300 jobs at risk in Uruguay mine

The situation at the mine, located in Minas de Corrales in the Rivera Department, is deteriorating. Currently, 180 workers are drawing unemployment benefits, and according to the company they are to be joined by a hundred more at the end of the month.

On 14 July, Loryser, one of the company's subsidiaries, applied to Uruguayan courts for permission to reach an arrangement with its creditors. At the same time, Orosur also recognised the need of a credit line of US$ 8 million to pay off debts and to continue its operations.

The mining company also said that it needs an authorisation from the National Directorate for the Environment (Dinama) in order to exploit a third site, currently listed as being in an area with a significant environmental impact.

IndustriALL affiliate's in the country, the National Union of Metal Workers and Allied Branches (UNTMRA), is working with the company and the government to reach a solution. The situation is critical for the community around the mine, as employment is scarce.

The company should not have waited this long to announce a decision with such an impact. Natural resources are finite, and the company has known that this day would come, and yet there is no contingency plan for the town.

In addition, the contract the company has with the Uruguayan government requires it to set up a fund for the conversion of the town into a food processing centre, which it has not been done,

said Eduardo Burgos, member of UNTMRA’s leadership.

On 10 August UNTMRA will organise an open assembly to urgently find a solution. The assembly will be attended by government representatives, including the industry and labour ministers.

There needs to be a viable solution before the end of the month, or the mine will close. We will ask the industry and labour ministers to help find a way forward. One suggestion is that workers are guaranteed payment from the unemployment fund for one year, during which they would be given training. We need to make sure that the workers are not left without protection,

added Burgos.

IndustriALL's regional secretary, Marino Vani, said:

We support our affiliate and its demand for a settlement which would allow jobs to be saved and taking into account the interests of the population of Minas de Corrales. Uruguay needs a strong industrial base to support its development and the government must have an active policy to prevent closures like this.

IndustriALL and Esprit commit to working together to improve workers’ rights

The agreement covers 525,000 workers at more than 1,100 suppliers making textile, footwear and apparel products for Esprit in 27 countries.

In the agreement with IndustriALL, Esprit recognizes the crucial role that freedom of association and collective bargaining play in empowering workers and developing well-functioning industrial relations. Through the agreement, IndustriALL and Esprit will collaborate to set up mechanisms to make it easier for local trade unions to negotiate detailed collective agreements with all suppliers to Esprit at the national or local level.

Under the agreement, IndustriALL and Esprit will collaborate to ensure that fundamental International Labour Organization (ILO) standards are applied by their contractors, subcontractors and principle suppliers, including the 1998 ILO Declaration on Fundamental Principles and Rights at Work as well as many other ILO Conventions and internationally recognized standards.

In conjunction with IndustriALL, Esprit commits to:

IndustriALL’s general secretary, Valter Sanches, says:

This is a big step forward for Esprit and for half a million people working in their global supply chain. Esprit recognizes that the best way to empower garment and textile workers is to create an environment where they are free to join a trade union and bargain collectively, while being protected by the highest international labour standards. We look forward to working with our affiliates and using this global agreement to help improve workers’ rights.

Esprit is excited about this collaboration. The Esprit Supplier  Code of Conduct has always included freedom of association. This agreement will give us new tools to uphold this commitment in a meaningful way,

says Lary Brown, VP Head of Global Social Compliance and Sustainability at Esprit.

Esprit has already partnered with IndustriALL as a member of the ACT (Action, Collaboration, Transformation) Initiative, which aims to implement a living wage in garment manufacturing regions by enabling industry collective bargaining in major producing countries.

It is also on the Steering Committee of the Bangladesh Accord on Fire and Building Safety, set up by IndustriALL and UNI Global Union to improve garment factory conditions after the Rana Plaza factory disaster in 2013.

Esprit, which is headquartered in Germany and Hong Kong sells clothing, footwear, accessories and homeware in 41 countries. All its products are made by suppliers with the majority of production carried out in Bangladesh and China. There is also sizeable production in Turkey, Vietnam, India and Pakistan.

