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A court in France last week sided with French energy trade unions, who argued that Gaz de France (GDF) needed to provide more information first to its European Works Council (EWC) before it can merge with Franco-Belgian utility group Suez. The court decision is likely to have serious repercussions on the planned &euro;80 billion merger between GDF and Suez. 
 
The unions filed the complaint after GDF failed to provide EWC members with crucial information, needed to get an informed opinion back to the company. The consultation process between the GDF and its EWC is one of the necessary steps in the merger process. The French judge last week ruled that GDF cannot take any decision on the merger before the EWC has given its opinion on the deal. 
 
Trade unions are requiring from GDF information on the &ldquo;social impact&rdquo; of the planned merger. The unions are particularly concerned over the impact on employment, and seek details on the consequences of possible job losses and/or relocations in countries like France, The Netherlands, Italy and UK. 
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Because of the court decision, it became impossible for the boards of the companies to meet and take decisions last week, making it, in turn, impossible for shareholders to vote on the merger before the end of the year. That means that a vote on the merger will be postponed to some time early next year, possible until March or even later. 
 
With French public opinion strongly in favour of state-controlled utility services, and with the French presidential elections looming early next year, unions representing GDF workers now believe it possible that the entire merger will be abandoned, particularly if the Socialist Party in France wins election. 
 
On a separate issue, French unions at GDF strongly protested the planned decision by the presidents of GDF and Suez to assign only three seats, out of a total of 24, of the Administrative Council of the merged group to union representatives. That number would be the bare legal minimum. At GDF, unions have six seats out of 18. 
 
A joint French trade union front, consisting of CGT, FNEM FO, CFE-CGC, and CFTC, has been resisting the government&rsquo;s forced privatisation of Gaz de France, through the merger with the French-Belgian water and power concern. Another energy union, FCE-CFDT, while also hostile to the privatisation of GDF, suggests a separate solution, advocating a partnership between GDF and Suez. In a press release last week, FCE-CFDT repeated that position, saying it would have solved a lot of the current problems.

Unions Win Important Legal Battle in GDF-Suez Merger Saga

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The worst Polish mining tragedy in three decades claimed 23 lives on 21 November, as a methane gas explosion struck deep inside the Halemba mine in Ruda Slaska in Poland&rsquo;s southern Silesia industrial region. The mine, which had not been operating since March 2006, is owned by the state-run Kampania Weglowa (KW), the EU&rsquo;s largest mining company. 
 
The miners were some 1,000 metres underground when the methane gas ignited. They were sent into the 50-year-old mine to retrieve equipment, valued by the company at US$23 million. The shafts in which they were working had been closed last spring, due to dangerously high concentrations of gas. 
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Poland&rsquo;s President, Lech Kaczynski, visited the area and declared a three-day national period of mourning from 23-25 November. All cultural and sports events across the country were cancelled. The government also announced a special fund totalling US$234,700 for family members of the victims. 
 
Some 60 persons, including 23 surviving children, will share the compensation award, expected to amount to about US$10,000 per person. 
 
Poland&rsquo;s Higher Authority for Mining set up a special commission to investigate the tragedy, with work beginning on 24 November. The KW supervisory board will meet on 11 December to take up the reasons and consequences of the catastrophe. Meanwhile, KW has dismissed general directors at all 17 of its collieries in Poland, and the mines will be managed by technical and administrative personnel.

23 Miners Killed inside Poland’s Halemba Coal Pit

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The ICEM has written to the leaders of Maoist political parties in Nepal, protesting against the recent attacks on trade union representatives by Maoist groups in the country. 
 
The latest of these assaults took place on Saturday, 18 November, at a mill owned by Bhrikuti Pulp and Paper Nepal Ltd., in Gaindakot in the Nawalparasi district of Western Nepal. 
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NICIWU's Tika Ram Paudel
Tika Ram Paudel, the Central Treasurer of ICEM affiliate Nepal Independent Chemical &amp; Iron Workers&rsquo; Union (NICIWU), and Shree Mahato, the NICIWU Vice President at Bhrikuti&rsquo;s mill, were brutally attacked by Maoists.
Both were beaten after Paudel, who had been receiving Maoist threats over the last few months, was summoned &ldquo;for consultation&rdquo; by Maoists, who had suddenly appeared at the plant.
Regrettably, more reports on violence against trade unionists have come out of Nepal recently. The ICEM was also informed by its affiliates of an attack on GEFONT trade unionists by Maoists in Hotel Malla. 
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These violent incidents are deplorable in view of the fact that the country is just months out of a period of brutal repression by the government. Last spring, the people of Nepal removed their autocratic King Gyanendra from power. And within the past month, a peace agreement was signed between Maoists rebels and the government, ending a ten-year period of fighting. 
 
