USA: South Carolina Governor Nikki Haley is facing a big lawsuit after saying that the state will attempt to keep unions out of the Boeing plant in North Charleston. The lawsuit, filed on January 20, 2011 in U.S. District Court in Charleston by the International Association of Machinists (IAM) and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), asks for a court order telling Haley and her director of the Department of Labor, Licensing and Regulation (LLR) Catherine Templeton to remain neutral and keep out of matters concerning union activities.

The suit charges Republican Governor Nikki Haley with violations of the federal constitutional and statutory rights to free speech, free association and due process by establishing a state governmental policy of hostility to unions and workers seeking to join unions. The IAM and the AFL-CIO filed the suit under a section of the U.S. constitution, which prohibits state officials from acting in a way that deprives citizens of federally-protected rights. (Full text on the lawsuit is available here: http://bit.ly/SCGov_Complaint)

On December 8, 2010, Governor Haley announced she would nominate union avoidance attorney Catherine Templeton to head South Carolina’s Department of Labour, Licensing and Regulation (LLR), declaring unequivocally, "We’re going to fight the unions and I needed a partner to help me do it." The IAM suit also names Catherine Templeton, head of South Carolina’s Department of Labor, Licensing and Regulation (LLR) as a co-defendant.

"By tasking Ms Templeton to lead the fight against union organizing in South Carolina, and specifically against the IAM at the Boeing facility in North Charleston, Gov. Haley is requesting a state official to violate the very law she is charged with enforcing," said IAM southern territory vice president Bob Martinez. "The state has no business whatsoever taking sides or exerting influence in a worker’s decision to join or not to join a union," he added.

BANGLADESH: On January 18, 2011, four workers died and another suffered critical burns in a huge explosion at Mak Corporation shipbreaking yard in Sitakunda, Chittagong, Bangladesh. According to reports the explosion, which occurred while dismantling of the fuel tanker of the ship, was heard two miles away. The impact of explosion was so massive that a worker, Miraj, 18, who died in the hospital, was thrown 100 meters away. He joined the company just three days earlier.

Bodies of ship breaking workers Liton, 35, and Jubayed, 22, were recovered from the explosion site after fire-fighters stopped the fire. Miraj, with 100 percent burns died at 2:30pm, while the other worker Rubel, 25, died 15 minutes later at the Chittagong Medical College Hospital. Another injured worker is undergoing treatment with 50 per cent burns to his body and his colleague with minor injuries was released after first aid.

Subsequently, the High Court on January 19 passed suo moto orders directing the government to stop all kinds of scrapping of ships in the country until further orders. The High Court bench ordered to move the unclean hazardous ships from the beach. The court also issued a contempt of court against the owner of the shipbreaking yard, Master Abul Khasem, vice-president of the Ship Breakers Owners’ Association and the concerned official and summoned them to appear before it on January 28.

The court also ordered the Chittagong Port Authority to form a three-member expert committee within seven days to investigate the explosion at Sitakunda.

According to newspaper reports, as many as 30 workers were killed and 16 others were maimed in the last 21 months in 16 explosions in Sitakunda shipbreaking yards. In addition, many others have suffered minor injuries and their number was not recorded by anyone.

It is ironical to note that despite the ban order by the High Court on March 17, 2009 the Department of Environment gave temporary clearance certificate to Master Kashem, owner of Mak Corporation to import hazardous ships for dismantling in December 2010.

In March 2009 the High Court ordered the government to close all shipbreaking yards running without environmental clearance within two weeks and prohibited unloading from the ships that were already imported. It also directed the government to keep imported ships available for government scrutiny. It ordered that no ship would enter the Bangladesh territory without cleaning its toxins at source or outside the territory of Bangladesh. Later the Supreme Court stayed the high court order for closing the yards but sustained all other aspects of the order. Even though the court had directed the government not to allow any new yard to start the operation without clearance certificate, the number of shipbreaking yards has increased from 36 to over 100 since then.

In addition, the court directed the Ministry of Environment and Forest to frame rules on shipbreaking based on the government of Bangladesh’s commitments under the Basel Convention, 1989, the Environment Conservation Act, 1995 and the Environment Conservation Rules, 1997.

According to the reports of The Daily Star, under the existing environmental laws it is mandatory for shipbreaking yards to obtain environmental clearance certificate, but large number of them are operating without clearance. According to reports, there are 50 shipbreaking yards that have applied for clearance certificates without proper structures or modern facilities for dismantling ships.

