Shots fired against striking miners in Poland

On 2 and 9 February, more than 20 people were injured when police shot at the protesting miners. The unions are still demanding an explanation to the use of weapons against unarmed workers.

On 26 January, JSW’s CEO Jaroslaw Zagorowski tried to sack ten unionists for solidarity protests with miners at other operations in Poland. This arrogance triggered widespread protests at JSW’s mine in Jastrzebie. After company management terminated three collective agreements and announced a savings plan, unions voted to go in strike on 28 January.

Unions at the mining plant are demanding Zagorowski’s resignation, who they say is responsible for the breakdown of dialogue between management and workers. They also demanded that the decision to terminate the three collective agreements be withdrawn, and that the same rules of employment apply at all of JSW’s mines.

With the assistance of a mediator, talks between trade unions and management have been continuing and an agreement has been reached on the program of savings. The strike was suspended on 13 February and three days later CEO Jaroslaw Zagorowski resigned. However, the supervisory board of the company must formally accept the resignation.

Glen Mpufane, Director of Mining at IndustriALL Global Union, underlines the organization’s support to the striking miners:

This level of violence and disrespect of workers’ rights is unacceptable. We urge the employer to listen to the union’s demands and find a solution.

Grupo Mexico cannot export corporate bad behaviour to Spain

IndustriALL Global Union joins its Spanish affiliated unions in demanding full respect for labour rights and the environment if this repeat offender, Grupo Mexico, is awarded the contract to run the mine.

The open pit mineral resource has high levels of zinc, lead, copper and silver. And deeper exploration is expected to find more.

Aznalcóllar was the site of one of the worst environmental disasters in Spanish history in 1998, when a dam failure caused 5 million cubic metres to leak and destroy 4.634 hectares of countryside bordering the Donaña National Park. The previous operator Boliden failed to pay full reparations and the government reclaimed the mine.

The public tender process in the Province of Seville is now down to the final two bidders, with Grupo Mexico partnering with Andalusian group Magtel for a joint bid.

The final project proposals were submitted in December 2014 with a decision to be announced by 16 March 2015. Reopening the mine will create 400 direct jobs and 700 indirect jobs.

Both bids include promises to restore the local environment, water supplies, and take responsibility for social impacts of running the mine and any eventual closure.

While the competing bidder Emerita also has a poor record causing Spanish unions to be wary, Grupo Mexico’s shocking record of toxic spills, anti-union and anti community policy means commitments made on social and environmental sustainability in the company’s bid will require stringent attention to ensure they are kept.

IndustriALL Global Union general secretary Jyrki Raina explains the special attention given to this tender process due to:

The outrageously irresponsible anti-union, anti-environmental behaviour of Grupo Mexico.

IndustriALL assistant general secretary Fernando Lopes concludes:

“Wherever Grupo Mexico goes in the world, IndustriALL together with its affected affiliates, will be there to fight against the company’s irresponsible corporate behaviour and hold them to account.”

More information – http://www.elconfidencial.com/espana/andalucia/2015-02-06/la-favorita-para-gestionar-aznalcollar-causo-el-mayor-desastre-ambiental-de-mexico_656400/

Oil strike escalates in US

Workers at BP refineries in Ohio and Indiana have joined the walkout that began on 1 February at nine other refineries. From California to Kentucky this is the first nationwide strike in the industry for 35 years.

There are now more than 5,000 USW members on an unfair labour practice strike at 11 refineries owned by Shell, Marathon, Tesoro, BP and LyondellBasell. THe strikes began after Shell failed to offer serious proposals to address the USW's concerns about safety, onerous overtime and unsafe staffing levels. 

Shell is leading the employer side of negotiations for a new national contract. On 6 February the Houston area oil workers took part in a noon rally at Shell US Headquarters to show management that union members are united in their drive for a fair contract that improves safety throughout the industry. The following day, on 7 February, one week into the strike, refinery workers around the country participated in a National Day of Action for Safe Refineries, Secure Jobs and Healthy Communities. Local USW unions carried out actions in solidarity with striking locals, which included a mix of plant gate rallies and rallies at local union halls.

IndustriALL Global Union affiliate, the USW is clear that the main priority of the national strike is refinery safety and resolving the issue of chronic understaffing. USW International Vice President Gary Beevers, who heads the union’s National Oil Bargaining Program, stated that

This work stoppage is about onerous overtime; unsafe staffing levels; dangerous conditions the industry continues to ignore; and flagrant contracting out that impacts health and safety on the job.

In addition to the health and safety issues, the USW unfair labour practice (ULP) strike is over the oil companies’ bad faith bargaining, including the refusal to bargain over mandatory subjects; undue delays in providing information; impeded bargaining; and threats issued to workers if they joined the ULP strike.

The union is committed to negotiating a fair contract that improves safety conditions throughout the industry and USW negotiators are determined to resolve the members’ central issues.

