Sintracarbón in negotiations to improve conditions

The collective agreement between the union and Carbones del Cerrejón in Colombia expires on 31 December this year. Sintracarbón is therefore in the process of negotiations on behalf of all workers, especially those in precarious work engaged on outsourced activities. Company and union representatives began negotiations on Tuesday 4 December.

Sintracarbón, which has 5,900 members, including permanent and outsourced workers, has always tried to act in the interests of the whole community in Guajira, in the north of the country, which has been affected by the expansion of mining.

Carbones del Cerrejón, a consortium formed by the transnational companies BH Billiton, Xstrata and Anglo America, is the country’s biggest coal producer. The coal is mainly exported to Europe.

Carlos Bustos, projects coordinator for IndustriALL in Colombia, says that, “Sintracarbón is the oldest union among IndustriALL’s Columbian affiliates and it has always had our support and solidarity. With more than 50 million members, we are ready to give it all the support it needs to achieve its objectives and reach a speedy agreement over its list of demands.”

IndustriALL affiliates in Sub-Saharan Africa acting against precarious work

Unions in the region have driven the adoption of legislation related to the use of precarious work. For example, the campaign in Senegal on precarious work, led by the SUTIDS (Syndicat Unique des Travailleurs des Industries Diverses du Sénégal) has resulted in the promulgation of a Presidential Decree on private employment agencies and workers employed by outsourcing companies in 2010. This law set limits on the use of precarious workers, promotes joint liability for precarious workers on the user-enterprise and equal treatment for precarious and permanent workers. Since the promulgation of the bill, the union has been working closely with labour inspectors to ensure that employers comply with this new legislation. Companies had to terminate their contract with subcontractors which were not complying with the new decree. Similar legislative developments have occurred in Nigeria and Guinea.

Through the project in Mozambique, SINTIQUIAF (Sindicato Nacional dos Trabalhadores da Indústria Quimica e Afins) has been able reinforce the use of social dialogue. All the stakeholders, including temporary work agencies, have met and explored how to improve compliance with the legislation regulating precarious work. The close cooperation of trade unions with the ministry of employment and labour inspectors has already led to the denunciation of cases of violation of the law in regard to contract work.

Particular focus continues to be made by the trade unions on recruiting precarious workers and in gaining permanent status for precarious workers.  All affiliates participating in the project have increased their membership in 2012.

2012 marked the start, in this region, of the second phase of the precarious work project, which is supported since it began in 2009 by the Finnish trade union solidarity centre, SASK.  IndustriALL Global Union is running this project in 9 countries: Nigeria, Mozambique, Mauritius, Senegal, Guinea, South Africa, Namibia, Burkina Faso and Niger. Seventeen affiliates of IndustriALL have been participating and have been able to achieve noteworthy results that could inspire other affiliates worldwide.

From 2013 the project will target 4 new countries thanks to the support of ACV-CSC Building Industry Energy (BIE): Cameroun, Togo, Mauritania and Democratic Republic of Congo (DRC). Furthermore, participants have designed a strategy to involve all affiliates of IndustriALL Global Union in their countries in future project activities. 

Excellon’s denials debunked

Excellon, which has come under intense pressure over its labour rights abuses and its refusal to deal in good faith with small landowners, has publically denied any wrongdoing.

Says IndustriALL General Secretary Jyrki Raina in a letter to the company:  “If Excellon can say that it initially enjoyed a good relationship with the landowners, then its definition of a ‘good’ relationship must be one in which it can cheat small landowners out of a fair deal and thus enjoy unrestricted use of the land at rock-bottom prices.”

IndustriALL also dismissed as ‘lies’ the company’s claim that the eviction of a protest camp at the entrance to the mine was not violent.

Finally, IndustriALL rejected the company’s assertion that it supports the right for freedom of association. “How can Excellon claim to be respecting the right to organize when in reality it has broken every rule in the book?,” says Raina. “Excellon has denied workers the right to join organizations of their own choosing, has interfered in trade union affairs, has discriminated against workers on the grounds of union membership and has denied workers the right to bargain collectively."