Bangladesh Metalworkers’ Federation and Bangladesh Metalworkers League launched a police compliant against the shipbreaking yard owner and called on the government to ensure those responsible for the incident are brought to justice. 

GLOBAL: The International Monetary Fund (IMF) Managing Director, Dominique Strauss-Kahn and World Bank President, Robert Zoellick agreed on the importance of employment, social protection, working with trade unions and broadening the distribution of economic growth in meetings with high-level trade union delegation in Washington D.C. from January 18 to 20, 2011.

"Income-led growth is the key to securing recovery and ending the kinds of social deprivation and misery we’re seeing in countries like Tunisia," said Sharan Burrow, General Secretary of the International Trade Union Confederation (ITUC). "We have to stop the financial elites regaining control and sowing the seeds of an imminent new crisis at a time when workers are still suffering the unemployment caused by the last one."

In response, IMF Managing Director Strauss-Kahn agreed that tackling the jobs crisis, in particular the tragedy of long-term unemployment with all its social consequences, was essential and said jobs would be a central priority for IMF actions in 2011. He reiterated the IMF’s commitment to working with the ILO to establish a universal social protection floor.

World Bank President Robert Zoellick committed the Bank to consult trade unions effectively at national level, as well as sectorally, and by improving their protocols of cooperation at global level. He laid great stress on the need to address the food price crisis, through Bank actions. Zoellick further committed the Bank to support all the ILO core labour standards and to incorporate workers’ protections, such as maternity protection, into ongoing World Bank work on the labour market.

International Metalworkers’ Federation General Secretary, Jyrki Raina urged the World Bank to get rid of the Employing Workers Indicator in its annual Doing Business report, which gives 183 countries scores for regulation areas and ranks them in order. Those countries that offer least protection for workers get the best marks. The report has been used in different parts of the world to weaken labour legislation and to reduce social protection.

The indicator has been suspended in this year’s report while a revision process takes place. Unions are promoting a Worker Protection Indicator, which would cover among other things matters such as how a country is adhering to core labour standards.

"Doing Business should not promote precarious work, long working hours, low minimum wages which are not sufficient for living, and insufficient protection of workers who lose their jobs. Doing Business should instead promote decent work, the creation of good quality jobs, and sufficient social protection. That would be in line with the World Bank’s slogan "Working for a world free of poverty"," said Raina.

To read the Statement of trade union priorities for the French Presidency of the G8 and G20 in 2011, see:
http://www.ituc-csi.org/IMG/pdf/0811t_gf_G20_es-2.pdf

South Africa: NUMSA has won an agreement from BHP Billiton to explore ways of phasing out the use of labour brokers. To this end, a task team will take six months to propose models to phase out the used of labour brokers at the multinational’s Hillside smelter.

NUMSA has been strategic in its approach to ban labour brokering. It has a firmly established and central place on the unions bargaining agenda and the union has not been afraid to flex its collective bargaining strength to make gains on the issue.

Gains have been made to ban labour brokering at all three bargaining councils on which the union sat last year, for the tyre, motor and auto sectors. In the motor sector a framework to do away with labour brokers is being developed and the union won a ban on labour brokers in the auto sector.

In 2011, NUMSA intends to demand for a ban on the use of labour broker in the engineering sector at bargaining council negotiations. The engineering sector is the union’s biggest membership base.

NUMSA’s commitment to tackle the issue of labour brokers at plant level is paying off locally and at an international level. Its agreement with multinational BHP Billiton on seeking ways to phase out labour brokers is a massive step forward for labour. IMF hopes this will make positive contributions to addressing precarious work and furthering the decent work agenda at all BHP Billiton worksites.

MEXICO: The Executive Director and several members of the Center for Worker Support (CAT), an organization that has been assisting in the organizing of workers at Johnson Controls in Puebla, Mexico, received threats on their life and security on January 14, 2011, following a series of earlier threats.

The International Metalworkers’ Federation (IMF) joins with a network of solidarity organizations in calling on its affiliates to immediately write to the Mexican authorities demanding protection of the life and integrity of these labour rights advocates.

On January 11, 2011 at 5 p.m., Blanca Velázquez, Executive Director of CAT, tried to log into the organization’s e-mail account. However she could not log into CAT’s institutional e-mail account or her personal e-mail account, both of which had been hacked.

On January 14, 2011, an e-mail went out from CAT’s institutional e-mail account to the members of the team, including Blanca Velazquez, as well as to other people who had worked closely with CAT, which described an earlier violent attack on an activist in Mexico.
 
