Mexican Appeals Court cancels last charges against Napoleón Gómez

In a unanimous decision issued in open court on 28 August, the Fourth Collegiate Tribunal for Criminal Matters of the First Circuit in the Federal District ruled that the government’s criminal charge against Gómez, based on the dissolution of a union trust fund in 2005, was baseless and unconstitutional. 

This is the eleventh time that the Mexican government charged Gómez with the same offense and the eleventh time that the appellate courts have ruled in his favour. The Mexican Attorney General’s office announced that it would respect the decision, which cannot be appealed.

IndustriALL Global Union General Secretary Jyrki Raina welcomes the decision:

“Despite pressure from anti-union companies the Mexican courts have finally dropped the last criminal charge against Napoleón Gómez. It is time to start preparations for Napoleón's return from his eight-year exile in Canada – there is so much trade union work to be done in Mexico!”

Since 2006 and Gómez’ strong condemnation of the industrial homicide at Pasta de Conchos, the mineworker leader has been persecuted by the corporate-government alliance and forced into exile in Vancouver, Canada.

In exile, Gómez has continued to lead Los Mineros and successfully bargain collective agreements improving the working conditions of the union members.

Gómez is a member of IndustriALL’s Executive Committee. However, since sham charges against him from the Mexican authorities have kept him on the Interpol red alert list he has been unable to take his seat as a titular member of the executive.

Jyrki Raina continues:

“This is a triumph for the relentless international trade union solidarity campaign and we look forward welcoming Gómez at our next Executive in December.”

Obituary – Bala Tampoe

One of the great figureheads of the Sri Lankan labour movement, Bala Tampoe, general secretary of CMU passed away on 1 September after a brief period of illness.

An advocate of criminal law, Bala became General Secretary of the CMU in February 1948. His work contributing to shape Sri Lanka’s political and social landscape spans more than 65 years, and under his leadership the CMU became one of the country’s largest trade unions in the commercial sector.

Known for challenging the political decisions of the government, Bala led a strike in the Colombo port in 1963. The struggle escalated into an all-island general strike and defied the government when it invoked its emergency powers.

Linus Jayatilake, President of the United Federation of Labour, and friend says:

“Comrade Bala leaves the CMU and the working-class at a moment of the emerging crisis of the neo-liberal capitalist system on a world scale. But the rich memories of his militancy and the class intransigence will be his sole contribution to the working class; to confront the collapse of this system.”

“His Marxist and left learnings led him to remain steadfast in the independence of the working-class against all forms of class-collaborationist politics.”

Until his death Bala retained the position as General Secretary and participated actively in major negotiations with the government and employers. During the past years he worked to get the Workers Charter implemented, as well as trying to get the unions to join forces and make the government of Sri Lanka ratify ILO Conventions 87 and 98.

IndustriALL General Secretary Jyrki Raina says:

“Bala Tampoe was a great man who dedicated his whole life to the struggles of the trade union movement. His achievements resonate with workers all around the world. He will be missed.”

IndustriALL demands release of arrested Iranian miners

Over 5000 miners have downed tools in support of the detained workers who who were arrested for taking part in a 40 day strike at the mine earlier this year.

IndustriALL is also alarmed that there is an arrest warrant for a further nine miners.

In his letter to the President of Iran, Hassan Rouhani, IndustriALL’s general secretary Jyrki Raina said:

“We are utterly dismayed at the unlawful arrest of scores of miners and the escalation of the conflict by sending the riot police to the mine in response to the legitimate strike called by the workers on account of earlier illegal arrests on 19 August.

“It is important to note that workers have been detained because of their opposition to the government’s insistence in privatizing the company, and, as consequence, deteriorating the working conditions of the miners… In addition, all arrested workers should be immediately and unconditionally released.”

The miners, who have been on strike since the arrests, are also demanding that 15 per cent of revenue from the mine should be invested in the Yazd region.

The striking miners have received unprecedented support from the citizens of Bafgh who joined miners and their families for a large-scale sit-in outside the governor’s office. 

IndustriALL has also condemned the use of riot police to break up peaceful demonstrations by on 20 August in response to miners’ protests.

Meanwhile, unconfirmed reports state that one of the arrested miners has been released last night (1 September). 

IndustriALL India women discuss decent work

One of the complaints heard most often from women workers is about violations of their maternity rights. Maternity rights and maternity protection are part and parcel of the decent work agenda. Nevertheless these rights are not always enforced. Moreover in general contract workers have no maternity leave. The employers say, 'no work, no pay.' In 2004 Sangita was a contract worker at L'Oréal in Pune. She had an abortion in order not to lose her right to be a permanent worker. Yazaki in Pune does not abide by the law on crèche either. Sarika works at Yazaki and is now fighting for the rights of the contract workers, together with the SEM union.

SEM demanded 6 months maternity leave in the recent negotiations at L'Oréal. The men also agreed to support this demand. In the end they achieved 4 months, an increase of one month. It was the first time a union achieved this. Now SEM has decided to campaign for six months' maternity benefit until the end of 2014.