“Excellon must stop trying to divert the attention from the key issues at hand, and must instead engage in good faith dialogue with the landowners to resolve the violations of the 2008 land use agreement and with Los Mineros to resolve the outstanding labour issues,” concludes Raina in his letter.

The letter from Excellon as well as the text of Jyrki Raina’s letter in reponse is available on related links.

Ghana must ratify mine safety convention

As reported by the Ghananian Chronicle Mr. Prince William Ankrah, GMWU General Secretary called for the ratification of the International Labour Organization mine safety convention as it is the “surest safeguard for mining safety in our sector and no amount of improvisation in whatever form by our governments can negate its relevance”.

Ghana, Africa’s second biggest producer of gold, has failed to ratify the Convention and its recommendations for the past 16 years.

The Convention was adopted on 22 June 1995 at the 82nd Session of the ILO General Conference at Geneva, Switzerland. The Safety and Health in Mines Convention, 1995 (No.176) is central to achieving decent work in an industry, which has occupational safety and health as its main challenge.

Part of the fight for achieving mine safety around the world is through ratification of ILO Convention 176 on safety and health in mines. This convention sets out guidelines on inspections, accident reporting and investigation, training, hazard control and a worker’s right to participate in workplace health and safety decisions and to remove themselves from danger.

As of today, 26 countries have ratified ILO C176.  See the list of countries to have ratified here.  

When it comes to occupational health and safety, governments and employers have responsibilities – workers have rights.

Egypt steps back on workers’ rights

Violations of international freedom of association standards in Egypt’s new draft Constitution will be voted on in a 15 December referendum.

The Constitution would reinforce the new law on unions, already signed by President Morsi, which allows only one union per sector, and gives the government sweeping powers to control union activity and have unions dissolved by the courts where they “do not comply with the law”.

A law on “Revolution Protection” will make workers subject, like any other criminal, to face jail if they strike or stop work. The provisions on banning strikes include penalties of 2 years in prison and fines. These articles already exist and workers have been calling for them to be abolished. Instead, the proposed Constitution makes the law worse by giving prosecutors the right to detain workers for 6 month even before trial.

It also bans people over 60 years old from serving on union executive bodies, and allows the Labour Minister to hand-pick replacements for people removed under that law. Provisions which would have supported women’s rights have also been struck out of the draft Constitution.

The International Trade Union Confederation (ITUC) has written calling on President Mohamed Morsi (http://www.ituc-csi.org/egypt-mubarak-mark-ii.html ) to ensure that both Egypt’s laws and Constitution give full effect to international human rights, and in particular the fundamental rights of workers.

Sharan Burrow, ITUC General Secretary said, “The international trade union movement had tremendous hope for a new Egypt following the revolution and was excited that our brothers and sisters might at last have a chance to build a vibrant, democratic trade union movement. There is no question that the proposed Constitution and new trade union law present a serious setback to realizing that goal.”

Maruti Suzuki and Hyundai India workers get solidarity message from UAW

In support of the Indian auto-workers the UAW President Bob King, also IndustriALL’s Automotive sector president, sent letters of protest to Hyundai Motor India and Maruti Suzuki managements against their concerted anti-union and anti-worker campaign.

Supporting Maruti Suzuki workers’ cause in a correspondence to Shinzo Nakanishi, Managing Director and CEO of Maruti Suzuki India Limited, Bob King expressed shock and serious concern with the recent actions by the management and Haryana police to repress the fundamental labour rights of its employees at the Manesar car assembly plant. He called upon the management to reinstate all terminated workers, immediately recognize the democratically-elected Maruti Suzuki Workers’ Union (MSWU) and engage in collective bargaining.

Bob King also appealed to the State of Haryana to cease repressive measures against Maruti Suzuki workers and their families, to withdraw all false charges against workers and to release all of the 149 workers imprisoned following the 18 July 2012 incident at the plant. Further he called for an independent and impartial investigation into the role of all sides in this incident, including management and security personnel.

In a message to R Sridher, General Secretary, HMIEU, Bob King conveyed strong solidarity and support to their struggle for trade union rights. In a message to Bo Shin Seo, Managing Director and CEO, Hyundai Motor India Limited, Bob King expressed serious concerns regarding Hyundai Motor India’s recent anti-worker policies and practices at its Sriperumbudur Plant in Tamil Nadu. Condemning the company’s failure to reinstate the remaining 27 workers fired in 2008, he called upon the management to recognize the HMIEU or hold a fair secret ballot election to decide the majority union. 

