Using global framework agreements to organize

IndustriALL textile and garment director Christina Hajagos-Clausen says that the agreements contain a wide range of provisions to improve working conditions and to protect workers’ rights, especially on freedom of association:

"GFAs are instrumental in resolving conflicts and strengthening workers’ voices. In addition they are a instrumental tool for our affiliates to  increase union representation along the supply chain."

On 29 January, 36 trade union representatives from Indonesia’s textile and garment sector met in Jakarta to learn more about how to effectively implement global framework agreements.

Participants committed to continue mapping trade union density and collective bargaining coverage in the supplier factories of GFA brands, like H&M, Inditex, Tchibo, Esprit and Mizuno.

The results of a preliminary mapping, had identified that Garteks, SPN, FSPTK, GSBI and FSPTSK had established unions at 38 out of the 106 GFA suppliers in Indonesia. The union leaders discussed organizing plans to target the remaining non-unionized suppliers.
 

“The GFAs have evolved over the years, the latest features include setting up national monitoring committees in 6 countries with H&M, the establishment of a global union committee with Inditex and a GFA online app with ASOS. Trainings like this can help our Indonesian affiliates to increase union representation,”

says Christina Hajagos-Clausen.

According to SPN and Garteks, when textile and garment employers became aware of workers attempting to form a trade union, the union leaders were immediately demoted and refused approval for their overtime.

“It is not easy to overcome anti-union discrimination as authorities are slow in taking actions against employers violating labour laws. GFAs will be a useful instrument to negotiate with factories and organize more workers,”

says Trisnur Priyanto, Garteks general secretary.

IndustriALL’s regional secretary Annie Adviento says the GFA workshop aims to enhance union leaders’ knowledge on the agreements, and more trainings will be provided to strengthen Indonesian affiliates’ capacity to organize textile and garment workers.

Unifor maintains refinery blockade as lockout approaches second month

The refinery is owned by Federated Co-operatives Limited (FCL), who have tried to keep the site operational and protect fuel supplies to local co-ops in Western Canada by using scab labour, sometimes using helicopters to fly in supplies and staff. Union members have blockaded the refinery gates and attempted to stop traffic. FCL has tried to break the blockade with court orders, which union members have defied.

After the union refused to accept a major downgrade of the pension scheme, negotiations broke down and workers were locked out on 5 December. Unifor, an IndustriALL affiliate with 315,000 members, argues that FCL, which reported a CA$ 959m profit in 2019, can afford to maintain the current pension scheme.

Unifor members blockade the refinery

Photo: Unifor 594

Unifor, which is calling for a boycott of co-op businesses, put out a call to its members to support the picket line and blockade the refinery. Secondary pickets were set up at co-op businesses across Western Canada. FCL obtained an injunction against the union, limiting the blockade to ten-minute periods. On 20 January, Unifor national president Jerry Dias and 13 other union members and officials were arrested for taking part in a blockade that the police called illegal.

The arrested trade unionists were later released, and are awaiting trial. IndustriALL general secretary Valter Sanches sent a letter to Jerry Dias, saying:

“IndustriALL Global Union urges the Regina police to refrain from resorting to heavy-handed tactics, which have included the arrests of peacefully demonstrating Unifor members. The police should respect fully the right of workers to protest the shameful behaviour of the Co-op Refinery.”

After a separate incident, Unifor was found to be in contempt of court and fined CA$ 100,000. The union has condemned the unprovoked arrest of its members by the police, and the support for the employer from right-wing politicians of the ruling Saskatchewan Party.

Photo: Unifor 594

On 29 January, Unifor was issued with another contempt order because of the blockades. The union said it would remove the blockades if FCL returned to the bargaining table. The company has agreed, and a meeting is scheduled for 31 January.

Jerry Dias said,

“Unifor has always been deeply committed to bargaining a fair contract for refinery workers, but this is the first move we have seen that suggests FCL is interested in getting a deal.”

IndustriALL assistant general secretary Kemal Özkan said:

“Co-ops are supposed to offer a different business model, based on respect for the community and a commitment to co-operation. But through its behaviour, FCL is showing it is as bad as any union-busting multinational.

“FCL can afford to pay its workers a decent pension. It must return to the bargaining table and finalize an agreement with Unifor.”