Solidarity works – Orona elevator workers in Norway conclude agreement

Elevator mechanics wanted to conclude a collective bargaining agreement which would bring working conditions up to industry standards. After the company refused to negotiate, 19 workers went on strike in Norway on 14 May. Nearly three months later, the strike has ended with an agreement between the union and Orona, with the last round of negotiations lasting for 13 hours.

Orona tried to avoid the traditionally strong Norwegian unions in the sector and also wanted to use more subcontractors in Norway. The core demand of the Norwegian workers was that Orona, one of the biggest lifts producers in Norway, adopt a collective bargaining agreement (CBA) for the sector that is already covering workers at Thyssenkrupp, Kone and Otis.

IndustriALL urged the company to stop attacks on collective bargaining rights, specifically the threat to close an operation just because workers are executing basic rights. IndustriALL also called on Orona to engage in fair negotiations with the respective workforce representation, and provide a fair and open negotiation process with respect to the ILO core conventions and Norwegian legislation.

Now, the Norwegian elevator constructors’ union has won this important fight – the company came back to the table and had to accept the CBA and also agreed to not involve subcontracting in the respective operations. Although it is a small operation, it is a significant breakthrough for the Norwegian unions and for workers at Orona all over the world, as the company has previously resisted most attempts to organize its workers.

Matthias Hartwich, IndustriALL director for mechanical engineering says:

“Although little in numbers, our Norwegian colleagues have proven strength, determination and solidarity. We did our best to also show the solidarity of workers around the globe; we cannot let multinational companies get away with an anti-union approach.”

Markus Hansen, President, Norwegian Elevator Constructors Union comments,

"We regard this as a complete victory, all of our demands have been met. I´m really proud of those 19 mechanics who took the fight and was prepared to go all the way. Our support from other unions and elevator constructors have been amazing. Orona fought hard against our claim for the collective agreement, and even said that they would withdraw from Norway. Even then, those 19 stood together and were willing to sacrifice a lot to gain this victory. We regard this victory as one of our most important struggles we have had in this decade.”

Turkey: “Strike ban is violation of fundamental right”, rules Constitutional Court

In January 2015, IndustriALL Global Union affiliate Birleşik Metal-İş initiated strike action in 38 workplaces after collective bargaining negotiations with the Metal Industry Employers’ Association (MESS) had broken down. The strike was banned the next day by the government, on the grounds that it was a threat to national security.

At the time, Birleşik Metal-İş applied to administrative courts and Council of State to nullify the government’s decree, arguing that a strike in the metal sector could never be against national security. The appeal was not accepted by the Council of State despite earlier jurisprudence.

According to the Turkish Constitution, after all ordinary legal remedies are exhausted, “everyone may apply to the Constitutional Court on the grounds that one of the fundamental rights and freedoms within the scope of the European Convention on Human Rights which are guaranteed by the Constitution has been violated by public authorities.”

Then the union took the case to the Constitutional Court, which has now ruled that the strike ban was a violation of trade union rights, and that national security was invoked arbitrarily. The Court ordered the government to pay 50,000 Turkish Lira (9,000 Euros) to the union as compensation.

Since the 2015 strike ban, another collective bargaining round has passed, with the government once again banning strikes on the grounds of national security. However, this latest ruling is seen as a victory by the union.

In a statement, Birleşik Metal-İş said:

With this decision, the Constitutional Court has openly shown that the ministerial cabinet takes strike prohibition decisions arbitrarily and this diminishes the right to strike. Of course, this decision comes more than three years after the strike ban and the compensation is too low, so this is hardly justice. Workers lost much more than this amount because of the strike ban.

However, it is important that the highest court in the country ruled that these strike bans are against the constitution. In its decision, the Constitutional Court declared that the notion of national security is open to subjective interpretation, resulting in arbitrary decisions. The government did not explain how these strikes might affect national security, and the term economic security – used by the government to justify the ban – is not a valid reason. That is why the Court ruled that this strike ban violated trade union rights.

