Union victory at Teksid Mexico

Los Mineros, affiliated to IndustriALL Global union, won a resounding victory when almost 80 per cent of Teksid Hierro workers voted in favour of it being the sole legal representative of the collective bargaining agreement at the company.

The results of the vote were published on 20 September, Mexico's National Day of Trade Union Democracy. The day before, workers had been able to exercise their right to freedom of association and vote freely, secretly and directly on which union to represent them.

642 votes were in favour of Los Mineros, with only 172 in favour of the CTM union and two invalid votes. The counting of votes was carried out in the presence of representatives of the two participating unions, the Federal Conciliation and Arbitration Board (JFCA) and a representative from the National Human Rights Commission.

“This manifestation of the comrades at the ballot box is a conclusive and definitive proof of the firm conviction that the Mineros (Section 327) is the holder of the collective bargaining agreement.
“This vote and the results obtained put an end to a long struggle of uncertainty, violations of trade union freedom (…) A further step towards the transformation of the trade union world is guaranteed, the company and employers' structure that prevented and limited trade union action has been dismantled,"

Los Mineros said in a statement.

Since 2014, Los Mineros' attempts to establish a democratic workplace union have been met with unionbusting.

A first ballot was held in 2018, where workers elected Los Mineros as their sole legal representative of the workers' collective bargaining agreement at Teksid. However, it was only in July 2022 that the company signed an agreement recognizing the victory of Los Mineros. This agreement was made possible by invoking the Rapid Response Labour Mechanism (RRM) of the Mexico-United States-Canada Free Trade Agreement (T-MEC).

And yet, the Sindicato de Trabajadores de la Industria Metal-Mecánica del Estado (STIMME, of the Confederación de Trabajadores de México, CTM) ignored the agreement and asked the JFCA for a new vote to decide which union would represent workers at the Teksid plant.

"This vote for freedom of association not only concludes an eight-year long struggle, but is also a good example of international cooperation and solidarity,"

says IndustriALL automotive sector director Georg Leutert.

Union leaders from Latin America discuss how to stop gender-based violence

Armelle Seby, IndustriALL Global Union’s gender director, spoke about the IndustriALL’s campaign to stop gender-based violence, explaining that the campaign recognizes that no other union goal – such as decent work, safe workplaces and equal pay – can be achieved without first bringing an end to gender-based violence.

She added that securing the commitment and support of male union leaders was a key part of the campaign:

"We need the support of both men and women leaders if we are to end gender-based violence. ILO Convention 190 on violence and harassment came about in large part because of the remarkable leadership and vision of women union leaders around the world.
“But men also have a key role to play as agents of change. They can help to change patriarchal systems and ensure that relevant trade union policies and strategies are adopted. With our campaign, we must continue to build on the inspiring examples we have seen of women and men who are committed to ending gender-based violence."

Laura Carter, IndustriALL's assistant regional secretary and regional gender officer, said that, as part of the campaign, IndustriALL was also running a series of regional workshops on gender-based violence.

"The aim is for those who attended the workshops to become vectors of change in their organizations and workplaces and for them to help develop policies on ending gender-based violence in their unions. So far, we have trained 90 workers, including 20 men, in the region,"

said Carter.

Union leaders shared their experiences of successful union initiatives and discussed strategies to end gender-based violence in the workplace and within the union movement.

They heard, for instance, from Jayson Little,USW Canada, who participated in a union training programme called "be more than a bystander", which taught men what to do if they witness gender-based violence.

Marta Zaldaña, who works in the textile sector in El Salvador, spoke about her experience of harassment and reporting it to her union. She said that previously unions did not know what to do in such cases, but now they have updated their regulations, developed policies and begun providing training on how to respond in order to stop violence and harassment within unions.

Igor Díaz, from Colombia’s mining sector, spoke about various instances of harassment at his company. In these cases, the union had intervened; it had also reformed its regulations and now had a women’s department to deal with these issues.

Christine Olivier, IndustriALL assistant general secretary, said:

"The fight against inequality and gender-based violence is a fundamental part of our work, and, as a global union, IndustriALL has a responsibility to take action.
“We have to do more than simply condemn such violence – we have to use all of the resources available to us. In our workplaces, communities and trade unions, we all have to protect women's rights, take action and be part of the fight. In 2017, we made the commitment to fight gender-based violence – we now have to implement the action plan to make that happen.”

