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Following last October&rsquo;s release of the English version of the &ldquo;ICEM Guide on Contact and Agency Labour (CAL),&rdquo; the Global Union Federation has now released an Arabic version. Further language versions are in the works. 
 
The Arabic version can be found <a href="http://cal.icem.org/images/documents/09-02-09%20Word%20version%20ICEM%20CAL%20Guide%20in%20Arabic.pdf ">here</a>. 
 
The CAL Guide describes numerous short-term contract, agency labour, and other precarious work situations from around the world. It contains a number of best practice examples, as well as worrying situations, such as the horrid work terms and working conditions that temporary workers fine themselves in. 
 
The guide also provides an overview of some of the most recent changes in national and international labour laws and standards. It further deals with combating the phenomenon at company level through collective negotiations. Useful and encouraging examples, together with union strategies are also provided. 
 
The English version of the manual, as well as the ICEM&rsquo;s CAL campaign website can be found <a href="http://cal.icem.org/">here</a>.&nbsp;

ICEM Releases Contract and Agency Manual in Arabic

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Effective 24 March 2009, the ICEM will be located in new office space in Geneva. The new offices, located in the Eaux-Vives section of Geneva near the old city, are located at 20 rue Adrien Lachenal, 1207 Geneva. 
 
The general phone number, fax number, and all individual extension numbers will remain the same. 
 
The new offices have 570 square metres of space spread across two floors of a modern building. It will serve as more functional and accommodating leased office space compared to the 150 square metres of temporary offices that the ICEM occupied since the April 2008 move from Belgium to Switzerland. 
 
We encourage all ICEM affiliates and their representatives, whenever in Geneva, to visit us at 20 rue Adrien Lachenal.

ICEM Relocates inside Geneva, Effective Tomorrow, 24 March

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In efforts to hold the government of &Aacute;lvaro Uribe responsible for prosecuting the real perpetrators behind the murders of trade union activists before a US-Colombia Free Trade Agreement is enacted, the US House of Representatives Education and Labor Committee heard vivid testimony last month on several murders. 
 
One was the 2001 assassination of Jorge Dar&iacute;o Hoyos, who was once the Colombian coordinator for the Miners&rsquo; International Federation (MIF), one of the predecessor trade union federations of the ICEM. 

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Yessika Hoyos
Testifying in Washington, DC, was his daughter, 25-year-old Yessika Hoyos. She said that despite police arresting two individuals who actually committed the crime, no effort has been made to apprehend and prosecute those who ordered the assassination. 
 
&ldquo;We know there is evidence of other perpetrators, including members of the national army,&rdquo; she said. &ldquo;The investigation remains open, but with no follow-up of the evidence as requested, and no identification of other possible perpetrators.&rdquo; 
 
Dar&iacute;o Hoyos, then 61, was gunned down in his home town of Fusagasuga, in central Colombia near Bogot&aacute;, on 3 March 2001.At the time, a paramilitary group called the Block Centaurs was thought to have carried out the killing. He was MIF&rsquo;s national coordinator from 1984 to 1991, and then served as an organiser and collective bargaining advisor to unions representing teachers, bank workers, and telecommunications staff. 
 
At the February 2009 US Congress hearing, the House Education and Labour Committee stated, &ldquo;The Colombian government has not done enough to stem the rising violence against trade union leaders or address the backlog of labor union leader killings.&rdquo; A representative from Colombia&rsquo;s National Labour School testified that 60% of all murders of trade union activists throughout the world occur in Colombia.

US Congressional Committee Hears Testimony of Slain Colombian Mine Union Activist

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Yao Fuxin, a Chinese labour activist who led a 2002 peaceful protest against the corruption that drove a steel mill into bankruptcy, was released from prison 16 March. He served a full seven-year term for &ldquo;subversion of state power.&rdquo; 
 
In March 2003, after a hasty four-hour trial two months earlier, Yao Fuxin and Xiao Yunliang were sentenced to prison terms for leading worker protests demanding back wages and pension payments at the Liaoyang Ferroalloy mill in northeastern Liaoning Province. 