The Constitutional Court had ruled in the same way in 2015 for the ban of the strike in glass sector initiated by another IndustriALL affiliate Kristal-İş in June 2014, covering 5,800 workers in ten factories of the Sisecam company. At the time, the Court argued that the notion of national security should be interpreted in spite of personal views and understandings, even with some discretionary practices.

With the new decision, the Constitutional Court maintains its view as a set jurisprudence. However, strike bans remain after the first decision of the Constitutional Court in 2015 in various sectors, including metal, mining and banking sectors. During the state of emergency, through a government decree, the relevant article of the Law on Trade Unions and Collective Labor Agreements (6356) was changed and in addition to “public health and national security”, governments may ban strikes in public transport services provided by metropolitan municipalities and in banking services if they are in breaching economic or financial stability”. This further narrows the right to strike.

IndustriALL Global Union assistant general secretary Kemal Özkan says:

The right to strike is continuously undermined in many ways in Turkey. The Turkish government uses national security, as a reason to ban strikes and side with employers over workers. The Constitutional Court ruling shows that the government’s actions violate trade union rights enshrined in the Constitution and guaranteed by international conventions to which Turkey is a party.

We will continue to support our Turkish affiliates until the right to strike is respected in practice as well as in law.

IndustriALL is looking for a project coordinator for organizing workers in RMG sector in Bangladesh

The project coordinator will

Qualification and experience

The project coordinator will have a good knowledge of workers rights and trade unions in the RMG industry in Bangladesh. She/he will be able to interact with workers and unions, as well as the civil society. She will have a good command of Bangla and English languages, both in speaking and writing.

The coordinator will have good experience in working with trade unions/ community organisations.

Application procedure

Interested applicants are required to email [email protected] with their CV, and a writing sample before 20 August 2018. The project work will start immediately thereafter, by September 2018

IndustriALL is looking for a project coordinator in Sri Lanka for organising EPZ workers

The project coordinator will:

Qualifications and requirements

The project coordinator will have a good knowledge of workers rights and trade unions in Sri Lanka. A background in trade union education is desirable.

S/he will be able to interact with workers and unions, as well as the civil society. The coordinator will have good experience in working with trade unions/ community organisations. S/he will have a good command of Sinhala and English languages, in speaking and reading and writing. Knowledge of Tamil is an advantage.

Computer skills in MS office (word, excel) and emailing/ internet usage are necessary.

Application procedure

Interested applicants are required to email [email protected] with their CV, and a writing sample before 20 August 2018.

Indian auto and garment workers move to strengthen union power

In the workshop on collective bargaining for auto sector workers, union representatives from leading automobile original equipment manufacturing (OEM) units from the Chennai and Bengaluru automotive clusters participated actively, sharing collective bargaining practices and workers’ welfare benefits policies of the respective companies.

Ways to access and understand corporate information was shared, with participants underlining that increasing the union’s capacity to understand corporate information is important to appropriately frame the unions’ charter of demands, strengthen bargaining power and to contribute to the growth of the organization.

Trade union representatives from automotive units including BMW, Hyundai Motors, Volvo, Ashok Leyland, Ford, Daimler, Royal Enfield, Bosch and Hindustan Motors participated in the workshop. Union leaders decided to enhance information sharing and cooperation among unions in the auto sector.

We made your clothes

About 25 women garment union leaders participated in the workshop on organizing and union building. The workshop witnessed enthusiastic participation of garment union leaders, where they developed plans to address various practical difficulties involved in union organising efforts at the factory level. The workshop focused on strategies to organise and build union power.

Participants shared challenges they face when organizing workers. Though participants came from different geographical locations, experiences were very similar, and they decided to intensify organising efforts and take advantage of international instruments including IndustriALL’s global framework agreements.