Indian court rules in favour of General Motors employees

In December 2020, General Motors India ceased production at its Talegaon plant rendering more than a thousand workers jobless. Production was shut down, despite the government rejecting the application for closure of the plant.

General Motors Employees Union, affiliated to IndustriALL through Shramik Ekta Mahasangh, filed a complaint before an industrial court against the unfair labour practices of the company, which illegally retrenched 1,086 workers in July 2021.

The industrial court ruled in favour of the union in January 2022, directing the company to pay 50 per cent of the salary to workers from April 2022 until a final decision is made regarding the complaint.

General Motors India refused to implement the court order and challenged it in Bombay high court. On 12 September, the high court dismissed the petition.

Sandeep Bhegade, president of the General Motors Employees Union, says:

“We are very pleased that the court has ruled in our favour, but our fight doesn’t end here. 1,086 workers have not received any wages since July 2021. The company has refused to follow the directive of the industrial court to pay 50 per cent wages to workers.”

Apoorva Kaiwar, south-Asia regional secretary of IndustriALL, says:

“IndustriALL stands firmly with General Motors Employees Union in its struggle to protect workers’ rights. We call on General Motors India to immediately implement the court directive.”

Solidarity with locked out workers at Ash Grove, Canada

Even though the collective bargaining was still ongoing, members of Local 177 were illegally locked out on 22 May, 2021. The legal lockout started on 3 June.

And the dispute is continuing, despite several bargaining sessions. The employer is attempting to extract numerous concessions from the Local’s members, particularly on the issue of subcontracting, all within a context where dozens of members stand to lose their jobs due to the closure of two out of four kilns.

Despite a severe lack of cement with rising market prices and a shortage of labour, Ash Grove refuses to use a recall list of current employees, which would allow workers to access other jobs in the company. Instead, the employer is using labour agencies and subcontractors.

In July, Daniel Cloutier, Unifor Quebec director, denounced the government’s lack of action in this dispute, arguing that through its inaction the government is facilitating the production of “scabbed cement” and setting itself at odds with its own anti-scab legislation by helping to prolong the conflict.

Alexander Ivanou, IndustriALL director of materials industries, says:

“This conflict has dragged on for far too long at the expense of the members of Unifor Local 177. Together with the CRH global union network and EWC, IndustriALL stands in solidarity with the workers. The union busting must stop immediately and management must return to the negotiation table.”

Photo credit: Unifor Local 177 Facebook page

Glencore must be consistent in respecting workers and human rights globally

Glencore is amongst the multinational companies that are benefiting from the commodities boom linked to decarbonization. With operations in 35 countries, Glencore trades in over 60 commodities, including metals and minerals like copper, cobalt, zinc, and nickel that are in high demand for use in the manufacturing of electric vehicles. Glencore also has coal mines which are facing closure as part of climate change mitigation to reduce carbon emissions.

In South Africa, the commodity trading multinational, which is listed on the London Stock Exchange and Johannesburg Stock Exchange, has the ferroalloys division, which mines and markets chrome ore, ferrochrome, manganese alloys and vanadium. The coal division produces thermal coal for domestic power generation and export.

The unions, part of the IndustriALL Glencore network, met to discuss the battery supply chain and just transition, and scrutinized Glencore’s policies on human rights, responsible sourcing, and the environment. The meeting recommended a gender responsive approach to just transition.

The roles of voluntary standards and assurance in the mining sector were discussed with a special recognition given to the Initiative for Responsible Mining Assurance (IRMA) for including workers’ rights.

Speaking at the meeting, Japie Fullard, Glencore FerroAlloys South Africa chief executive officer, said the company is involved in youth and women empowerment and provides support for enterprise development and financed community infrastructure. He said Glencore is committed to the implementation of the national strategic plan to end gender-based violence and femicide, and over 13,000 sanitary pads were distributed to girls in communities where it operates. Glencore is developing a just transition plan for its alloys and coal divisions.