Photo: Unifor 594

Indonesian unions reject Omnibus bill

Speaking at the National Symposium on Trade Unions’ Response to Omnibus Bill on 28 January in Jakarta, IndustriALL Indonesian Council chairperson Iwan Kusmawan criticized the government’s intention to rush through the bill, which will sacrifice workers’ interests. He called on the government to consider the demand of millions of Indonesian workers, or risk further street protests.

More than one hundred union representatives from IndustriALL’s eleven Indonesian affiliates, as well as four other federation and confederation leaders, participated in the symposium.

The secrecy over the Omnibus bill on job creation is frustrating union leaders in Indonesia. The general secretary of the Federation of Chemical, Energy, Mining, Oil and Gas Workers’ Union (FSP KEP) Bambang Surjono, said:

“The government has failed to provide information on the bill. We request the parliamentary committee to invite us for discussions before Parliament tables the bill.”

The president of Lomenik, Eduard Marpaung, added that the comprehensive bill was contradictory in nature; integrating manpower in the Omnibus bill with the primary objective of stimulating investment, would certainly lead to labour flexibility and reduced workers’ welfare.

“According to our constitution every citizen should have the right to work and earn a humane livelihood. Any employment policy must ensure protection of jobs and social security; labour is not commodity,”

said Marpaung.

IndustriALL South East Asia regional secretary Annie Adviento urges the Indonesian government to respect workers’ voices and immediately withdraw the bill.

“Political stability is a top concern of foreign investors; the backlash shows the controversial bill could end up causing more social unrest.”

Union to negotiate with Glencore over retrenchments at South African smelter

The meetings will discuss the notice given to NUMSA by Rustenburg Smelter which says, “the business is no longer financially viable.”

NUMSA says it will go into the consultations to save the 665 jobs that will be lost if Rustenburg Smelter is closed. The management at the smelter, which is owned by Glencore (79.5 per cent) and Merafe (20.5 per cent), said in a notice to NUMSA that the smelter is no longer profitable and is operating at a loss.

This is due to aging technology, expensive energy which accounts for 30 per cent of production cost from power utility Eskom, as well as other subsidies paid by industrial customers to Eskom. Further, the introduction of a carbon tax, increased transport and other import costs have contributed to the loss. The company also says that producing ferrochrome in South Africa is more expensive than in other countries.

Phestus Motshabi, NUMSA’s local secretary for the Rustenburg local said:

“We are still waiting for the announcement of the dates by the CCMA when the mediation will begin, and will do our best to save as many jobs as possible and urge the management to approach these discussions in good faith. They must fully disclose so that we can work together to find solutions. The working class is clearly under attack because workers in many sectors of our economy are being served with retrenchment notices.”

Glen Mpufane, IndustriALL director of mining said:

“We hope that a solution will be found that involves saving jobs and that the ongoing negotiations with Glencore will come up with an amicable way forward for the union and the company. Mining companies shouldn’t be too quick to retrench workers when market conditions are tough but should first explore options to preserve jobs.”

According to the Department of Mineral Resources and Energy, South Africa is the world’s largest producer of chromite and ferrochrome in the world with reserves over 72 per cent. Most of the ferrochrome is sold to China which is growing its own industry in the metal. China also buys chrome from other countries.

Pakistan mine safety crisis continues

A coal miner was killed as a trolley filled with coal hit him in the Duki area of the Baluchistan province on 27 January. In the same area a few days earlier, on 23 January, a worker was killed and five others were trapped in the mine after a landslide.

These accidents followed a violent start of the year for Pakistan’s coal miners.
On 3 January one miner died, and two were seriously injured at the Margat coal field. Barely a week later, on 12 January, two young miners were killed in separate mine collapses in Tirah and Darra Adamkhel.

On 15 January a coal miner was electrocuted at work. On 21 January, two coal miners were killed as poisonous gas engulfed the mine following an explosion. And on 22 January, another coal miner lost his life due to electrocution.

Glen Mpufane, IndustriALL mining director, says:

“According to published media reports, more than 430 coal mine workers have been killed since 2010, and this may even be an underestimation.