Three months ago there was a case of sexual harassment against a contract worker. The union raised the issue in the sexual harassment committee, and the line manager in question was suspended.

In the meantime the contract workers are raising similar demands with their contractors. Now they are more aware, and they are demanding the minimum wage.

In addition to their concerns about maternity leave and sexual harassment the women complained of long working hours and poor wages, especially in the informal economy as well as wage inequality between women and men. Another problem is the level of illiteracy. One point was mentioned again and again, and that was the lack of toilets and rest rooms and clean water. These need to be taken up by the unions in connection with other health and safety issues. Some unions are doing awareness training and peer education on HIV/AIDS.

Violence against women is still rampant. Some unions have created self-help groups to assist the women in standing up to male domination. The women complained about the lack of support and respect for women. Some are doing self-defense training for women.

There was a brief debate on night work for women, but not all the women were sure about their position.

It was agreed that a structure needs to be created, otherwise the work will be left up to the will and pleasure of the men. In addition every affiliate should send a woman to the IndustriALL India committee.

The meeting was called national unity meeting. Indeed the women did their part and made their contribution to unity among IndustriALL affiliates in India.

Regular and permanent employment remain under constant attack!

Jyrki Raina, IndustriALL General Secretary in his GS Corner video address says:

Regular and permanent employment remain under constant attack by multinational corporations and right-wing governments who promote precarious work."

In 2013 unions from 46 countries took part in the action. Let's beat that figure this year. Please join us and mobilize on the 7 October to STOP Precarious Work".

to see the full video please follow the link: http://youtu.be/G6_MwUlZZBQ

Striking workers vote down a meagre proposal of Bombardier

Members of Unifor Local 1075 went on strike on 14 July 2014 in response to Bombardier’s demands for deep concessions. The recent offer was put to a vote at the request of the company in accordance with provincial legislation offering such an option at each bargaining round. 80 per cent of the workers voted against the offer.

Commenting on the results of the vote Jerry Dias, Unifor National President said, “These workers have shown incredible resolve and determination in their struggle to maintain good jobs for today and for future generations.”

“These results send a clear message to Bombardier that the membership of this union supports its bargaining team, which has consistently told the company that it cannot accept the demanded concessions," added Diaz.

If accepted the proposal would have meant large cuts in benefits for current workers and retirees, while offering a wage increase of less than one per cent over three years and denying the current defined benefit pension plan to those hired after 31 May 2014. Those hired in 2011 would have received no retiree benefits, and would have got a one-time payment of 350 CAD (245 EUR). More than half of the workers would have been affected by this concession.

Unifor Local 1075 President Dominic Pasqualino said there are better ways for the company to save money if it needs to do so. "Working with the union, the company can eliminate so many wasteful practices that there would be enough savings to both increase the company profits and continue to fund our modest pension," Pasqualino added.

Abuses by Apple’s supplier NXP get worse in the Philippines

Until this grave labour rights violation is reversed, the iPhone 6 will be ethically flawed.

A broad coalition of campaigning organizations is calling on NXP to reinstate 24 trade union leaders who were illegally sacked during CBA negotiations on 5 May. However, while the company has claimed to IndustriALL that it is intervening and seeking a resolution, the reality at the plant is that management is stepping up its effort to bust the union. Serious violations of workers’ rights are occurring on a daily basis and management refuses to take the essential step of reinstating the 24 union leaders.

NXP’s union busting of the MWAP union at its Cabuyao facility near Manila is an egregious violation of international standards on labour rights. The abuses also fundamentally violate NXP’s code of conduct, as well as the ethical supply chain commitments of Apple.

Apple is a key customer of NXP and an NXP microchip will reportedly give the new iPhone 6 the capability to wirelessly pay for items like car park tickets and groceries. Over 150,000 consumers and activists wrote to Apple through a SumOfUs campaign to demand the technology giant intervenes and instructs NXP to act in line with Apple’s supply chain commitments. Although Apple have opened initial dialogue with IndustriALL, the 24 illegally sacked trade union leaders have not been reinstated.

The latest aggressive anti-union intimidation at the plant in the LISP1 special economic zone include: filing “unruly behaviour” and “loitering” charges against remaining members who are actively protesting the mass sacking of their elected representatives; security guards taking photos and video of remaining union members, including while they eat their lunch; surveillance cameras installed throughout the plant; and bans on wearing t-shirts or posting messages on social media with slogans supporting the sacked 24.

MWAP president Reden Alcantara told IndustriALL Global Union:

We continue to stand strong. We will continue to fight back against this multinational giant who refuses to respect its workers. We are drawing inspiration from your support and we will continue to count on you as we gear up for an intensified struggle.

The Philippines’ Department of Labour and Employment is mediating talks towards a solution and has made a proposal to both sides. DOLE’s offer includes a 5.2 per cent wage hike, the reinstatement of 12 out of the 24 union officials who were illegally dismissed, and a decent separation package for the other 12.

IndustriALL Global Union general secretary Jyrki Raina stated:

DOLE should be respecting the labour legislation of the Philippines and insisting on the reinstatement of the full trade union committee. MWAP, IndustriALL Global Union, and its supporters remain steadfast and clear in our call on NXP and Apple: #BringBackNXP24!