The National Union of Mineworkers, the National Union of Metalworkers of South Africa, and UASA, all affiliated to IndustriALL, commended Glencore for the initiatives, but said the company should also implement the same policies in the coal division. The unions said Glencore’s policies are inconsistent as they differ between operations and countries. They argued that this led to doubts on its commitment and called upon the company to change its corporate behaviour through social dialogue.

Although Glencore has reporting systems in place, unions said workers were victimized after reporting discrimination, creating an environment of fear as workers were not protected after lodging complaints. Instead, they were charged with “misconduct.” Unions stressed on the need for better industrial relations at Glencore as the human resources departments were hostile to workers.

In Latin America, IndustriALL affiliate Sintracarbon is advocating for an integrated just transition plan that protects workers, communities, and the environment.

Glencore’s Colombian coal mine Cerrejón, one of the largest open-cast coal mines in the world, is slated to close in 2034, yet the mandatory mine closure plan is not in place. Based on the experience of Glencore’s recently relinquished Prodeco mines, workers and communities fear they will be left with a legacy of unresolved social and environmental problems.

Laura Carter, IndustriALL assistant regional secretary for Latin America and the Caribbean, says:

“Sintracarbon continues to fight to defend the rights of workers at the Glencore mines that face a litany of ongoing violations. These include mass dismissals because of unilaterally imposed shift changes, health and safety problems, and anti-union behaviour.”

Glen Mpufane, IndustriALL mining director says:

“Glencore must respect workers and human rights globally and implement environment, social, governance due diligence measures. A gender responsive approach by the company will end the precarious working conditions for women from subcontracted companies.”

The meeting was attended by 20 participants and held with support from the Friedrich Ebert Stiftung Trade Union Competency Centre for Sub Saharan Africa.

Photo: members of Sintracarbon at the Cerrejón mine, Colombia.

A worker from Madagascar who is part of global efforts to save endangered species

One such environmental worker is Hajanirina Rakotondrainibe whose special responsibilities include looking after endangered plants and wildlife at Ambatovy’s Moramanga mining site. Ambatovy, which mines nickel and cobalt, is said to be the country’s largest ever foreign investment.

Haja, as he is affectionately known by his workmates, takes pride and beams when he talks about being part of the national and global efforts to protect the endangered species, the lemur, and other wildlife in Madagascar whose habitats are threatened by mining activities.

“I am a wildlife veterinarian mainly responsible for fauna management. As the mine cuts down forests to carry out mining activities; we are at the same time developing wildlife conservation programmes to restore the vegetation that is destroyed.

“In these forests you have species like lemurs, an endemic primate found only in Madagascar. We have about 120 species of lemurs ranging from 40 grammes to about 7 kgs, and each species is specific to a region and type of forest habitat.

“Lemurs are attracting global interest and many researchers come to Moramanga for information on these primates. Sometimes I accompany the researchers to many forests across the island, and this gives me the opportunity to travel to other parts of the country and learn more about my work.”

Besides protecting the lemurs and the plants, Haja is a staunch trade unionist and a member of IndustriALL Global Union affiliate, SVS:

“I have worked at Ambatovy for ten years, and I am active in my union, which I have represented in the enterprise committees.”

Haja is one of the participants who discussed the inclusion of workers’ rights, women’s rights, health and safety as well as environmental protection in the revised mining code at a meeting in Antananarivo 25-26 August.

Glen Mpufane, IndustriALL director for mining says:

“When we talk about sustainable mining, it is also about environmental conservation, sustainable ecosystems that includes communities and biodiversity, and calls for mining companies to adhere to environmental protection practices. The work that Haja is doing at Ambatovy confirms that workers are playing a crucial role in protecting endangered species in Madagascar.”

According to experts, lemurs are important because they are the world’s oldest living primates and are only found in Madagascar. Lemurs also disperse seeds and help in pollination that is essential to forests.

Scientists argue that lemurs, whose DNA is over 90 per cent like that of humans, could have originated from the same ancestor as the human family.

Scientists consider Madagascar as a biodiversity hotspot, with some species of wildlife only found on the island. To protect them from extinction, these species habitats must be saved, hence calls for sustainable mining. Thus, environmental protection must be included in Madagascar’s mining code say unions.

International Equal Pay Day

According to the ILO’s Global Wage Report 2020–21, the impact of the pandemic has disproportionately affected total wages of women compared to men. This greater wage reduction for women means that the already existing gender pay gap risks being widened.