This threat follows a series of acts of repression made against people working for and with CAT. On April 2, 2010, two former workers from Johnson Controls Interiors (JCI), Enrique Morales, who also works for CAT, and Coral Juarez, were assualted.

On August 9, 2010, in the San Luis Teolocholco Tlaxcala community, Enrique Morales, Coral Juarez and Maria Luisa Rosina, members of CAT, were threatened while doing field work with workers of JCI. On this occasion, the men said; "they knew that they were with CAT and to tell Blanca (the director of CAT) that if she kept messing with CROM (the former protection union at JCI) there would be consequences."

On August 16, 2010, Candido Corona Barruecos and Virgilio Melendez Morales, both workers of JCI and working with CAT, were beaten and deprived of their liberty for more than seven hours during which they were physically assaulted by the members of the Confederation of Union Organizations (COS).

Finally, on December 20, 2010, CAT offices were robbed and its members were threatened via a message painted on the wall that said: "YOU DO NOT KNOW WHO YOU ARE MESSING WITH". 

For further information see the urgent call for action from PRODESC and CAT published in English and Spanish on the IMF website here.

The IMF with ICEM, UNI and ITF are holding Global Days of Action demanding trade union rights in Mexico from February 14 to 19, 2011. For more details go to: www.imfmetal.org/mexico2011

Please send letters asking for:

1. The necessary measures be adopted to ensure the life and integrity of labour right advocates Blanca Velazquez, Catalina Guzman, Victoria Hernandez, Cecilia Medina and Enrique Morales Montaño, and all members of CAT.
2. That a thorough investigation of the events that transpired immediately take place and with the highest international standards in mind.
3. That the implementation of the Declaration about human rights advocates be ensured, adopted by the General Assembly of the U.N., which establishes that every person has the right, individually and collectively to promote and procure protection and realization of human rights and fundamental liberties in national and international arenas. (art. 1) The U.N. has established that all persons have the right to have his/her honour respected and the recognition of his/her dignity, for which nobody will be the object of illegal attacks on his/her honour or reputation, every person has the right to protection under the law against such attacks. (art. 12)

Send to:
Presidente Constitucional de la República Mexicana
Lic. Felipe de Jesús Calderón Hinojosa.
Residencia Oficial de los Pinos, Casa Miguel Alemán, Col. San Miguel Chapultepec, C.P. 11850, México DF. Tel: +52 55 27891100; Fax: +52 55 50934900. E-mail: [email protected]

Secretario General de Gobernación.
Lic. José Francisco Blake Mora
Bucareli 99, 1er. piso, Col. Juárez, Delegación Cuauhtémoc, México D.F., C.P. 06600, México, FAX +52 (55) 5093 34 14. Email: [email protected]

Procurador General de la República
Arturo Chávez Chávez
Procuraduría General de la República, Paseo de la Reforma nº 211-213, Piso 16, Col. Cuauhtémoc, Del. Cuauhtémoc, México D.F., C.P. 06500, Fax: +52 55 53 46 09 08; + 52 55 27 89 11 13 (si responde una voz, digan: "tono de fax, por favor"), Correo Electrónico: [email protected] / [email protected]

Lic. Mario Marin
Gobernador del Estado de Puebla
Palacio de Gobierno, Av. Reforma 711 Altos Col. Centro Puebla 72009 Zamora 169 despacho 2B Colonia Condesa, C.P. 06140, México D.F. Tel/Fax. 5212 2229/5212 2230 http://www.prodesc.org.mx/ 3

BELARUS: On January 14, 2011, six representatives of the committee for state security (KGB) presented a search warrant and entered the Minsk office of the IMF affiliate Belarusian Radio and Electronics Industry Workers’ Union (REP). Having collected all mobile phones of the employees at the time of the search, the authorities also confiscated computers, hard drives, other electronic storage media and some documents owned by the union.

The search warrant was issued by the deputy prosecutor of Minsk. According to Gennady Fedynich, REP Chairman, the warrant read that, "in the course of an investigation of a criminal case, operative information was received indicating that the electoral headquarters of the former presidential candidate Sannikov was located in the office of REP at Kuhlman str. 4, which therefore could contain instruments of crime, and documents and valuables that may be relevant to the investigation into the mass riots."

Explanations that the property actually belongs to the union and has nothing to do with the headquarters of the presidential candidate were ignored. The search was conducted very thoroughly, and the chairman’s office was searched for about two hours. Following the confiscation of union equipment and records, the work of the trade union is almost completely paralyzed.

