director for the ICEM-affiliated United Steelworkers (USW), said the union did not expect mass job cuts in the US, as demand there is picking up some in the wake of the financial crisis. 
 
Overall, demand for steel is rising again, after most steelmakers took a major hit in 2009 and were forced to cut their production in response to a slump in demand. ArcelorMittal has put a bid down on Zimbabwe's Zisco; it has invested in a mill in India; and is looking at further Brazilian operations to match iron-ore supplies there. The company has operations in 60 countries around the world. 
 
The cuts are expected to affect workers who were temporarily laid off at plants idled last year. 
 
The company had originally planned to eliminate 9,000 positions in its administrative and commercial functions during 2009, but ended up cutting 36,000 jobs, of which 50 percent were in Europe.

ArcelorMittal to Cut 10,000 Jobs This Year

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While the campaign for retention of coal-mining jobs and a fair contract by the Construction, Forestry, Mining, and Energy Union (CFMEU) with Xstrata in Australia continues, another union is resisting proposed mining and metallurgical job cuts by the Anglo-Swiss mining house. 
 
In North America, the Canadian Auto Workers (CAW) launched a campaign in northern Ontario in mid-December to preserve 676 copper and nickel smelting and refining jobs at Xstrata&rsquo;s Kidd Creek metallurgical plants in Timmons, Ontario. The company announced on 8 December that it was permanently shuttering a smelter and refinery, effective 1 May 2010, thus heaping further economic havoc on a region already beset by job losses and a strike. 

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The proposed job losses come on top of 725 mineworker layoffs by Xstrata in February 2009, when it temporarily shut three mines in the region. CAW Local 598 of Sudbury, Ontario, which is currently engaged in negotiations with Xstrata Nickel toward a 1 February contract expiration, has made recall of those jobs its number one bargaining table priority. 
 
In Timmons, CAW Local 599 has started a public campaign aimed at drawing business and government pressure on Xstrata Copper Canada to reverse the Kidd Creek closure. A major part of the campaign is aimed at the federal government, which, the union contends, must protect Canadian jobs as part of the C$19 billion sale of these former Falconbridge assets to Xstrata in 2006. 
 
That issue is similar to one included in the campaign by the United Steelworkers (USW) in its strike against Brazilian Vale. The CAW has supported USW Local 6500 on picket lines and with financial support in its current six-month strike against Vale, and it has also joined USW in calling on the Canadian Parliament to enact legislation that would give transparency to deals made under the Investment Canada Act. 
 
In the corporate takeovers of both Vale buying Inco and Xstrata paying a premium to get Canadian-based Falconbridge, many details between the federal government and the foreign mining houses were kept secret, and the job-slashing now &ndash; the unions feel &ndash; could have been prevented had more disclosure come in 2006. 
 
CAW Local 599 is pursuing an aggressive petition campaign calling for both retention of the Kidd Creek facility and for government action on the proposed job cuts. Visit the union&rsquo;s website <a href="http://www.caw599.ca">here</a> to learn more and to join the petition. 

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In Australia, CFMEU&rsquo;s campaign against Xstrata in New South Wales on redundancies and lack of a current enterprise agreement continues. Last summer, Xstrata announced it was cutting 180 coal-mining jobs at two collieries, Tahmoor and Ulan. 
 
The union has been engaged in lawful industrial actions at Tahmoor over the past several months (see past ICEM coverage <a href="/en/78-ICEM-InBrief/">here</a> and <a href="/en/78-ICEM-InBrief/">here</a>), with miners conducting a march through Tahmoor on 21 December to coincide with a 24-hour work stoppage. Other industrial actions included the refusal to load coal on to trains for shipment to Port Kembla. 
 
Early in the new year, the industrial actions were halted so coal could be loaded on to trains and eventually shipped to German steelmaker ZKS. That request came from metalworkers in Germany due to low inventories and in order to keep operations at ZKS in production. 
See the CFMEU's campaign website <a href="http://www.xstratafacts.com/">here</a>.

Mine Unions in Australia, Canada Reject Xstrata’s Job Cuts

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At a press conference on 8 January in Mexico City, during an ICEM North American Regional Coordinating Committee meeting there, Canadian and US ICEM leaders denounced the Mexican government of Felipe Calder&oacute;n Hinojosa&rsquo;s anti-union conduct in dissolving the Mexican Electrical Workers&rsquo; Union (SME) and its continuing persecution of the National Miners&rsquo; and Metalworkers&rsquo; Union (SNTMMSRM, or Los Mineros) and its General Secretary Napole&oacute;n G&oacute;mez Urrutia. 
 