Apoorva Kaiwar, IndustriALL South Asia regional secretary said:

during this series of workshops for the auto sector and garment workers we saw enthusiastic participation from our union leaders. We hope that the workshops have strengthened the capacity to build stronger unions. We are sure that increased information sharing, cooperation among the union leaders and enhanced use of international instruments will contribute to building union power and defend workers rights.

Case study: Glencore in Colombia

As early as 2006, there were allegations of corruption and severe human rights violations with the local union, IndustriALL Global Union affiliate Sintracarbón, accusing the company of forced expropriations and evacuations of entire villages to enable mine expansion, in complicity with Colombian authorities.

Glencore has several interests in Colombia, including wholly owned subsidiary Prodeco, which has two adjacent mines (La Jagua and Calenturitas), a coal export terminal (Puerto Nuevo) and a stake in the railway that transports coal to the terminal. Prodeco employs about 6,000 people.

Prodeco operates the two mines, railway and port terminal through five subsidiaries, despite demands from the Colombian authorities to integrate the operations into a single business entity. All businesses are run from the same floor of the same building in Barranquilla, and share the same top management.

According to Sintracarbón, workers from the La Jagua and Calenturitas mines are subject to different terms and conditions, and are denied the opportunity to negotiate together as a union with a common employer. Dividing the ownership structure makes it much more difficult for the union to identify a responsible negotiating partner and resolve issues.

Undermining unions

Sintracarbón reports that Prodeco has blatantly violated the right to freedom of association at its Calenturitas mine by discriminating against union leaders and members, by interfering with the right of workers to freely choose their union affiliation, and by undermining the collective bargaining process.

Management also discriminates against union leaders by changing their shifts or positions, by applying drastic disciplinary measures – including dismissals or multiple suspensions for the same offence – or by sending them on paid leave as a means of marginalizing them.

They treat trade unionists as second class, they persecute us and they keep us from exercising our rights,

explained union leader Blanco.

Glencore has persuaded union members to resign from the union through a combination of threats and incentives. By 2014 there were 67 labour grievances against Glencore’s Colombian subsidiary Prodeco, with 46 under investigation as of 2017. Prodeco has had to pay almost 500,000 USD in labour-related fines.

Health and safety

At the Calenturitas mine, productivity is prioritized over health and safety. Inefficient policies on industrial safety and occupational health and the high-risk activity that mining represents, lead to the occurrence of multiple occupational diseases, in addition to illegal 12 hour work days, roads in poor condition, high vibrations of equipment and high levels of pollution, which harm the health of workers. In August 2017, Sintracarbón reported that there were 13 work accidents in less than one month. In January 2018, a worker was killed.

Environment violations

Glencore violated many environmental regulations. Last January, 50,000 gallons of diesel were dumped into the ground of Puerto Nuevo due to the drilling of one of the storage tanks, ineffective maintenance and lack of control. Glencore tried to hide the fact from the environmental authorities,

said Sintracarbón Cienaga president, Claudia Blanco.

In 2010, after finding that levels of atmospheric contamination from mining exceeded legal limits, risking the health and lives of the people living close to the mines, the Colombian environment ministry ordered Prodeco and other companies to relocate the populations of Boqueron, Plan Boninto and El Hatillo.

The companies waited for two years before beginning the process, and none have been concluded. There have been violations of the right of the communities to participate and access information.

Outsourcing

Staff is recruited through the Manpower agency. Work stability and the right to decent work are undermined, and salaries are affected because conventional benefits do not apply. Freedom of association is jeopardized, as these workers cannot be unionized. If workers join a union, their short-term contract is not renewed.

BRICS unions discuss decent work and sustainable development

At a meeting in Durban 27-29 July, the BTUF adopted an African developmental agenda with a focus on decent work and sustainable development. The meeting, which took place at the same time as the BRICS summit in Johannesburg, called for social justice. Unions should also be included in the BRICS summit to strengthen collective power and building solidarity networks and activism in the global South.