REP declared they will appeal the actions of the KGB in the prosecutor’s office. Gennady Fedynich explained that, "several activists of trade unions took an active part in the recent election campaign and were agents of various presidential candidates. However, that does not mean that the union’s office was the headquarters of one of the candidates. All the more this is not a basis for the search," said the chairman of REP.

Since December 19, 2010, when the peaceful rally in Minsk was broken up by the use of militia forces, the situation with human rights has seriously deteriorated in Belarus. About 10 union members who participated in the rally to express their civil position were arrested and sentenced to 10 to 15 days in prison. After their release they have continued to face pressure from KGB through the administration of the enterprises where they work.

IMF sent a letter to the A. Lukashenko President of Belarus and urged him to stop the anti-union repressions and punish those responsible for these massive violations of trade union rights. IMF calls on all its affiliates to also send letters to protest against these flagrant violations of trade union and human rights in Belarus.

Please send your letters of protest to A. Lukashenko, the president of Belarus,
at: [email protected]

With copies to:

Public prosecutor’s office of Minsk,
220004, Minsk, Rakovskaya str. 38
[email protected]
Tel. 306-23-53, 306-24-58

Please also copy the Belarusian embassy in your country.

Also send a copy of your messages to the IMF at: [email protected]

UPDATE: Early in the morning of January 21 Gennady Fedynitch, REP chairman and Nikolay Gerasimenko, REP press-secretary, were interrogated separately by officers of militia regarding their participation in the mass riots in Minsk on December 19, 2010. They were both released after the interrogations; however Gennady was promised this was not his last visit.

The same morning Zinaida Mikhniuk, REP deputy chairperson for Brest region, was summoned for an interrogation to KGB in Brest.

Late in the evening of January 20 IMF affiliate SPM received a fax from the Ministry of Justice requesting that within five days it provides the list of SPM primary organizations, their structure, membership, leaders’ names and information about affiliation fees. No other affiliates of the Congress got similar requests. SPM believes this information could be used against local union leaders and local organizations and is not going to provide it.

PERU: An accident occurred at the Toquepala mine, owned by Grupo México, on January 13, costing the life of Andrés Larico Mamani, a member of the SUTOTA union, affiliated to FENAMEPSICOP, a federation affiliated to the International Metalworkers’ Federation.

Jorge Campos Arena, SUTOTA leader and employed at the mine said: "The accident occurred in excavation area 5. Komatsu 930 dumper truck number 23 fell 16 or 17 levels down the mine after the ground gave way under the weight of the truck as Andrés Larico positioned it ready for loading, close to the edge of that level. Each level is 15 to 17 metres high, so we are talking about a fall of 250 metres," explained Campos.

The union leader said his shift started one hour after the accident and, in his capacity as union leader, he demanded to be taken to the area of the tragedy, but the company refused. Campos said that he continued to insist but was not allowed access. The union regrets the company’s decision to prevent its participation in the search for the body of their work colleague. The company informed the union of the incident eighteen hours after it happened.

SUTOTA later submitted a request to the Labour Commission of the National Congress, demanding a detailed investigation of the case. "The accident happened because of a landslip from an area that had experienced repeated rock falls, a sufficient reason to conclude that it was the result of unsafe conditions and therefore entirely the responsibility of Southern Peru Grupo Mexico," said the union.

The IMF and SUTOTA request that those responsible for the fatal accident are brought to justice and that Grupo México guarantees the safety of its workplaces. The IMF regrets that once more a worker has lost his life because of unsafe working conditions and that the union is being prevented from having a role in the investigation of the accident.

The victim’s body has still not been recovered. The union said it, "will not allow our colleague to remain buried in the mine and we will go on strike if the company does not try to recover the body."

TUNISIA: Thousands of young people, working women and men are joining in a spontaneous movement in the streets of all towns of Tunisia. Police repression has caused casualties whose number, like that of the injured, is growing at a frightening pace.

The metalworkers of FGME-UGTT together with the entire trade union movement of Tunisia, have asked for an immediate end to the repression. They’ve asked for more freedom and democracy, for the liberation of imprisoned protesters and a transparent investigation on the police use of fire arms, and for a bona fide dialogue on concrete measures to create jobs and to combat poverty and inequalities.

Appeals to strike have been launched by the FGME together with UGTT in many regions.

The Tunisian Government announced the release of all imprisoned protesters and a new Minister of Interiors, but at the same time sent the National Guard with tear gas against the many spontaneous demonstrations.