Furthermore the projected deepening of the current cost-of living crisis is according to the WEF, Global Gender Gap Report 2022, also likely to impact women more severely than men, as women continue to earn and accumulate wealth at lower levels.

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Gender pay is a result of multiple factors.

The principle of equal remuneration for men and women for work of equal value is set out in the ILO Equal Remuneration Convention 100 and in the Discrimination (Employment and Occupation) Convention 111. Both instruments aim at eliminating discriminatory practices, including discriminatory pay practices, in the world of work.

As highlighted in a recent ILO report, the need to address the gender pay gap is no longer a debate – but rather the question is rather how.

Pay transparency measures can be effective in identifying existing pay differences between men and women, and as such be vehicles to address the gender pay gap.

Collective bargaining, gender neutral job classification and evaluation, raising the wage floor, and ensuring fair and inclusive career development for women are other ways and means that unions are using to close the gender pay.

IndustriALL affiliates are taking action! We need gender equity now!

IndustriALL forms a union network in the semiconductors industry

Opening the meeting, Christine Olivier, IndustriALL assistant general secretary welcomed the participants and pledged IndustriALL’s support to building a global union network in this fast-evolving industrial segment of semiconductors.

“We need to pull all our energy together, workers, semiconductors multinationals and their supply chain should join together in solidarity to implement strategies that will make trade unions powerful.”

Semiconductor-producing companies are not equally distributed in the world. About 75 percent of semiconductor manufacturing facilities are located in China and East Asia. At the same time, over 90 percent of the cutting-edge semiconductor manufacturing capacities are located in Taiwan, and another 8 percent are in South Korea. This setup of the industry was relatively economically profitable for big players, and functioned for many years, but contained a lot of risks that could disrupt the entire supply chain.

The inevitable disruptions started after the pandemic and the sharply increased demand for home electronics in time of lockdowns, and the restart of the automotive industry. The semiconductors producers could not satisfy the sharply increased demand. The geopolitical tensions, further pandemic restrictions in China and the economic slowdown in the main consuming countries of EU, North America, and China resulted in these governments’ decision to prevent themselves from troubles in the future and develop their own production of semiconductors. Governments announced of generous distribution the investment tax credits and money in the semiconductors industry hoping to achieve leading positions and strong dividends in the future. Close to US$1 trillion in investments were announced just in Europe and US combined. Other important investments in the industry were announced by Japan, India, China, South Korea, and Taiwan. These investments were topped by the biggest chipmakers such as TSMC, Intel, Samsung, Micron, Texas Instruments, and others.

Alejandro González, a researcher at the Centre for Research on Multinational Corporations, SOMO spoke of the social and environmental risks in the semiconductors industry using a lot of water resources as well as hazardous chemicals presents health risks for workers handling them.

Jan Brauburger, policy adviser at IndustriAll Europe explained the situation in the European chips industry and current challenges and policies.

The participants of the meeting identified numerous problems and challenges faced by semiconductor workers including poor working conditions, discrimination of migrant workers, violence, harassment and discrimination at work, lack of respect for freedom of association, union busting, lack of information on health hazards including metals and their combination, as well as some unresolved ergonomic issues and others.

“This meeting was the first step, and we see a clear interest from our affiliates. We will build on previous experience from earlier created networkers of NXP and ST Microelectronics and address the identified challenges in the order of priority. By the next meeting, we will finalise the collecting of information on the presence of our affiliates in the semiconductor industry and its supply chain. We will work together on further organising efforts in order to build strong trade unions in this strategic segment of the electronics industry,”

said Alexander Ivanou, IndustriALL director for ICT, Electrical, and Electronics.

Responsible business not possible in Myanmar: report

The report, commissioned by the Ethical Trading Initiative (ETI), finds that it is impossible for brands to conduct due diligence in Myanmar and adhere to globally recognized responsible business standards. The ETI is a multi-stakeholder body, made up of trade unions, NGOs and companies. Members of the ETI include H&M, Inditex, Primark, Lidl and New Look, companies which have maintained production in Myanmar despite repeated calls by local unions and IndustriALL to divest.