Talks break down in Colombia

USO negotiating committee, representing the Termotecnica workers in Colombia, sat down with management on 24 November in a final effort to come to a negotiated solution to end the struggle.

Cepcolsa, the Colombian subsidiary of Spanish-based CEPSA, to which Termotécnica provides services, is however not interested in a solution through dialogue. It became clear to the union in the negotiating process with Termotecnica that CEPSA had not given the company approval to consider the 18 demands put forward by the union. With regards to the economic demands, the union made all possible efforts to bring their demands down to the lowest acceptable level but the company showed no willingness to consider.

USO’s negotiating committee was joined in the talks by IndustriALL, showing the company the global support USO has.

The USO negotiating committee had stated that “We will do our best to find a negotiated solution, but we will not rule out the risk of failure in this last round.” USO insists on the path to constructive dialogue, justice for the working class, and achieving a solution at the negotiating table, but the company’s intransigence has left no hope for a solution.

In the past both companies, Termotécnica Coindustrial SA and Cepcolsa had refused to negotiate the list of demands of Termotécnica’s workers, presented through USO, the trade union chosen to represent them. On 10 October, the Colombian Ministry of Labour issued a sentence in favour of the workers and the USO, obliging the parties to negotiate. Until late November, Cepcolsa and Termotécnica had not reacted to this decision of the labour ministry.

The decision gave the parties a time frame between 1-20 November to negotiate and come to a solution. The company management sought the maximum delay with regards to the notice issued by the Colombian Ministry of Labour and finally another extension was granted until 25 November, which proved ineffectual considering that there was no willingness from Termotecnica to enter into meaningful talks with the union.

IndustriALL Global Union has sent letters to Termotecnica and the Colombian president, condemning the anti-union practices of local management in refusing dialogue with union representatives and the various forms of union-busting used in violation of core ILO Conventions 87 and 98. IndustriALL continues to express solidarity and support for its affiliate USO and calls on affiliates to send letters to the Colombian President, the Ministry of Labour and Chairman of CEPSA.

Support Colombian glass workers in conflict with Owens Illinois

In accordance with Colombian labour law the Cristalería Peldar management was mandated to conduct negotiations with Sintravidricol, beginning on 13 November, in the Lancaster House Hotel in capital city Bogota.

Negotiations began encouragingly with both sides outlining the importance of open, respectful talks in a spirit of win-win for both sides of positive industrial relations. However, before the end of the opening day of talks, management negotiators attempted to kick out the union arbiters from national centre CUT from the negotiating table. This was in contradiction with Colombia’s labour law.

This set the tone for the company’s negotiating committee’s provocative, anti-union stance throughout the 16-day negotiations. There was no indication at all of any interest from the management side to resolve the labour conflict with Sintravidricol.

However the Sintravidricol negotiators Pablo Castaño, William Uribe, Alejandro Torres, Manuel Murcia, Mario Orjuela, and Manuel Alonso continued in accordance with the agreed timeline of talks until today, 29 November the final day for solution to be reached.

Any last opportunity for management to enter good faith talks must be taken before 2 December, as three legal options remain: prolonged talks for a period of 20 days where there is a common willingness to reach a settlement; a tribunal; strike.

Strike action is the likely next step. You can send your message here to the Peldar President Alvaro Suarez and Technical Vice-President Carlos Sanchez. Your message will also be sent to Sintravidricol.

A group of IndustriALL-affiliated trade unions initiated the formation of a global network at US-based glass packaging manufacturer Owens Illinois (O-I) on 22 October 2012. Sintravidricol and the United Steelworkers (USW) especially have a history of support and solidarity with each other as both unions face the same hostile employers.

Cristalería Peldar manufactures glass for general household tableware, beer glasses, blood transfusion bottles, flat glass, and window glass.