"In Tunisia workers are asking for decent work and the respect of fundamental rights. The aspiration to development and a transparent democracy of the population cannot be repressed by police measures," said IMF General Secretary Jyrki Raina.

"Together with all the global unions the IMF will continue supporting the legitimate demands of FGME-UGTT and all Tunisian workers and their struggle for democracy," added Raina.

MEXICO: A national assembly of the Mexican Miners’ Union (SNTMMSRM), held on January 10 and 11, reiterated the entire union’s support of its current industrial and political direction as it prepares itself for the global days of action, February 14 to 19, calling for trade union rights in Mexico.

Resolutions adopted by the assembly included continued support for the union’s exiled General Secretary Napoleon Gomez Urrutia and unanimous support of the four ongoing strikes at Cananea, Zacatecas, Taxco and Guanajuato.

The Miners’ national assembly stated that "effective solidarity is the best tool to strengthen the unity, which gives us the strength and power to transform reality for the benefit of workers and the people", and welcomed the forthcoming global days of action on Mexico.

Calling for trade union rights in Mexico, the global days of action are taking place from February 14 to 19, which coincide with the fifth anniversary of the deaths of 65 miners at the Pasta de Conchos mine disaster on February 19, 2006.

The International Metalworkers’ Federation (IMF), International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), International Transport Workers’ Federation (ITF) and UNI Global Union have called on their affiliates to take action in support of the Mexican Miners’ Union and the other independent unions in Mexico this February.

Since 2006 the Mexican government has escalated its illegal and violent attacks on the Mexican Miners’ Union and has systematically and repeatedly violated Mexican law and international standards in an attempt to crush the union.

The Mexican Miners’ Union is not alone. The few other genuinely independent trade unions seeking to improve the lives of Mexican workers have also found themselves increasingly under fire.

This February 14 to 19, trade union organizations around the world are taking action and calling on the Mexican government to:

1. Hold employer and government officials accountable for the Pasta de Conchos mine explosion that killed 65 miners on February 19, 2006,
2. Abolish systemic violations of workers’ freedom of association, including employer-dominated "protection contracts" and interference in union elections,
3. End the use of force-by the state or private parties-to repress workers’ legitimate demands for democratic unions, better wages and working conditions, and good health and safety conditions, and
4. End the campaign of political persecution against the Mexican Miner’s Union and the Mexican Electrical Workers’ Union.

On January 21, additional background information, leaflets, protest materials and press kits will be made available on the IMF website at: www.imfmetal.org/mexico2011

To find out more and participate in the action please contact: [email protected]

SOUTH KOREA: The International Metalworkers’ Federation joins with the Korean Metal Workers’ Union (KMWU) in calls for international support for the ongoing irregular workers’ struggle at GM Daewoo in South Korea. On December 1, 2010, two members of KMWU’s GM Daewoo Irregular Workers’ Chapter climbed the arch that stands 10 metres above the entrance of the factory in Bupyeong and began a high-altitude sit-in protest. In addition, Sin Hyeon-chang, President of the GM Daewoo Irregular Workers’ Chapter, began a hunger strike, camping out overnight near the factory.

The precariously employed workers are demanding union recognition at the plant and the reinstatement of workers dismissed as a means to break the union and the regularization of employment at GM Daewoo. The right of workers to form and join trade unions of their choosing is protected under the South Korean Constitution, a fact which GM Daewoo is ignoring. Moreover, the Korean Supreme Court recently recognized that workers employed by in-house subcontractors for more than two years should be considered directly employed by the company for which they actually produce.

The management of GM Daewoo has refused to address these issues and continuously rejects requests by the KMWU for negotiations. The company has also rejected requests for a meeting by a support committee composed of local civil society organizations. In addition, police officers stationed near the protest site have prevented supporters from lifting weatherproofing equipment up to the workers situated on the arch. They are now suffering from hypothermia and frostbite in what may be a life-threatening situation.

IMF has written to the GM Daewoo management in Korea (see letter on website here), demanding it meet and negotiate with the KMWU and regularize the employment of the subcontracted workers at the plant.

The KMWU asks for messages of solidarity to be sent to: [email protected] and [email protected].

Send letters of protest demanding GM Daewoo negotiate with the workers and address their demands to:
GM Daewoo President Mike Arcamone,
199-1 Cheongcheon-dong,
Bupyeong-gu,
Incheon City,
403-714,
Republic of Korea
[email protected].

Please send copies to [email protected] and [email protected] and [email protected]