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In March 2002, some 15,000 workers at five metal-working operations protested against government and management corruption at state-run enterprises in China&rsquo;s steel belt. At the Liaoyang Ferroalloy facility a year earlier, workers there alleged that 2,000 tons of iron ore disappeared, leading to bankruptcy and non-payment of wages and benefits. 
 
Xiao Yunliang, a retired metalworker, was released just three weeks before his four-year prison term was up in March 2006. 
 
But Yao Fuxin persevered through harsh conditions at Lingyuan No. 2 prison where he suffered two heart attacks, a stroke, and was consistently placed before an open window in the cold of winter. He also suffered from sleep depravation. Prison officials ordered other prisoners to step on him when he fell asleep. 
 
Upon his release last week, Yao Fuxin, now 63, expressed no remorse. &ldquo;There&rsquo;s nothing wrong with what I did,&rdquo; he said in a telephone interview with a news wire service, adding he and others were only exercising their rights under China&rsquo;s constitution. &ldquo;I feel no regret at all. What I did was protect the interests of the country and the interests of the people, the law-given interests of the workers.&rdquo;

After 7 Years, China Releases Metalworker Labour Activist

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The ICEM supports the actions of its Ukrainian affiliate, the Coal Mining Industry Workers&rsquo; Union of Ukraine (PRUPU), as it announced a series of mass rallies throughout the country, protesting the situation facing miners in an industry in crisis. 
 
The decision to commence with mass protest actions on 25 March was taken by the union&rsquo;s Shop Stewards at the 3rd Plenary Meeting of PRUPU&rsquo;s Central Committee, held on 27 February. Delegates resolved to launch the mass protest actions, starting this Wednesday, including the picketing of the seats of the state authorities in Kiev and other major coal-mining towns in the eastern Donbass region. 

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PRUPU President Victor Turmanov
Ukrainian miners face ongoing violations of their right to timely remuneration, significant wage arrears, and a reduction of 4.6 times of the budgetary allocations for the industry in 2009 over that of 2008. 
 
The Ukrainian Federation of Trade Unions, in a statement released 11 March, accused the country&rsquo;s leadership of &ldquo;ignoring the interests of the people to please international financial magnates.&rdquo; 
 
In exchange for a US$2 billion loan from the International Monetary Fund, the Ukrainian government agreed to restrictive conditions for the loan. Notable promises were the cancelling of social utility discounts for poor families, raising the retirement age by five years, and a six-fold increase in gas prices for Ukrainians.