However, BTUF raised concerns over precarious work and on the need for unions to develop a strategic response and multinational corporations were asked should comply with labour laws.

The issues discussed included the future of work, workers’ rights, universal health, investments that boost manufacturing, industrialization, and sustainability. Further, job creation was identified as key for young people as well as for attaining Sustainable Development Goals. Closing the gender gap in wages would improve women’s access to employment, and equal pay for work of equal value should be promoted.

For example, living wages are important in countering working poverty amongst the youth in Sub Saharan Africa, which was 70 per cent in 2016. Additionally, high youth unemployment works against benefiting from the demographic dividend which will happen in 2030 according to UNICEF’s Generation 2030 Africa 2.0 report. When this occurs, there will be more working-age young adults as compared to the elderly. However, without jobs there will be no benefit as the youth will be economically inactive.

BTUF goals for 2018 are investment in people, social and economic infrastructure and environmental responsibility. Building workers skills, innovation and developmental ICT tools key to Industry 4.0 with decent work, collective bargaining and social protection important. Full employment and job creation and trade union participation and effective social dialogue are some of the goals. Other goals promote democratic, ethical and responsive governance in public and private institutions, and inclusive international multilateral systems.

BTUF says it is up to the task “on many issues affecting workers, communities, developing countries, peace and security, food production, unemployment, international labour standards and workers’ rights.”

Says Paule-France, IndustriALL regional secretary for Sub Saharan Africa:

“The BTUF is a crucial reminder that international trade cannot exist without engaging unions. Without the watchful eyes of unions, multinational companies will ignore workers’ and human rights, and therefore we must be vigilant.”

Some IndustriALL Global Union affiliates belong to federations that are part of BTUF.

South Africa: Mine responsibly and improve working conditions, recommends report

Instead, sad realities are common in the mines — poor working conditions, destruction of the environment, and poverty and disease in mine affected communities. How then can mining companies meet the expectations of society which sees mineral resources as being key drivers of national development? Can the companies be made responsible on economic, environmental, social and governance issues? What accountability mechanisms can be used to achieve this?

These are some of the questions and issues that over 50 delegates from Ghana, Kenya, Ivory Coast, Liberia, Madagascar, Malawi, Tanzania, South Africa, Uganda, Zambia, and Zimbabwe grappled with at a meeting on 25-26 July in Johannesburg, to discuss the main findings of the Responsible Mining Index (RMI) 2018 assessment. The delegates were drawn from community-based organizations, human rights organizations, mine affected communities, non-governmental organizations, and universities. Trade unions, represented by IndustriALL Global Union affiliates, the National Union of Mineworkers and the National Union of Metalworkers of South Africa, said it is important to collaborate with civil society actors on common issues facing workers and communities.

The RMI assessed 30 mining companies using six thematic areas which are economic development, business conduct, lifecycle management, community wellbeing, working conditions and environmental responsibility. The assessment included 127 mining sites.

Working conditions is the worst performing thematic area. The RMI found out that despite mining companies paying attention and expressing commitment to health and safety, 331 fatalities were reported in 2015 and 2016. Further, the mining companies are weak on addressing living wages, worker grievances and in stopping discrimination in the mines. However, notable gains are on forced and child labour.

The meeting recommended that the RMI, which promotes open access to information through sharing its data publicly, should work with other organizations doing similar work including the Alternative Mining Indaba and the African Mining Vision. A strategy that the RMI should continue to use is the publicizing of poor performance. This puts pressure on companies as shareholders asked why this is the case. Further, the RMI which questions the inconsistencies in reporting by mining companies, can complement other mechanisms.

Says Glen Mpufane, IndustriALL director for mining:

“By validating what we know, the RMI is a useful tool for building bridges and finding common spaces for dialogue and collaboration between mine affected communities, civil society and unions. We want mining companies to abandon rhetoric and commit to improving health and safety.”