This week has also seen a delegation of striking refinery workers bring their campaign for a safer oil industry to Europe at meetings with allies from trade unions in the Netherlands, Belgium and the United Kingdom.

The group includes striking workers from refineries owned by Shell, Marathon and Tesoro. Shell, which has taken the lead on bargaining for the companies, has its headquarters in the Netherlands. The USW members met with leaders from the FNV oil workers union at Shell and LyondellBasell in the Netherlands and then travelled to the United Kingdom to meet with leaders from Unite the Union, the largest industrial union in Great Britain and Ireland.

Switzerland: workers fight to save jobs at Tamoil

For almost one month UNIA together with the Syndicats Crétiens du Valais (SCIV), representing the workers at Collombey, have been fighting Tamoil’s decision to layoff staff without a real social plan in place. After a number of attempts by the union to negotiate a better outcome for Tamoil staff, it is still unclear what the company will decide.

On 4 February the workers decided to interrupt their shifts from 1pm to 3pm. During this strike they were met by over 600 public supporters from the area, in a demonstration of solidarity for their struggle.

To demonstrate their commitment to the refinery and the disastrous consequences potential closure, some staff released 258 balloons; each balloon had the name of one of the workers that would lose his/her job. Others marched to the sound of funeral music and symbolically planted crosses decorated with their tools (helmet, lamp, tools, etc.). Another group set up a display presenting the quality of their skills at the refinery.

Following Tamoil’s decision to suspend operations at the refinery and fire staff, UNIA had called a general assembly in early January. From the beginning of this struggle, workers’ representatives made it clear that “It is unacceptable that Tamoil proceeds with the collective dismissal of staff without exploring solutions that could maintain jobs and the expertise at the worksite in Collombey, we therefore must come together to show Tamoil our will to keep jobs here and to explore the different avenues that will enable us to achieve a better outcome.”

As a result of the general assembly a resolution was adopted calling on Tamoil to withdraw the collective redundancy procedure, file a formal request to activate temporary layoffs, and waiver all layoff procedures until notification by the competent authority of its decision on possible measures of layoffs. Despite UNIA’s demands Tamoil pressed on with its original layoff procedure.

Furthermore, employees also called on cantonal authorities to support the steps for removing the collective redundancy procedure initiated by Tamoil and asked them to take the necessary steps with federal authorities to investigate the possibility of increasing the length of compensation for layoffs to 24 months.

It is important that UNIA members are now more determined than ever while negotiations continue between UNIA, SCIV and Tamoil”

said Kemal Özkan, Assistant General Secretary.

IndustriALL will continue to give support and solidarity to this important struggle as it develops.

Georgia: Mineworkers fight against severe union-busting

Recently the employer's representatives have visited the enterprises spreading the drafts of resignation letters to withdraw from the union. They force the employees of both enterprises to leave the union under the threat of dismissal and other trouble.

As a result more than 100 union members could not resist the management pressure and signed resignation letters. The union at RMG Copper had 690 members back in January, but 96 people have withdrawn over the last few days. 14 members out of 320 have left the local union at RMG Gold.

The union busting began after the management once again received a letter from the union reminding that the obligations under the agreement signed back on 23 March 2014 after the end of a 40-day strike have not been fulfilled:

– the collective agreement draft prepared by the union and sent to the employer for review back in April-May 2014 has still not been reviewed;

– the company has not taken measures to increase the workers' salary;

– in case there is a vacancy the company hires an employee from the labor market instead of using the candidates pool list created by the union;

– the labor disputes commission had to be created in April 2014, but only met in August 2014 for the first time and so far three meetings out of seven have been held.

On 14 February 2014, exactly a year ago, the miners of Georgian enterprises RMG Copper and RMG Gold went on strike after the management refused to fulfill its obligations according to the agreement signed back in November 2013 and fired more than 180 employees under the pretext of reorganization in January 2014. After a 40-days strike the union and the management signed an agreement to reinstate 80 dismissed workers, to reinstate other workers later in case the economic situation at the company improves, to sign a collective agreement and increase the salaries. However, the agreement reached at the price of a long strike has still not been fulfilled.

“RMG management must withdraw from disgusting anti-union tactics and stop union-busting immediately, without any delay,” said IndustriALL’s General Secretary Jyrki Raina. “The company must fulfill their obligations according to the agreement.”

Philippines: Lafarge-Holcim unions consolidate forces

Coming together through a national stakeholders’ meeting on sustainability of the cement industry in the Philippines and in the context of the Lafarge/Holcim merger, the local unions affiliated to IndustriALL’s affiliate, the Philippine Cement Workers Council (PCWC), discussed the potential impact of the merger on working conditions.