“IndustriALL is urging the government of Pakistan to ratify and implement ILO convention 176 on safety and health in mines without delay. It is high time Pakistan’s government takes concrete measures to stop the continuing deaths of coal miners.”

IndustriALL is campaigning to end Pakistan’s mine safety crisis and calling on the government to urgently implement the needed steps to improve safety situation in the country’s mines.

Iranian miners fired after protest action

The Chadormalu iron ore mine in the central Iranian province of Yazd employs about 5,000 workers, mostly through a series of independent contractors. On 25 January, 300 workers employed through the independent contractor Bahavand Barad walked out in protest just as their contracts were due to be renewed.

The workers had been planning to form a union to address low wages and an unjust occupational classification plan that discriminates against contract workers. After the walk out, the contractor fired the workers. The protests at the mine are ongoing.

Another group of 300 workers, employed through the Hatami contractor, protested against the incorrect classification of jobs and discrimination between direct and contract workers, which have resulted in a reduction in their earnings compared to direct employees.

They were also protesting against provincial labour department officials siding with the employer. The workers had been waiting for job classification for more than 19 months. When it was applied incorrectly, it resulted in a relative reduction in their pay.

The content of the occupational classification plan for contracted out and direct employees is the same. However, a direct employee with the same qualifications and skill level is paid between 10 and 15 per cent more than a contract worker for doing the same job.

IndustriALL Global Union’s affiliate in Iran, the Union of Metalworkers and Mechanics of Iran (UMMI), released a solidarity statement, saying:

“Neglecting and ignoring the workers’ demands by the provincial authorities and the labour department officials have endangered the livelihood of 300 workers and their families who have been struggling with unemployment and hunger.

“In Yazd, the provincial and labour department officials, hand in hand with the anti-worker employer, do not tolerate the workers’ right to establish their independent trade unions because they intend to impose illegal requests on workers.”

IndustriALL general secretary Valter Sanches wrote a letter of support to UMMI, saying:

“…rather than employing workers directly and taking full responsibility as a main and responsible employer, they resort to a network of human resources companies and contractors that profit handsomely and unscrupulously on the back of workers.

“Therefore, IndustriALL Global Union urges the Iranian government to act without delay to ensure that the Chadormalu Mining & Industrial Co., which owns the Chadormalu mine, reinstate all the workers immediately, stop subcontracting workers and instead employ them directly and guarantee decent working conditions in the mine.”

The mine has faced industrial relations conflicts in the past, with 20 striking mineworkers arrested in 2014.

IndustriALL and Michelin sign agreement for global works council

On 27 January 2020, Valter Sanches, IndustriALL Global Union general secretary, and Florent Menegaux, CEO of Michelin Group, signed an agreement to set up the Michelin Global Works Council.

For Michelin Group, the agreement signed with IndustriALL is a milestone in a process launched several years ago aimed at fostering open, constructive and responsible social dialogue in its operations around the world.

The Global Works Council was created to fulfil the following aims:

The Council will therefore have the following missions:

The Michelin Global Works Council will be chaired by Michelin Group's general secretary Remi de Verdilhac. Fifty council members will be appointed during the month of February in order to properly prepare for the council's first meeting, scheduled to take place on 1 April this year in Clermont-Ferrand, France.

With this agreement, Michelin recognizes the importance of the fundamental conventions of the ILO, the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises. The Group pledges to support and respect human rights and to develop a culture of vigilance on this matter. In particular, Michelin commits to comply with the principles of freedom of association and employee representation, and to protect the rights of employees and union representatives.

IndustriALL general secretary Valter Sanches says:

"Global works councils are a strategic way of involving multinational companies in our action plan. Michelin is a leader in its sector, and the Global Works Council is another step in the process of enhancing industrial relations within the Group."

Michelin Group's CEO, Florent Menegaux, says that:

"The Michelin Global Works Council will allow us to go further when it comes to fostering social dialogue and supporting workers as the company evolves. It will also help us to improve working conditions and strengthen the rights of our workers around the world."

March for justice for victims of Vale’s crime

Photo credit: Coletivo de Comunicação do MAB

25 January marks the anniversary of the collapse of the tailings dam run by mining firm Vale, releasing more than 10 million cubic metres of toxic waste onto Brumadinho, in the state of Minas Gerais. 