Parent company Owens Illinois is the world's largest glass container manufacturer and preferred partner for many of the world's leading food and beverage brands. With revenues of US$7.4 billion in 2011, the company is headquartered in Perrysburg, Ohio, USA, and employs more than 24,000 people at 81 plants in 21 countries (USA, UK, Ireland, Germany, France, Hungary, Czech, Poland, Australia, New Zealand, Indonesia, China, Colombia, Brazil) (www.o-i.com). 

Trade union caucus pushes labour agenda at COP18

Host country Qatar has a record of horrible practices with respect to migrant workers and trade union rights. Trade unions are illegal and most of the work in the country is done by precarious migrant workers who are accorded no rights and little respect.

COP15, in Copenhagen, concluded without commitments for future actions and funding. There was some progress at COP16 in Cancun, and COP17 in Durban, in at least resuming the process and reaffirming the credibility of the UNFCCC process. However, we are now at the end of the initial commitment period of the Kyoto Protocol, and the risk is that whatever commitments existed within the KP could be lost without having anything to replace it with. With varying dates proposed for a second commitment period of the Kyoto Protocol; and 2020 as the starting date for the Durban Platform (whatever it may eventually contain) we are headed for a fragmented future.

Most of the negotiating tension at COP18 will likely be around issues such as the effective end date of the Kyoto Protocol and the fate of past decisions made in the AWG-LCA. Issues of finance, conditionality and verification of commitments will also be a tension point. COP18 is judged unlikely to be able to deliver major decisions on money or funding sources.

Addressing the opening plenary of the Ad Hoc Working Group on Long-term Cooperative Action under the Convention (AWG-LCA) Doha, Qatar, Tuesday, 27 November 2012, IndustriALL Director for Health, Safety and Sustainability Brian Kohler, on behalf of the international trade union movement stated:

We support the discussions surrounding a 2nd commitment period of the Kyoto Protocol. We believe it is important that the LCA ensure in its final mandate that the institutions and legal architecture built up within the Convention and Protocol so far, be preserved … I call on Parties to ensure that past LCA decisions, including those related to Just Transition, are not lost when Parties re-orient their work towards the Durban Platform.

The Climate Fund governance has just been set up. It is dominated by central banks and they are not willing to allow participation by labour and NGOs. They feel no political responsibility to grant unions space which is a major democratic deficiency. Unless trade unions are able to get the right governance in place, they will express concern and insist on some democratic control. Unions will not be able to see or influence decisions to fund e.g. private initiatives, instruments, projects that do not respect labour and social standards and it risks becoming a 100 billion dollar corruption fund.

As for funding sources, the financial transaction tax is being overlooked; while the central bankers seem to favour a carbon tax.

Young Latin American and German workers attend exchange programme meeting in Brazil

As part of their political and financial support to IndustriALL affiliates in Argentina and Brazil, IndustriALL Global Union, FES and Germany's IG METALL launched an international trade union exchange programme for young workers in Latin America and Germany, at Praia Grande, Brazil, 26-30 November.

The activity forms part of a project organised by the IndustriALL Regional Office for Latin America and the Caribbean and was attended by about 40 young workers representing affiliated trade unions in the metalworking, textile and chemical sectors in Germany, Argentina, Brazil, Colombia, Chile, Nicaragua, Paraguay, Peru and Uruguay.

The programme aims to promote an exchange of experiences about the living conditions and trade union movement in the respective participating countries.

At this first five-day meeting, participants learned about collective bargaining, youth and gender policies in IndustriALL's Brazilian affiliates and union networks in transnational companies.

Delegates also visited the offices of local unions, Red TVT (the television station run by the ABC Metalworkers Union, affiliated to CNM/CUT) and  Força Sindical's national office. They also visited a lorry assembly plant and a chemical factory to discuss union organisation at company level.

Fernando Lopes, IndustriALL Assistant General Secretary, Jorge Almeida, IndustriALL Regional Secretary for Latin America and the Caribbean and Marino Vani, Assistant Secretary for the region, welcomed participants to the meeting along with Joao Cayres, CNM/CUT's General Secretary and Joao Carlos Gonçalves, Força Sindical's General Secretary.

Further meetings of the exchange programme will be held in Argentina and Germany in 2013 and 2014. The objective of these meetings is for young workers to learn about international trade unionism, trade union organisation, structures, actions and policies and collective bargaining.