The report highlights that the military regime perpetrates crimes against humanity and has a track record of human rights abuses, including forced labour, child labour, gender-based violence and war crimes. Within 14 days of the coup in February 2021, the regime changed the law to suspend human rights and track and detain dissidents.

In this context, it is not possible for global brands to perform due diligence. There is no freedom of association: trade unions and other workers’ organizations cannot function, even at factory level, and the military regime has actively tried to dismantle the trade union movement and other democratic structures. Trade unions have been banned, and 301 union leaders have been arrested, 55 have been killed, and there are arrest warrants for 27 union executive committee members.

Forced labour is widespread, including forced unpaid overtime which requires workers to travel home after curfew, putting them in danger from the military, police and criminal gangs. There is at least one reported case of a woman worker being raped on her way home from work. The situation is exacerbated by a rapidly expanding incidence of precarious work and collapsing wages, which leaves even those in full time employment unable to meet their needs.

There is no access to remedy, because the activities of the ILO and other UN agencies and international bodies have been severely curtailed. Many organizations, including the ACT initiative, have ceased operating in Myanmar, and Western governments have restricted their activities. International brands have no leverage with the military regime.

There is widespread corruption, with workers having to bribe officials to get jobs, and instances of factory owners bribing security forces to intervene in labour disputes and intimidate workers. The cost of these bribes was subtracted from workers’ pay.

The military junta’s growing control of the economy, and entry into more sectors, means that it is impossible for the textile and garment sector to isolate itself from the rest of the economy. In particular, much of the transport and logistics infrastructure is controlled by the military, which also has growing interests in real estate, banking and utilities.
Brands that continue to source from Myanmar will be violating established international due diligence instruments, may be violating laws such as the German due diligence law and the EU law on forced labour, and may be breaching sanctions. The report warns that these brands will face reputational, financial and legal consequences.

The economy of Myanmar has already contracted severely due to the military declaring war on its own people. The exit of global brands from Myanmar will cause further job losses, and global brands need to negotiate a responsible exit from the country, including paying compensation to workers.

IndustriALL general secretary Atle Høie said:

“We have been very patient in waiting for this report to confirm what we have been saying for a year already. There are now no more excuses: this report comprehensively shows that there is no way to conduct business responsibly in Myanmar. Those brands which are still operating in the country need to open negotiations for a responsible exit now.”

Violent attack against Myanmar unionists

The unionists were arrested on their way to a peaceful a protest, calling on the United Nations to recognize the National Unity Government of Myanmar and its permanent representative at the UN, U Kyaw Moe Tun.

A group of security officers in plain clothes appeared, using sticks to beat the protestors and firing a few shots.

29 protestors were arrested, including a few student and youth activists. Daw Zuu Zuu Ra Khaing and Daw Yamin Kay Thwe Khaig from IWFM, U Nay Min Tun and U Than Aung from Building and Wood Workers Federation of Myanmar (BWFM), and the driver of the Confederation of Trade Unions of Myanmar (CTUM) U Than Zaw, were among the 29.

CTUM president Maung Maung has issued a press statement condemning the inhuman and cruel attack, expressing his respect for the revolutionary comrades who are devoted to the non-violent democratic struggle.

“We demand that the illegitimate junta releases all protestors immediately. The international community must take action quickly, or the protestors will be interrogated and tortured by the military. Please support the democratic struggle of Myanmar workers; a peaceful protest is not a crime,”

says IWFM president Khaing Zar.

This is not the first violent attack against IndustriALL members in Myanmar. The junta killed a member of Mining Workers' Federation of Myanmar (MWFM), Chan Myae Kyaw, in March 2021.

Five months ago, a military vehicle rammed into a taxi carrying unionists, CTUM staff Khaing Thinzar Aye and IWFM member Ei Phyu Phyu Myint are still detained.

"The Myanmar junta must stop oppressing the people and workers. We wholeheartedly support the demand of the protestors that the NUG must be recognized at the 77th session of the United Nations General Assembly,”

says IndustriALL general secretary Atle Høie.

The 77th session of the UNGA is convening on 13-26 September. Together with other global unions, IndustriALL is urging the credentials committee and the general assembly to recognize NUG as the legitimate government.

IndustriALL is continuing its campaign for comprehensive economic sanctions against the Myanmar junta and that companies divest from Myanmar.