In the ICEM letter, the Global Union Federation joined the call by NICIWU to &ldquo;strongly demand the Maoist leadership to respect the peace code of conduct,&rdquo; as well as &ldquo;to investigate the incidents immediately.&rdquo; Reportedly, the Maoist leadership has already committed itself to investigate the incident. However, earlier such promises have been broken. The ICEM will continue to monitor the fragile state of peace and security not only in the Himalayan country as a whole, but also inside the workplaces of Nepal.

Situation Remains Precarious for Nepalese Trade Unionists

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French multinational Saint-Gobain, one of the world&rsquo;s largest companies in the building materials sector, has quickly taken advantage of the Howard government&rsquo;s WorkChoices law in Australia to undermine enterprise bargaining in favour of individual labour agreements. 
 
The company has imposed the practice at two plant sites in the Sydney area, intending to break collective representation by ICEM affiliate National Union of Workers (NUW). 
 
As a result, Saint-Gobain Abrasives Pty. Ltd. staff at the Lidcombe and Wetherill Park worksites are currently on strike, seeking a new collective bargaining agreement. The strike started after it had become clear that Saint-Gobain, instead of starting negotiations on a new collective bargaining agreement, was applying to the Australian Industrial Relations Commission to terminate the existing one. 
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As part of the same process, Saint-Gobain is attempting to have employees sign Australian Workplace Agreements (AWAs). AWAs are individual contracts, whose key characteristics are that they prohibit the right of employees to bargain collectively and exercise other rights of union membership.
The use of AWAs, and the refusal to bargain collectively, is inconsistent with international law. This was recognised, in July 2005, by the Special Committee on the Application of Standards of the ILO, which found that Australia is not meeting its obligations to protect the rights of workers through the provision of AWAs. 
 
On top of all that, on 8 November, the Federal Court of Australia determined that Saint-Gobain unlawfully terminated the employment of two NUW delegates. The two employees, Jeff Gearin and Tony Seymour, who had been working at the site for 18 and 30 years, were dismissed, according to the company, for lack of skills. In court proceedings, it became apparent that the necessary training would have taken &ldquo;two to three hours&rdquo; and that one of the two had earlier asked for the training, a request that management had denied. 
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NUW delegates Jeff Gearin and Tony Seymour
In a letter to the company, the NUW quotes the third principle - on freedom of association and collective bargaining - of the UN&rsquo;s Global Compact, which the company joined in June 2003. 
 
The ICEM has been in direct contact with its French affiliates in the materials sector in an effort to press Paris-based senior management of Saint-Gobain to respect freedom of association at the Australian plant. The ICEM and French unions are also seeking an end to Australian management&rsquo;s pressure on Lidcombe and Wetherill Park employees to accept individual contracts, and want management to begin earnest negotiations with the NUW toward a new collective agreement.

Saint-Gobain Initiates Regressive WorkChoices Law in Australia

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Last week&rsquo;s kidnappings and poor rescue attempt of seven Eni SpA employees by the Nigerian Navy has prompted FEMCA-CISL, ICEM affiliate in Italy, to make a second demand within a month on the Italian energy company concerning its Global Framework Agreement with the ICEM. 
 
This time, FEMCA-CISL contacted senior management of Eni with concerns over how to report on workers&rsquo; security to the agreement&rsquo;s partners. Earlier in November, the union had already voiced, in a letter to Eni&rsquo;s top managers, its displeasure over a brewing dispute with the two ICEM affiliated oil workers&rsquo; unions in Nigeria, PENGASSAN and NUPENG. That dispute, covered in the 13 November issue of InBrief (see: <a href="/en/78-ICEM-InBrief/2022-Nigerian-Unions-Close-to-Second-National-Strike">/en/78-ICEM-InBrief/2022-Nigerian-Unions-Close-to-Second-National-Strike</a>) relates to Eni providing more security in Nigeria to expatriate workers than to native Nigerians. 
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FEMCA-CISL, along with the ICEM and Italian trade unions FILCEA-CGIL and UILCEM-UIL, is signatory to a Global Framework Agreement with Eni, Europe&rsquo;s fourth largest oil producer. The agreement has been in effect since June 2001. 
 
On 21 November, armed militants raided Eni&rsquo;s Saipem subsidiary offshore loading vessel Mystras, located some 30 miles off Rivers State, and captured seven foreign nationals. The next day, Nigerian Navy forces engaged in a fire fight with the militants, killing one worker &ndash; the 58-year-old British production superintendent of the vessel &ndash; as well as injuring one other employee. Two of the kidnappers also were killed, as well as one Nigerian seaman. 
 