Ukrainian Miners’ Union, PRUPU, to Launch Government Protest Rallies This Week

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On 10 March, the labour-backed Employee Free Choice Act (EFCA) was introduced in both houses of the US Congress. If passed, the legislation &ndash; which has the support of global labour &ndash; would remove many of the advantages an employer now routinely uses to avoid unionisation in the US. 
The proposed law would entitle a union to be authorised to represent workers&rsquo; interests if a simple majority signed cards or a petition requesting union representation. Currently, as mandated under the 1935 US National Labor Relations Act, union recognition can occur either through such a &ldquo;card check&rdquo; measure, or through a government supervised election. 
But it is an employer that chooses which of the two methods is used and in nearly all instances, a government ballot is the bosses&rsquo; choice. This gives an employer the necessary time on a jobsite to implant fear and counter the merits of unionisation. 
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Statistics reveal that in 25% of all US organising drives, employees with pro-union sympathies or those who openly support a union are sacked. Further, in 78% of all campaigns leading to a government ballot, employers use intimidation by delivering harsh anti-union messages on the shop floor, including threats of plant closure, layoffs, and other negative impacts if a union is elected. 
The EFCA would grant workers, not employers, the right to choose the method for union representation, either through a National Labor Relations Board (NLRB) secret-ballot election or through a majority card-check or petition. (Business interests in the US are now engaged in an intense lobbying effort against EFCA, saying it absolutely denies secret-ballot elections, a falsehood.) 
Secondly, the proposed law contains mandatory government arbitration so that a collective agreement can become effective if the two parties cannot reach one after a period of time. Similar to industrial relations in many developed countries, both labour and management submit proposals to a government panel, which then would put in place a collective agreement for a two-year period. 
Currently, after a union is certified, many employers in the US practice what is called &ldquo;surface bargaining,&rdquo; meaning they adhere to the 1935 law which states they must engage in bargaining, but do so without ever intending to enter into a collective agreement. In such practices, the result is to delay the process and to frustrate the legitimate desire of workers to be part of a collective labour agreement. 
Another major US labour law reform contained in the EFCA is a financial penalty on employers who discriminate against workers exhibiting lawful union activity. Now, there is no risk to an employer who fires union activists during organising campaigns. A worker must prove such bias, with the NLRB sometimes taking years to determine a case, including inevitable employer appeals. Even when a case is concluded in favour of a worker, the award is mere back pay, minus wages and other compensation the worker may have received following the discharge. 
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The EFCA contains triple back pay damages for workers found to have been illegally sacked. 
This is the fourth time the EFCA has been introduced in the US Congress. The last time, in March 2007, it passed the House of Representatives by a 241-185 count, but died three months later in the 100-member US Senate, where an archaic rule mandates 60 votes necessary to invoke cloture, or the required number needed in a vote to halt a filibuster. The measure then had 51 US Senate supporters, although President George Bush promised a veto. 
This time the EFCA has the support of President Barack Obama. Two weeks ago, when introduced, the EFCA had 223 of 565 House members signed on as co-sponsors, while the Senate side had 40 co-sponsors. 
In this session of Congress, sponsors will attempt a different strategy by first bringing EFCA forward in the Senate. It is expected to begin receiving committee hearings in late April, with the bill brought to the Senate and then House floors during the summer. 
Global labour, through the Council of Global Unions, is encouraging national unions to bring the American EFCA to the attention of their respective governments, as well as to employers who have operations in the US. More can be learned about this important US legislative proposal by clicking <a href="http://www.americanrightsatwork.org/">here</a>.

Employee Free Choice Act Again Introduced in US Congress

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Fair Work now will replace former Prime Minister John Howard&rsquo;s draconian WorkChoices as the industrial relations law of the land in Australia. That was assured this past Friday, 20 March, when Parliament&rsquo;s Senate passed the Labour Government initiative.
But it didn&rsquo;t come without a political struggle. A compromise was struck between Labour and its allies and the Liberal Party, most notably over the definition of a small business and the inter-connected protection against unfair dismissals. 
The compromise sets the small business definition at 15 full-time workers, part-time workers not included for the first 18 months, or until 1 January 2011. But thereafter, workers with one year of service &ndash; no matter; full-time, part-time, or casual &ndash; will have protection. Under Howard&rsquo;s WorkChoices, businesses with fewer than 100 workers were exempt from the unfair labour dismissal statute. 
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The Labour Party also compromised on some restrictions to union access to worksites and union access to certain types of information. In all, 231 Senate amendments were submitted to a Fair Work House version, which passed in December 2008. But the new law is fairer and gives workers far better protections in an economic downturn than what was on the books under Howard. 
It creates ten national job standards, charters collective bargaining as the main tenet in labour-management relations, and creates a national industrial umpire with enforcement powers, the Fair Work Commission, thus replacing six Howard-era agencies that essentially were charged with removing workplace regulations. 
It also spells out workers&rsquo; rights to representation; access to arbitration; establishes a 38-hour workweek; grants four weeks annual leave; and allows the practice of flexible work schedules and conditions to take hold. Additionally, it sets out a standard process for regularly raising the minimum wage. 
The unfair dismissal statute, plus implementation of good-faith enterprise bargaining takes effect 1 July 2009, while the remainder of the provisions take effect 1 January 2010. 
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Sharon Burrow
Sharon Burrow, President of the Australian Council of Trades Unions (ACTU), called the Senate passage a &ldquo;major step forward for working Australians,&rdquo; marking &ldquo;a historic moment in restoring workers&rsquo; rights. After a decade of attacks on working people by the Liberal and National Parties the tide has turned,&rdquo; she said. &ldquo;We can take pride in what we have achieved.&rdquo;

Australia’s Senate Hammers Final Nail into WorkChoices Coffin

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The global recession&rsquo;s impact on the rubber industry, collective bargaining, work relationships, health and safety, global solidarity, and a plan of action to address these issues were key topics discussed in the US at the ICEM&rsquo;s World Conference for the Rubber Industries in Nashville, Tennessee, 12-13 May. 
 