On 20 January, the Movement of People Affected by Dam Collapses (MAB) embarked on a 300-kilometre march that will continue until 25 January.

Around 350 people set off from Belo Horizonte. Upon arrival at Minas Gerais Court of Justice, they submitted documents proving that the court has not fulfilled its commitment to bring justice to those affected by mining crimes in the state.

IndustriALL Global Union will join the march on the one-year anniversary and take part in other events organized by the MAB at the Córrego do Feijão mine and in the centre of Brumadinho to pay tribute to the victims and demand justice.

“IndustriALL stands in solidarity with civil society, community and religious organizations, union federations and national mining unions around the world. And we will actively campaign for justice and compensation,”

says Valter Sanches, IndustriALL general secretary.

The Brunadinho disaster is the second time Vale has caused a large-scale tragedy in Brazil. The first time in 2015 in Mariana, also in Minas Gerais, saw a dam burst at a mine run by Samarco, a company owned by Vale and BHP, with catastrophic consequences. 19 people lost their lives as toxic sludge spread along 663 kilometres, reaching the sea.

Earlier this month, prosecutors in Brazil brought homicide charges against the former executive director of Vale, ten civil servants and five individuals from TÜV SÜD, the company responsible for inspecting the dam.

“We applaud the Brazilian prosecutor for heeding the calls from across the impacted communities, trade unions and civil society,” says Glen Mpufane, IndustriALL mining director.

“This is a message to the mining industry to say that business as usual is untenable. But there is another side to this; compensation. Justice will matter, but it won’t put bread on the table for those whose livelihoods have been destroyed.”

In 2018, IndustriALL and Building and Wood Worker's International (BWI) filed a complaint against BHP and Vale SA, under the OECD Guidelines for Multinational Enterprises. The complaint was against the factors that contributed to the collapse of the tailings dam.  

Two years later, the Brazilian National Contact Point (NCP) issues and official statement, refusing to make any specific findings. IndustriALL and BWI expressed their disappointment in the response and said that the NCP had failed in its crucial role as mediator between unions and companies.

"The NCP’s failure to respond to our complaint in a swift and satisfactory manner meant that Vale made no major changes to its operations. Those changes could have prevented the killings in Brumadinho," says Valter Sanches and adds:

"Vale and BHP have still not fully explained why the tailings dam burst.  Unfortunately, the NCP’s response does not hold Vale accountable or provide any reassurance about Vale’s future behaviour."

Iranian oil workers protest unpaid wages

During the protest, workers asked management for assistance and solidarity, shouting “modiriat hemayat, hemayat” ("management, support us, support us").

An excessive use of contract labour creates problems for the workers on several levels. According to the workers, the Khomeini petrochemical complex management contracts an outside human resource company, which in its turn subcontracts workers through other contractors. Depending on the scope of need, several different contractors end up supplying workers at a given time, in a practice common in Iran’s petrochemical sector.

The petrochemical complex has no direct contract relationship with workers, and therefore no financial obligations towards them. Thus, when a contract with the HR company expires, workers are sacked and immediately barred from the site. Often the contractor who has employed the worker disappears without paying due wages. The many levels of employment make it difficult for the workers to claim their wages, as there is little or no protection under existing national legislation.

In addition, the contractor takes a 10-15 per cent cut of the worker’s salary; by the time it is in the worker’s hand less than 50 per cent of the original salary remains. 

In a bid to resolve and improve workers’ conditions at Imam Khomeini petrochemical complex, IndustriALL Global Union general secretary Valter Sanches addressed a letter to the President of Iran, urging the Iranian government "to act without delay to ensure that the Imam Khomeini Petrochemical Complex in Mahshahr stop subcontracting workers and instead employ them directly and guarantee decent working conditions in the plant.”

The Bandar Imam Khomeini petrochemical complex is Iran’s largest supplier of petrochemicals for export, generating millions of tons of petroleum-based products every year.

“Vale have murdered us all”

“As a mother, I die a little bit every day. I'm still stuck in the mud of that dam.” 

On January 25 2019 at 12:28 pm, Andresa Rodrigues lost her only son after Vale’s Corrego do Feijão tailings dam in Brumadinho, Brazil burst. To her this is murder: laws need to be stricter to stop this happening again.