The 9 February stakeholders’ meeting held in Quezon City took place immediately after the announcement made by Holcim and Lafarge about a project to sell assets to Cement Roadstone Holding (CRH), an Irish construction materials group, in the context of the planned merger, which includes the assets in the Philippines.

According to information, shares of Lafarge Republic, Inc. (LRI) have been offered to buyers. Several specific assets so far in the possession of the Lafarge group are to be sold to potential third party buyers.

The stakeholders’ dialogue provided an overview of the global situation of the cement industry and the state of play in the merger process of both giant multinationals. It was highlighted that workers must be on board in the discussion at different levels, especially in securing workers’ rights in line with the global campaign “No Merger Without Workers’ Rights” being conducted by IndustriALL, the Building & Wood Workers International (BWI) and the European Federation of  Building and Woodworkers (EFBWW).

There must be genuine dialogue that is based on a relationship of mutual respect and good industrial relations,

stated Kemal Özkan, Assistant General Secretary of IndustriALL Global Union, present at the stakeholder meeting in the Philippines.

The buyer of the divested cement plants in the Philippines must ensure that social policy has to be in place through proper information, consultation and negotiation process,

Özkan added.

The process of dialogue between the unions and Holcim remains dismal. “It is quite unusual that Holcim maintained to be mum, since last year unions at the four Holcim plants requested for a dialogue with the management, but to no avail”, said Macario Noble, President of PCWC.

Present at the meeting, a Labour Official stated that the merger must not result in the displacement of workers and committed to call for a tripartite dialogue to further discuss sustainability of the industry in a balanced approach.

To conclude the meeting, the participating unions in concert demanded that “there should be no merger without taking into account workers’ rights”, if the merger process must move forward then the negative impact has to be minimized, if not totally prevented. “We strongly urge our government to step in and take appropriate measures ensuring that workers are not the ones that will be on the losing side of this project that cares more about the interests of shareholders rather than employees worldwide”, said Noble.

Russia: IndustriALL affiliate ITUWA celebrates victory against short-term contracts

On 9 February the Kaluga Regional Court took the decision to reinstate in their jobs two female employees fired when their short-term employment contracts expired at the PCMA Rus automotive plant in Kaluga, Russia. Short-term contracts have been widely practiced at the plant during the last two years as they allow the employer to manipulate workers’ rights and to get rid of unwanted employees at the end of their short-term contracts at no additional cost.

Almost two years ago the PCMA Rus (Peugeot Citroen Mitsubishi Automobiles Rus) plant that assembles Peugeot, Citroen and Mitsubishi cars stopped employing workers via permanent employment contracts. The workers for core operations have only been employed on the basis of short-term contracts for the period of three to six months. Later on these contracts have either been extended for another short term keeping the employees in uncertainty, or the workers got fired when the short-term contract expired.

As there is a limited list of reasons to legally conclude short-term contracts according to the Labour Code of Russia, the formal reason that PCMA Rus used to employ short-term workers was a "temporary expansion of production". This reason has been used for the past two years, despite the fact that the Labour Code allows such expansion for up to one year only. At the same time the duties of short-term employees were exactly the same as the duties of workers on permanent contracts.

Permanent workers are slowly being replaced by temporary workers on the pretext of temporary expansion. At the moment nearly 40 per cent of the PCMA Rus plant employees are working on the basis of short-term contracts.

ITUWA has repeatedly opposed this practice, as the short-term contract is a powerful tool for the management to fire any worker for any reason, including their union membership, by not extending the contract for another term.

This is exactly what happened to two PCMA Rus female employees who joined the ITUWA local union, and as a result the employer refused to prolong their short-term contracts. However, the union appealed to the court claiming the dismissals illegal. Both female employees were reinstated by court decision and their employment is now recognized as permanent.  

This court decision is very important as it stops the practice of short-term contracts which was promoted persistently by the PCMA Rus management and supported by local authorities. Earlier the Prosecutor of Kaluga and the Kaluga District Court recognized the dismissal of employees "after the expiration of a short-term contract" as legal and reasonable, and they also confirmed the possibility to use short-term contracts at the PCMA Rus plant, which gave the wrong signal to managers of many Kaluga enterprises who started developing programs to introduce short-term contracts at their enterprises.

ITUWA union activists are sure that this important victory in the struggle against temporary work is just the beginning of a mass transfer of short-term contracts into permanent contracts at the PCMA Rus plant. It is necessary to stop the expansion of temporary employment that is so convenient for the business, but can lead to the extinction of permanent employment in the Kaluga region.

Bangladesh: union strength and brand pressure

The Azim Group is one of Bangladesh's most important and influential employers. They have consistently refused to recognize trade unions at the Global Garments factory.

Union representatives at the factory are no strangers to harassment, false charges and even physical violence. A CCTV (close circuit TV) recording from November 2014 shows two separate instances where female union leaders were beaten up by thugs.