The conference, which was hosted by US-based United Steelworkers (USW), attracted some 90 trade unionists from throughout the world. The swine flu epidemic and visa problems into the US prevented the conference from having even more participants. 
 
USW Secretary-Treasurer Stan Johnson, who leads the host union&rsquo;s rubber sector, opened the conference. A 22-year veteran of the tyre industry, Johnson led a successful strike as a local branch president against Italian tyre-maker Pirelli at a Nashville plant in the mid-1990s. He was unanimously elected as ICEM&rsquo;s permanent chairman for the Rubber Industry at this conference. 

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USW Secretary-Treasurer Stan Johnson
Johnson painted a picture of the current global economic crisis&mdash;a halt in the auto industry, collapse of the tyre market, and factories operating at low capacities. &ldquo;Our opportunity lies in making sure that work and the value of workers is once again important,&rdquo; he said. &ldquo;It is our responsibility individually and collectively to step forward and change our future.&rdquo; 
 
ICEM General Secretary Manfred Warda pointed out that bad policies allowed irresponsible corporate conduct to occur. He said corporate greed was behind &ldquo;casino capitalism,&rdquo; and that national solutions alone will not work to end the crisis. A global response is needed with unions playing an integral role. 
 
&ldquo;Recovery cannot mean the status quo,&rdquo; said Warda. &ldquo;A sustainable economy must be created. There is a great need to build trade union unity to combat the excesses of unregulated globalization.&rdquo; 
 
Warda also presented a resolution on the US Employee Free Choice Act (EFCA), important legislation currently before the American government that would eliminate the unfair advantages that employers commonly use to restrict workers from organising. (See the Resolution <a href="/wp-content/migration/icem/EFCA%20Resolution.pdf">here</a>.) 

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USW scribe Lynne Baker (left) interviews Forestry, Logging, and Industrial Workers&rsquo; Union of Liberia&rsquo;s (FLIWUL) Austin Natee and Edwin Cisco. At right, USW&rsquo;s&nbsp;Marilyn Brown 
Photo: Kenny Carlisle, USW Communications Department 
But the conference centered primarily on the global economic crisis. Presenters mapped out the problems confronting rubber workers throughout this crisis and the opportunities for positive change. The problems cited were common to all: layoffs, reductions in pay and hours worked, outsourcing to low cost countries, leave without pay, wage freezes, use of contract and agency labour, shutdowns, production declines, and lack of investment, all factors leading to increased family and community stress. 
 
Presenters told how some employers were using the economic crisis to avoid their commitments to workers, and rather to create new work structures, including the use of non-regular and short-term contract workers. 
 
&ldquo;Trade unions need to be at the vanguard of developing a new model that guarantees globalization of rights, an agenda to decrease poverty, and to better regulate the financial sector,&rdquo; said Fabio Lins from Brazil&rsquo;s CNQ/CUT union in Brazil. 

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Fabio Lins of CNQ/CUT, Brazil
Peter Bakvis, director of the International Trade Union Confederation/Global Unions office in Washington, D.C., presented a five-point strategy for the ICEM and other global unions to tackle the economic crisis and build a fairer and more sustainable world economy. 
 
The strategy focuses on job creation through public investment, including active labour market policies and protection of the most vulnerable; nationalization of insolvent banks and new roles and mechanisms to control global finance; extension of collective bargaining coverage and strengthening of wage-setting institutions; negotiation of an ambitious international agreement on climate change; and governance reform of the global financial institutions like the International Monetary Fund, the World Bank, and the World Trade Organisation. 