Just months after finding her son’s body, Andresa shared her sorrow and her determination to make sure that no other mother has to live through what she has this past year.

“My son Bruno was incredible, he was my light. 

“I looked for my light for 105 days. 

“He was murdered on 25 January, found on 5 May and buried on 6 May,” she said.

Bruno Rocha Rodrigues with his mother Andresa

Bruno Rocha Rodrigues graduated in 2018 in production engineering. He did an internship at Vale before being hired as a processing technician. He lived with his mother in Mário Campos, a city located close to Brumadinho. On the day of the tragedy, Andresa called her son, but there was no answer. The last time she saw him was on the morning of January 25 when he left for work.

Bruno was very happy working for the company, he loved his job and defended it. 

“I visited his place of work in 2018 and asked him if he was scared to work there and he said no. He didn't suspect that there was any danger.”

Mining tailings after dam collapse in Brumadinho

Vale is a private, publicly traded company, headquartered in Brazil and present in around 30 countries around the world. It’s the world’s biggest producer of iron ore, which is converted by its customers into steel and is a vital part of metal industry supply chains.

Tailings dams: the impact of bad management

Tailings are the solid material plus runoff and water waste remaining after the recoverable metals and minerals have been extracted from mined ore. The physical and chemical characteristics of the tailings vary but are highly toxic and if released into the environment can have devastating effects on the water, fauna and flora. 

Tailings are most commonly stored in surface facilities, which can represent a significant concern at mining operations because of the monitoring and maintenance required to keep them secure. Which is why they have to be managed and secured on a regular basis.

Vale is a member of the International Council on Mining & Metals (ICMM), represented by the CEO. The ICMM established guidelines on preventing the failure of tailings storage facilities, released after the Fundão Dam collapse in Mariana in 2015. 

The ICMM guidelines recognize that companies have a significant role to play in creating a safer and more sustainable mining and metals industry. ICMM members commit to working together, alongside governments and local communities, to improve quality of life beyond the provision of the minerals and metals that sustain modern living.

“Membership is earned. Joining ICMM requires undergoing a rigorous admissions process,” says the statement on admission requirements on the ICMM website.

Vale has failed to adhere to standards in tailings dam management outlined by the ICMM. This tragic accident could have been prevented had measures been put in place.

According to Andresa, this tragedy could clearly have been avoided. Once the dam burst, it took three to four minutes for the runoff to get to the place where her son was working, but because there was no alarm to notify them of the collapse, they had no idea what was coming.

Andresa Rodrigues sitting with the photos of the victims of the dam burst – Geneva Switzerland

“They were buried alive. The people working there were young with the physical ability to move fast, but there was no alarm in their workplace. If there had been an alarm the 272 people would have had the time to escape, but they were buried alive.” 

The situation today is still not resolved: 272 people were killed and 11 bodies have still not been found. The 83 workers who survived the accident have not yet received any compensation. And Vale refuses to speak with the union representing outsourced workers. 

The Brumadinho dam disaster could have been prevented. The high death toll and the damage to the surrounding communities and the environment have been extreme. Vale’s investigation into the causes of the disaster was not conducted properly. If Vale had acted responsibly, the tragedy could have been avoided.  

“There are still survivors that are working to pull bodies out of the mud and the psychological effect of this is very tough. This is why it is a crime that was committed and continues to be committed. The way that the company is treating the survivors and the families is inhumane,”

said Andresa.

Many families have come together regularly since the dam burst, working together with communities, survivors, firefighters, police and local ministers to find the remaining bodies and to ensure that Vale is held responsible for what has happened. 

“The first part of our fight is that not a single body should be left under the mud. This is our first struggle. The second is that Vale be punished for this crime of killing our loved ones. They need to ask for forgiveness. They have killed 272 people and they continue to kill us every single day. These families are dying more and more each day.

“We want a memorial with the names of our loved ones. We want Vale to be condemned for this criminal act, the people who have committed this crime must go to jail. There also needs to be financial compensation because our loved ones died because of the company’s greed. The company put money before life. We need to achieve real justice in this case because no one else should die because of mining exploitation,”

said Andresa.