In the message to the Italian management, FEMCA-CISL demanded that the issue of the company&rsquo;s security in Nigeria be included on the agenda of the very next meeting of partners of the Global Agreement. The union also insists for the agreement&rsquo;s partners to be timely informed on any security occurrences anywhere in the world. The company should furthermore inform the unions of all initiatives and discussions with local workers&rsquo; representatives. 
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The demand stems from a health and safety stipulation contained in the Global Agreement. In that, the company commits to deploy its best efforts to improve the safety and health of its workers. In part, it reads, &ldquo;Eni guarantees the highest standards of health and safety for its employees and the communities in all the areas of the world where it operates.&rdquo; 
Eni&rsquo;s Saipem and Agip subsidiaries in Nigeria have been the targets of recent violence in the Niger Delta. On 6 November, gunmen took 48 workers &ndash; all indigenous Nigerians &ndash; hostage at Agip&rsquo;s Tebidaba flow station in Bayelsa State over an environmental dispute, reportedly over pollution caused by gas flaring. And earlier, militia took workers hostage at a Clough Creek flow station, also in Bayelsa State. 
 
The violence has caused Eni to declare force majeure in Nigeria, forcing the company to halt export of 60,000 barrels-per-day of crude oil.

Eni’s Global Agreement Called into Play over Nigerian Security Concerns

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Photos - Imerys demonstration South West 18 November 2006

Photos of the march and rally can be found <a href="/index.php?id=21&amp;doc=2038&amp;la=EN">here</a>.
A march and mass rally against Imerys&rsquo; rash restructuring in the UK'S&nbsp;South West was held on Saturday, 18 November, in St. Austell.
Sponsored by UK trade unions Transport &amp; General Workers Union (TGWU), Amicus, and GMB, the colourful march&nbsp;featured French, American and global union representatives, who reminded Imerys workers in the Cornwall and Devon region that the company will grant nothing without a fight. The march culminated with the rally and speeches at Polkyth Carpark. 
 
The march and rally, in which 450 people participated,&nbsp;was part of a build-up to an industrial ballot that the UK unions will take in the South West Imerys, a Paris-based multinational that produces building materials. Imerys is targeting some 610 jobs to be made redundant at its kaolin mine and processing operations in the South West by the end of next year.
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The restructuring has gained global attention through the TGWU&rsquo;s outreach to other unions representing Imerys workers around the world. 
Speakers at Saturday&rsquo;s event included Serge Gonzales, from the French trade union F&eacute;d&eacute;ration Force Ouvri&egrave;re (FO) Mat&eacute;riaux, C&eacute;ramique et Thermique, who is Secretary of Imerys&rsquo; European Works Council; Keith Fulbright, a shop-floor leader at Imery&rsquo;s Sylacauga, Alabama, calcium carbonate mine and plant, who is President of Local Branch 3-0516 of the United Steelworkers (USW) of America; and Dick Blin, a representative of the International Federation of Chemical, Energy, Mine &amp; General Workers' (ICEM) Unions, the Brussels-based Global Union Federation, which includes Imerys&rsquo; trade unions worldwide. 
 
Also speaking were&nbsp;Jennie Formby, TGWU National Secretary, and Laura Lamprell, TGWU Regional Industrial Organiser. 
 
&ldquo;Imerys has exhibited utter contempt in regards to workers, their families and, indeed, the entire well-being of communities built by the labours of English China Clay,&rdquo; said Formby. &ldquo;That contempt has stretched from the manner in which they made the announcement last July, to the manner in which they&rsquo;ve conducted the consultation process with the workers&rsquo; representatives.&rdquo; 
 
&ldquo;We have told Imerys that their anti-social policies in the UK will affect their reputation globally,&rdquo; said Serge Gonzales. &ldquo;We demand of Imerys a reversal to the anti-worker conduct that it is displaying in various countries throughout Europe.&rdquo; 
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In Sylacauga, Alabama, Imerys also has demonstrated a record of union-busting and non-adherence to its social obligations. The USW has fended off two de-unionisation efforts by the company since the turn of the decade, and it is only now, through renewed strength of the USW among the 500-member workforce, that the company has tempered its anti-worker agenda. 
 
&ldquo;The lesson that I bring about Imerys from America to workers of the South West is this: &lsquo;Stay united, stay focused,&rsquo;&rdquo; said the USW&rsquo;s Keith Fulbright. &ldquo;Our experience is that Imerys will attack when they know the union is weak. It was only after we signed nearly every worker into the union that everyone began displaying that fact on the shop floor. It was only then that Imerys backed off.&rdquo; 
 
&ldquo;Imerys must begin making real commitments to workers and communities of the South West,&rdquo; said ICEM General Secretary Fred Higgs. &ldquo;The ICEM guarantees that unless fairness and respect are granted, we will do everything in our power to bring this dispute into all the company&rsquo;s global workplaces.&rdquo;

Anger at Imerys Expressed at Rally in UK&#039;s South West

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Another Colombian trade unionist was murdered, continuing a trend that labels the South American country as one of the worst in the world with respect to trade union rights and human rights. 
 