IndustriALL launches new Day of Action to STOP Precarious Work

Regular, permanent and direct employment remains under constant attack from multinationals and other forces that are promoting precarious work. We strongly encourage affiliates to take action and denounce precarious employment and the insecurity, which is becoming everyday life for more and more workers around the world.

This Global Action is a cornerstone of the IndustriALL campaign to STOP Precarious Work. Mass global action helps to bring visibility to the issue and to strengthen national campaigns as well as IndustriALL’s position in challenging multinational companies, governments and the institutions of global governance. Every year, this mass mobilization sends a powerful message that workers everywhere will stand up to protect their rights.

In 2013, affiliates from 46 countries took part, and in many countries IndustriALL affiliates took action together. Actions included mass mobilisations in marches and rallies, distribution of campaign materials in workplaces, thematic workshops and conferences, demands on government, flash mobs, public hearings and protests outside company headquarters. Reports and photos of affiliates taking action can be found on the IndustriALL site at http://www.industriall-union.org/stop-precarious-work.

Some affiliates have already planned actions for 7 October 2014. In Canada, UNIFOR will organize a national Good Job Summit (3-5 October) as part of its campaign “Join the Revolution for Good Jobs”. The Summit will be a national dialogue between workers, students, government, employers and communities, aimed at finding new approaches to jobs and the economy.

The Rio Tinto Global Union Network will hold a global day of action against precarious work as part of the global campaign at Rio Tinto. The billion-dollar company is increasingly introducing precarious forms of work at its operations around the world. Other trade union networks in multinational corporations are strongly encouraged to take action this year, since MNCs and their supply chains are among the main drivers of the rampant spread of precarious work.

IndustriALL affiliates in Cambodia will target Export Process Zones (EPZs) where workers rights are largely undermined. Workers in a bus and on motorcycles, holding IndustriALL flags, will do rounds in the EPZs as part of a “caravan for decent work":

Please, send information as soon as possible about the actions that your union intends to undertake to [email protected]. This information will be posted under a special section on the campaign page STOP Precarious Work. Don’t forget to send photos after the event as well.

A new IndustriALL publication Negotiating Security: Trade union bargaining strategies against precarious work is available for download. The publication reports about creative and progressive agreements that unions are pursuing to limit precarious work and protect workers.

Toxic spill at Grupo Mexico copper mine

The spill at the Cananea copper mine earlier in August pumped 40,000 cubic meters of toxic mining acid into a nearby river. Mexican mining giant Grupo Mexico placed the blame for the toxic spill for the accident on an outsourcing company. Moreover, instead of warning the population of the environmental damage, Grupo Mexico is reported to have deliberately covered up the incident.

Grupo Mexico acquired Cananea in 1989 after the mine was privatized. Since then, billionaire owner German Larrea has failed to show any concern for worker safety or the environment, making Cananea one of the most dangerous mines in the country.

In 2007, members of Los Mineros went on strike over health and safety and environmental concerns. The company announced it had 2,000 contractors ready to work as soon as the strike was brought to an end. The three-year strike ended when police occupied the compound, firing tear gas from helicopters and using force against the workers who were peacefully occupying the mine.

The 2007 a strike took place just one year after Grupo Mexico’s Pasta de Conchos mining disaster which left 65 workers dead. To this day, 63 bodies have not been recovered.
 
In an unexpected turn of events, the Mexican Congress last week urged the government to cancel Grupo Mexico’s concession to operate the mine.

IndustriALL Assistant General Secretary Fernando Lopes slams the mining company's lack of action:

This sums up all that is wrong with Mexico’s mining industry: the unbridled greed of giant corporations, their disregard for worker safety and the environment, their irresponsible use of outsourcing, as well as the unconditional support they typically receive from successive neo-liberal governments. There must be an independent enquiry to find those responsible for this environmental tragedy.

Desperate fight for recognition of workplace accident

In July 2002, when working for a contractor in the Tenaris Tubos Caribe plant, a 13” tube pierced Rubén Darío Montoya Obando from side to side. Since then, he has been fighting for compensation for this serious workplace accident.

A court has ordered Rubén’s reinstatement, a payout of salaries since the day of the accident, as well as a partial pension. But Tenaris – Tubos Caribe and the insurance company have appealed the court decision to pay past wages and grant a pension, a move that will postpone a solution for months.

With the support of Sintratucar, the trade union at Tubo Caribe, Rubén last week presented new documentation to the insurance company and the employer. Again, this did not lead to any results. And on 23 August Rubén for a second time tried to commit suicide, demanding the recognition of his rights.

Jyrki Raina, General Secretary of IndustriALL Global Union join forces with affiliated trade unions and calls on Tenaris to pay disability pension and provide health insurance:

It is an absolute disgrace that Tenaris Tubo Caribe has not yet complied with a court decision clearly demanding that the company compensate, including a disability pension and health insurance. Workers should not end up killing themselves out of sheer desperation due to the company’s flagrant violation of basic workers’ rights.