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ICEM Rubber Conference participants
At the conclusion of the conference on 13 May, Chemicals and Rubber Industry Officer Kemal &Ouml;zkan presented an ICEM action plan that included campaigning for basic trade union rights and union organising; providing immediate solidarity during conflicts; providing effective and active solidarity for collective bargaining; striving for decent work in the rubber sector, meaning campaigning for sector-wide standards on use of contract and agency labour, equal pay initiatives, and use of Global Framework Agreements to address such issues. 

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ICEM Chemicals and Rubber Industry Officer Kemal &Ouml;zkan 
Photo: Kenny Carlisle, USW Communications Department 
As well, the work includes improving, strengthening, and creating new workers&rsquo; networks; creating a global level of industrial relations through existing instruments; establishing industry and company-wide standards for health, safety, and sustainable jobs; seeking to improve cooperation between Global Union Federations in the auto-parts and auto supply industries along the global production chain; and providing special solidarity to US unions for passage of the EFCA, to tyre workers at Hankook and Bridgestone in Hungary, to French and German workers of Continental AG, and to Mexican miners. 
To view the action plan in its entirety, as well as to see the presentations made by speakers, click <a href="/index.php?id=20&amp;la=EN&amp;doc=3207">here</a>.
Special thanks to Contributor Lynne Baker, USW Communications Department.

ICEM’s Rubber Conference Focuses on Problems, Opportunities in Economic Crisis

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The prestigious Febe Elisabeth Velasquez Trade Union Award was given last week to a woman trade unionist from Iraq, Hashmeyia Muhsin Saadawi, the President of ICEM-affiliated General Union of Electricity Workers and Technicians. 
 
The award is presented by FNV, a national labour centre in the Netherlands, and is given to a trade union leader who has worked under difficult circumstances, taken enormous personal risks, but has defended trade union rights in countries where such rights are routinely violated. 
 
Hashmeyia Muhsin, the tenth recipient of the award, was nominated by the ICEM. She was honoured at the FNV Congress in Amsterdam, and presented the award on 12 May. 

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In nominating her, the ICEM said Hashmeyia Muhsin &ldquo;has dedicated herself to the protection of both trade union rights and wider human rights in a country which remains under occupation &hellip; and which continues to apply trade union legislation from the Saddam era.&rdquo; 
 
She is the first woman to head a national trade union in Iraq, and is believed to be the first woman to lead a union anywhere in the Arabic-speaking world. The ICEM noted her courage in leading marches, demonstrations, and strikes in the Basra area, while under the threat of death. She also is a dedicated advocate for electricity access to all citizens of Iraq. 

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First elected to head the Electricity Workers and Technicians in September 2003, she has been re-elected twice since, and also is Vice Chairman of the General Federation of Iraqi Workers (GFIW). In 2007, she was elected to the ICEM&rsquo;s Executive Committee. 
 
The Febe Elisabeth Velasquez Award was named after a Salvadorian trade union leader and former General Secretary of Fenastras. Velasquez was killed on 31 October 1989 when a bomb exploded at the offices of the trade union centre. Previous FNV award recipients include Kim You Mee of Korea, Frank Kokori and Milton Dabibi of Nigeria, Maria Alieva of Belurus, Dr. Taye Woldesmiate of Ethiopia, and Mansour Osanloo of Iran.

Dutch FNV Trade Union Award to Goes to Iraq’s Hashmeyia Muhsin Saadawi

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Hundreds of ICEM affiliates from every continent responded to an ICEM Circular to lend support to American trade unions in their legislative battle to pass the Employee Free Choice Act (EFCA). In recent weeks, support letters arrived in droves to ICEM&rsquo;s nine US trade union affiliates, which together with the rest of the American trade union movement are waging a bitter fight against a rabid business lobby in order to enact the first meaningful labour law reform measure in the US in 50 years. 
 