Jes&uacute;s Marino Mosquera, an activist in the rural workers&rsquo; agricultural union of SINTRAINAGRO, was murdered last month while returning home from the farm that he worked at in Carepa, Urab&aacute; state. He served as a union representative for SINTRAINAGRO on a joint labour-management committee for the past 12 years. 
 
Following the mid-October assassination, two members of the union&rsquo;s national executive received death threats. On 26 October, masked gunmen broke into the home of one of those members, Medardo Cuesta, who was not there, and left a death note for him.
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SINTRAINAGRO, an affiliate of the International Union of Food Workers&rsquo; (IUF), and of the Colombian national labour centre CUT have denounced the murder and death threats, and have called on the government to provide all necessary protective measures for SINTRAINAGRO officers and members. 
 
Far more trade unionists are murdered in Colombia each year than in any other country in the world. Last year, the count was listed at 70, although it is believed another 25 trade union leaders were victims of death squads. 
 
The IUF provides further information on this latest instance of trade union killings in Colombia, as well as a link to send a message of protest to the government on its website. To get there, click&nbsp;<a href="http://www.iufdocuments.org/cgi-bin/dbman/db.cgi?db=default&amp;uid=default&amp;ID=3823&amp;view_records=1&amp;ww=1&amp;en=1">here</a>.

Agricultural Trade Unionist Slain in Colombia

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The former battery workers at two Gold Peak Industrial Holding plants in China who had been diagnosed with excessive levels of cadmium had their case heard in a Chinese court on 3 November. Some 146 workers &ndash; mostly young women &ndash; are being victimised by the Hong Kong-based company.
In 2004, some 400 workers at two of Gold Peak&rsquo;s battery plants in China engaged in strike action to overcome the company&rsquo;s refusal to carry out health tests. Now, Gold Peak is arguing that the 146 workers have no legal basis for claims to compensation, claims for lost working time, or re-employment. 
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The 146 employees, 95% of whom are women between ages 20 and 30, worked at the Gold Peak battery plants of Huizhou Xianjin and Huizhou Chaoba in Guangdong province. In documents, the workers said they were terminated from employment and given little compensation when high levels of cadmium were found in their bodies. The Huizhou city government had certified that a total of 177 Gold Peak workers had been tested and that excessive levels of cadmium had been found in their blood systems. 
 
The Chinese court, after hearing the case on 3 November, adjourned without issuing a verdict. 
 
Investor-based Gold Peak operates several battery-producing factories in China, and sells the batteries under different brand names worldwide.

Gold Peak Battery Workers Have Their Day in Court in China

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ICEM French affiliate FCE-CFDT is demanding that Bayer Pharmaceutical tend to all its social obligations in the German company&rsquo;s recent announcement of location changes inside France. After last summer&rsquo;s purchase by Bayer of Schering Pharma, the company announced last week it was moving the offices of the pharmaceutical division from Puteaux near Paris to the northern French town of Lys-lez-Lannoy, just inside the Belgian border.
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The pharmaceutical branch of FCE-CFDT warns that 500 jobs could be threatened by the move. &ldquo;Important social consequences&rdquo; will arise, FCE-CFDT said in a statement, &ldquo;because not all Puteaux workers will go north. In addition, there might be collateral consequences for staff of other divisions of the company, including Bayer SAS and Bayer Jardin.&rdquo; 
 
The union is calling on Bayer to commit itself to propose &ldquo;an acceptable solution to every worker impacted by the decision,&rdquo; and FCE-CFDT demands that an extraordinary meeting occur to address the social and economic future of the site at Puteaux.

FCE-CFDT in France Warns Bayer on Social Consequences of Move

Archive

Unions Win Important Legal Battle in GDF-Suez Merger Saga

23 Miners Killed inside Poland’s Halemba Coal Pit

Situation Remains Precarious for Nepalese Trade Unionists

Saint-Gobain Initiates Regressive WorkChoices Law in Australia

Eni’s Global Agreement Called into Play over Nigerian Security Concerns

Photos - Imerys demonstration South West 18 November 2006

Anger at Imerys Expressed at Rally in UK's South West

Agricultural Trade Unionist Slain in Colombia

Gold Peak Battery Workers Have Their Day in Court in China

FCE-CFDT in France Warns Bayer on Social Consequences of Move

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