The regional forum, led by ICEM North American Vice Presidents Ken Neumann of the United Steelworkers (USW) and Dave Coles of the Communications, Energy, Paperworkers (CEP) Union of Canada, stressed that the repressive tactics heaped upon trade unions by the Calder&oacute;n government is an affront to human rights and that these actions will receive world-wide attention. 

<img alt="" src="" width="261" height="196" />
ICEM North American leaders at press conference 
The North American ICEM leaders also said the anti-union policies subject millions of Mexican workers to poverty. They also called attention to Mexican trade union leaders like Los Mineros&rsquo;s Juan Linares Mont&uacute;far who have been jailed for their legitimate union activities. The press conference was attended by members of Los Mineros, by several ICEM North American delegates, and by ICEM&rsquo;s Director of Industry and Corporate Affairs Joe Drexler. 
 
Napole&oacute;n G&oacute;mez himself has escaped jail in Mexico by fleeing to Canada, with the Mexican government now seeking his extradition. 

<img alt="" src="" width="120" height="145" />
Neumann, the USW&rsquo;s National Director for Canada, said that there is evidence that the charges against Napole&oacute;n G&oacute;mez are unfounded and purely an invention by the Mexican government in sync with the mining company, Grupo M&eacute;xico. &ldquo;Mexico is a NAFTA partner with Canada and the United States and we will not sit back and allow these repressions to occur,&rdquo; said Neumann. 
 
On 10 October 2009, the Calder&oacute;n government swept in with federal agents and armed police to shut down the country&rsquo;s second largest utility, the Mexico City regional Luz y Fuerza del Centro (LyFC), or Central Light and Power. Calder&oacute;n used an executive decree to merge the electric power distributor with the Federal Electricity Commission and to disband the 95-year-old and 60,000-member SME. 
 
The North American ICEM representatives condemned the government for not proceeding through legal channels if it suspected there were misdeeds inside the utility.

ICEM North Americans Use Mexican City Press to Condemn Calderón’s Labour Policies

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On 14 December 2009, the Supreme Court of Namibia struck down a two-year-old government law that banned labour hire agencies. In a unanimous, five-judge decision, the court said that government must first try to regulate irregular work imposed by labour hire firms before imposing a ban on them. 
 
The court&rsquo;s decision also cited the law as unconstitutional because it fails to protect the right to practice &ldquo;occupation, trade or business.&rdquo; In 20-year-old Namibia, images of an entrenched contract labour system through apartheid are recent, and this labour issue has both the emotions and the memories to make it a leading story in all of Africa. 
 
The Supreme Court itself called it &ldquo;an emotive and politically charged&rdquo; issue, and both opponents and proponents of agency labour expressed sharp differences on the court&rsquo;s ruling. 
 
The decision was the second time within a year that the High Court in Namibia has taken up the case. It had earlier upheld the ban on labour hire agencies, contained inside Section 128 of the 2007 Labour Act. But Namibia&rsquo;s largest temporary employment agency, Africa Personnel Services (APS), appealed the constitutionality of this section of the labour code on the eve of it taking effect. The 14 December ruling overturns the High Court&rsquo;s earlier decision, and now places responsibility on the government and civil society to implement stringent regulatory measures on the operations of labour agencies. 
The head of the Namibia Employers&rsquo; Federation, Tim Parkhouse, heralded the court&rsquo;s decision, calling it an investment attraction. 

<img src="" width="133" height="133" alt="" />
But the National Union of Namibian Workers (NUNW) reacted angrily to the court&rsquo;s decision, while Minister of Labour and Social Welfare, Immanuel Ngatjizeko, said that although the government must abide by the decision, he pledged the government of President Hifikepunye Pohamba will not allow the labour-hire system to continue in its current form. 
 
Ngatjiseko, in a Windhoek newspaper, said: &ldquo;It is ironic that a provision of the Namibia Constitution that was intended to eradicate apartheid practices that subjected black workers to the injustice and humiliation of job reservation, influx control and the like has now been interpreted to turn a blind eye to commercial arrangements for the rental of human labour in order to avoid the protections afforded to workers by the labour laws.&rdquo; 
 
Ngatjiseko said the current system in Namibia, where labour hire firms are allowed to employ people who then provide these people to clients, is exploitative and reminiscent of the apartheid contract labour system because workers in Namibia with few or no other options for gainful employment fall into the clutches of labour agencies. 
 