The EFCA would simplify and make the process fairer for workers who choose to organise and win US government certification for collective bargaining. The proposed law would give workers the choice of union representation if a simple majority in any given workplace signed a card or petition seeking unionisation. 
 
Currently, it is the employer that chooses which of two methods &ndash; &ldquo;card-check&rdquo; recognition or a one-sided election procedure &ndash; to certify a bargaining representative. In nearly all instances, a company chooses the election method because the government-conducted vote is held at the worksite and trade unions have no on-the-job access to workers in the 30-45 days leading up to the vote. 

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Instead, over the past three decades, employers have fine-tuned the process, using stop-work meetings to vilify the union, sacking workers who support the union, and utilising threats and intimidation by stating that if the union is voted in, layoffs or plant closures will occur. Although such union-avoidance tactics currently do violate US labour law, no penalties are attached so bosses have crafted the election process to their distinct advantage. 
 
If the EFCA is passed, financial penalties will be levied on employers who deploy such tactics. Perhaps most significantly, the proposed legislation contains a first-contract arbitration provision in which contract proposals are submitted to a government mediator if an initial collective agreement cannot be reached. Oftentimes at present, management&rsquo;s strategy following a union win in a government-supervised election is to &ldquo;surface bargain&rdquo; without ever intending to come to an agreement. After one year, the union can then be decertified. 
 
ICEM&rsquo;s call to its global affiliates came immediately after Global Unions, comprising the 11 Global Union Federations, plus the International Trade Union Confederation (ITUC) and the Trade Union Advisory Committee (TUAC) of the OECD, issued a statement, demanding passage of the EFCA: &ldquo;There is no defense for employers who interfere in workers&rsquo; decisions to form trade unions &hellip; It is time for the United States to join the other democracies around the world that respect the fundamental rights of workers to form trade unions and bargain collectively with their employers. Members of the US Congress should muster the courage to resist a massive, multi-million dollar employer campaign of propaganda, scare tactics, and distortion. 

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&ldquo;We, the Global Unions, representing around 200 million workers on all continents and in all industries, call on the United States Government to adopt the EFCA.&rdquo; 
 
Many of the ICEM affiliates that wrote to the US unions alluded to the current global economic crisis, and the best means to rise out of that crisis. &ldquo;We know that a strong economy depends on workers given the opportunity to join a trade union and to bargain collectively so that fair wages and social benefits are lifted for all in a society.&rdquo; 
 
The letters concluded by stating: &ldquo;Please pass to your union membership, as well as to your elected officials, that our union fully supports EFCA, and that we consider it an essential element in a free society that workers be allowed to join a trade union in an unobstructed way.&rdquo; 
 
American trade unions are currently pushing members of the US Senate to adopt the bill. US unions played the major role in electing members of the Democratic Party to substantial majorities in both the Senate and US House in last year&rsquo;s elections. But a number of supposed pro-worker Democrats in the Senate have come under the influence of the business lobby&rsquo;s misinformation campaign putting passage of EFCA in jeopardy. 

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As committees of Congress prepare to debate EFCA, Democrats in the Senate are suggesting compromises, such as workers submitting &ldquo;card-check&rdquo; authorization directly by mail to the US labour board, or proposing alterations to the first-contract arbitration procedure. 
 
This is the fourth time in recent years that EFCA has been proposed in the US Congress, but the first time it has a realistic chance of enactment. This is due to President Barack Obama&rsquo;s pledge to sign it, as well as the US labour movement&rsquo;s yeoman work in elections six months ago that gave a political mandate to do away with George Bush&rsquo;s draconian policies. 
 
In March 2007, the last time the measure was before Congress, it passed the US House by a 241-185 vote. But it died in the US Senate when proponents failed to gain the 60 votes necessary to invoke cloture, or the vote to shut down filibustering on a piece of legislation. In the coming weeks, Democrats are expected to have exactly 60 seats in the 100-seat Senate. Labor&rsquo;s strategy this time is to first gain passage of EFCA in the US Senate before taking it to the House.

Trade Unions Worldwide Respond to ICEM’s Call for Fair Organising in the US

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