Police did nothing about the violent attacks. In an effort to put a stop to the harassment and anti-union behaviour, IndustriALL Global Union American affiliate Workers United took action and approached the US brands sourcing from the factory.

After discussions the brands held off placing new orders or resuming production until Azim recognized the union in the workplace.

In December, an agreement was reached where the trade union has the right to represent workers in the factory. It states that factory management and union officers are “working together with good faith and into a friendly environment”. A further agreement was reached at the beginning of this month.

Jeff Hermanson from Workers United says:

“This has been a long and complex struggle, and it is far from finished. By our collective action we have won a temporary truce and hopefully helped save the GGLWU and GTLWU from destruction.”

The brands have also committed to establishing a bipartite commission with Workers United and the Solidarity Center to visit the Azim factories regularly to ensure the agreements are implemented and to help encourage improved labour relations.

IndustriALL Assistant General Secretary Monika Kemperle says that the Azim case is the latest in a growing number of cases of harassment against unions.

These systematic attacks against unions are increasingly violent and aimed at destroying factory level unions. Together with a growing number of arbitrary rejections of applications to register a union, they mark a changing attitude of employers and government who are trying to slow the steady unionization of garment workers following the collapse of Rana Plaza.

Attacking freedom of association is unacceptable and IndustriALL will continue to support the courageous fight of union representatives fighting for a better workplace.

Jeff Hermanson concludes:

“Hopefully this resolution may have a broad impact and demonstrate that the use of violence against trade unionists will not be successful. Instead, it will cause the employers who use violence to suffer great damage to their reputation and face the possible destruction of their business.”

Ghana: IndustriALL members locked out at Crown Holdings

On 27 January, workers at Crown Cans Ghana Limited, specializing in the manufacturing of metal packaging for the food industry, staged a protest in front of the company gate. Management had without any preliminary notice closed the gate. The only information given was a piece of paper left at the gate saying “factory shut until further notice” and undersigned in smaller letters “management”.

For three years the ICU has encountered a number of difficulties in organizing the factory and tough resistance from management. When the union finally succeeded to organize workers, the company management in retaliation dismissed all the initial union executives.

Later, Crown Cans refused to negotiate with the ICU and announced the closure of the factory. The union submitted the case to the National Labour Commission (NLC) and as a result Crown Cans was instructed to negotiate with ICU representatives.

Eventually Management informed the union that they were ready to start negotiating but only after removing their machinery and equipment from the factory. Obviously based on previous negative experiences the ICU rejected the proposal from the company.

The NLC requested that the two parties select mediators/arbitrators to enable negotiations. The ICU complied with this proposal, but Crown Cans management refused and instead decided to bring cranes into the factory to remove the machinery and equipment.

In response to the workers resistance, Crown management requested protection from the local police from the workers. The company’s demand was rejected and instead the police advised that the company follow the due process.

In view of current situation the NLC has requested an emergency meeting between Crown Cans management and the ICU aiming to resolve the dispute.

In his letter to Crown Holdings’ CEO, Jyrki Raina, IndustriALL General Secretary exposed the facts about the workers’ rights violations at the factory in Ghana and urged the company to reopen the factory, and to start negotiations with ICU representatives in good faith.

First Quantum Minerals dismiss workers demanding healthcare access

In early January 2015, workers downed tools at Kalumbila mine at the refusal of FQM to transport a deceased worker to a mortuary. The mine is located in a remote area and workers were angered at the lack of compassion. They have demanded that the mine provide transport to a health facility for those that are ill or injured. They also want a reduction in housing rental costs as the lowest rental charged by the company amounts to over 40 per cent of the minimum wage earned by workers at the mine.

As the government has yet to appoint a Minister of Labour, the Minster of Home Affairs was tasked with an intervention to resolve the matter and a delegation visited the mine including the Labour Commissioner and trade unionists. The company assured the Minister that no workers would be disciplined after the strike and that a report would be prepared on the issues raised by workers.

However on 29 January, 14 workers were dismissed for allegedly inciting the strike. MUZ challenged the dismissals in light of the assurance given by the company and was notified on 10 February that the company had reinstated eight of the dismissed workers.

Amongst the six workers that remain dismissed is the branch chairman of MUZ, Precious Masaba. "Masaba’s dismissal is in violation of the recognition agreement we have with FQM," says MUZ General Secretary, Joseph Chewe. "We cannot accept these dismissals as they are unfair, unprocedural and harsh."

Workers have raised legitimate demands, amongst which they seek to address concerns on access to health care and housing. Given the remote location of your operation, it is vital that these concerns are immediately addressed,

said Jyrki Raina, General Secretary of IndustriALL in a letter to FQM.

We will be monitoring your company for violations of trade union rights and are prepared to take action at an international level should issues raised by workers at First Quantum in Zambia remain unresolved.