The NUNW, linked in history with the ruling South West African People&rsquo;s Organisation (SWAPO) 
political party and a union itself banned in the pre-Namibia days of the 1970s and 1980s because it dared to challenge the apartheid labour system, was more blunt in its assessment of the court&rsquo;s decision. &ldquo;We firmly believe that one cannot regulate slavery and thereby give it a human face,&rdquo; said the federation. 

<img src="" width="146" height="66" alt="" />
The court&rsquo;s decision last month provoked wide opinions, proving again the intensity of the labour hire issue inside Namibia and in all of Africa. 
 
The New Era, a Windhoek publication, predicted, &ldquo;There is no denying that labour hire is a niece of the contract labour system that we have supposedly got rid, but when weak regulations are approved, the Supreme Court would be left with no choice but to stick to what is lawful on paper.&rdquo; 
 
An editorial in The Namibian, another Windhoek newspaper, stated, &ldquo;The principal of labour hire may be an important one, especially in a country with a very high unemployment rate, but it cannot be allowed to perpetuate exploitation of workers to the benefit of middlemen; to provide ways around employer adherence to the Labour Code; and to shut out unions.&rdquo; 
 
On 5 July 2007, the country&rsquo;s National Assembly passed an amendment to the labour code stating that &ldquo;no person may, for reward, employ any person with a view to making that person available to a third party to perform work for the third party.&rdquo; The law was to take effect on 1 March 2009. But on 27 February, the High Court suspended implementation of the law to hear APS&rsquo;s appeal.

Namibian Supreme Court Strikes Down Labour Hire Bill

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The struggle continues for trade union rights for contract workers at Colombia&rsquo;s vast mining complex, Carbones del Cerrej&oacute;n. ICEM mining affiliate Sintracarb&oacute;n has been fighting to organize the contract workers at the mine. 
 
Following the successful organization of mechanics and machinists of the company Chaneme at Cerrej&oacute;n in November (see InBrief No. 144 <a href="/en/78-ICEM-InBrief/">here</a>), the new union Sintrachaneme was formed and recognized by Chaneme. Since, the company has refused to discuss even the slightest improvements to salaries and working conditions with either Sintrachaneme or Sintracarb&oacute;n. 

<img alt="" src="" width="100" height="108" />
A second union of contract workers under Sintracarb&oacute;n&rsquo;s guidance, Sintrans, representing transport workers of the Sotrans company, has seen that employer refuse to recognise the union or to consider any of the bus drivers&rsquo; demands. In fact, the sacking of union activists among bus drivers has brought fear and reluctance by workers to engage in union activity. 
 
Sintracarb&oacute;n, with the full support of ICEM, is focusing efforts towards the consolidation of Sintrachaneme and pressuring the mechanical maintenance contractor to accept the demands of workers. International support is important in the push for a collective agreement between Chaneme and its 300 staff, an accord that will guarantee the existence of the union. 
 
&ldquo;The Chaneme management, Carbones de Cerrej&oacute;n management, and the Colombian Ministry of Social Protection must all commit to the process,&rdquo; said Sintracarb&oacute;n representative Jaime Deluquez. 

<img alt="" src="" width="146" height="66" />
Since workers of Chaneme and Sotrans at Cerrej&oacute;n took the step to organize, they have suffered a campaign of harassment and persecution from employers. Sintracarb&oacute;n, consisting of 3,500 direct employed miners at Cerrej&oacute;n, has denounced complicity by their employer of denial of work rights by contractors, saying Carbones del Cerrej&oacute;n has &ldquo;turned a blind eye to the abuses.&rdquo; 
 
Harassment has included workers being visited at home, with threats of dismissal or offers of perks in return for loyalty to the contractors and a turn against the newly-formed unions. 
 
Cerrej&oacute;n management is also criticised by its mining workforce for applying double standards, claiming on the one hand that it respects human and trade union rights with rhetoric that it support the free association into unions of workers of contractors, while working covertly with the contractors and units of government to destroy the trade union organization process. 
 
These abuses of the right of association and collective bargaining contravene national law, the Colombian Constitution, and ILO Conventions 87 and 98, ratified by Colombia. 
 
An ICEM Project on Social Dialogue, organized by Colombian Coordinator Carlos Bustos and counting Carbones del Cerrej&oacute;n as a participant, has achieved exemplary results. The multinational companies holding stakes in one of the world&rsquo;s largest open-cast coal mining operations &ndash; Xstrata, AngloAmerican, and BHP Billiton &ndash; must now prove that a commitment to the Social Dialogue Project and to global labour standards is genuine by stepping forward to defend the rights of outsourced workers at its mining operation in La Guajira department in northeastern Colombia.

Union, Contract Workers Continue Fight for Work Rights at Cerrejón in Colombia

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