NUM strike upholds rights at Northam Platinum

Protesting workers at Northam’s Zondereinde mine in South Africa were unhappy at management plans to unilaterally change recruitment and sick note policies. 

"There were clear indications to divide, weaken and reverse all the progressive policies that are regulating the employment relations at Northam Platinum Mine. (For example) workers discovered that a white female employee was employed without following proper procedures. When management was alerted to this malpractice they tried to justify it. Employees further demonstrated against this practice. Management responded by threatening disciplinary action without dealing with the actual issues," said NUM General Secretary Frans Baleni.

IndustriALL Global Union affiliate, NUM, says the company also attempted to discipline workers who had valid sick notes and force them to work while they are injured or unwell.

"Workers were also subjected to unfair dismissals for being on valid sick leave. We suspect that management wanted to alter these policies for intentions known to them without informing the union leadership and without following the due processes," Baleni added.

As a result of negotiations, a draft memorandum of understanding was accepted by the workers, in which the parties have agreed the following:

Northam Platinum produces around 1,000 ounces of platinum group metals per day, which is 65 per cent of the mining company’s total output.

Union rights victory at Ashton Apparels in Kenya

The wildcat strike broke out in the Kenyan city of Mombasa on 5 January when workers from several factories owned by Ashton Apparel EPZ Ltd demanded the reinstatement of 120 unionised workers. These workers found that they had been made redundant upon returning from their Christmas leave. They also want the company to recognise TTWU.

“The company has been violating labour laws by denying workers their constitutional rights to join the union of their choice and victimizing employees who have voluntarily joined the union,” said TTWU General Secretary,  Joel Chebii.

The company has also refused to sign a recognition agreement with TTWU and deduct union dues from the union members’ wages.

In a letter sent to Ashton Apparels EPZ Ltd, Jyrki Raina, General Secretary of IndustriALL Global Union, brought to management’s attention that the company is in breach of national labour legislation as well as international core labour standards, including the International Labour Organizations’ Convention 87 on Freedom of Association and Protection of the Right to Organize and Convention 98 on the Right to Organize and Collective Bargaining.

Raina states “it is imperative that take urgent corrective steps to address the demands of the Tailors and Textiles Workers Union. He calls on Ashton Apparels EPZ Ltd to “reinstate the 120 workers, sign the Recognition Agreement, deduct union dues from the union members’ wages, and stop harassing unionized workers.” Should demands not be met, Raina has said that further actions will be taken, including bringing these violations to the attention of buyers sourcing from the company.  

On 14 January a Kenyan court ruled in favour of the dismissed workers and ordered Ashton Apparel to reinstate workers immediately. “Striking workers have returned to work today together with their reinstated colleagues,” said Ezra Ojuka, Deputy General Secretary of TTWU. “Workers have shown Ashton Apparel that the union cannot be ignored and that they are prepared to stand united for their rights.”

Murder exposes rampant sexism in South African mines

Mosiane was 27 years old and had been employed at the mine for three months when, on 6 February 2012, while working alone in an isolated area, she was brutally attacked. She was found alive by another colleague some time later reportedly lying in a pool of her blood with a discarded condom nearby. She died shortly after.

Acting NUM National Spokesperson Livhuwani Mammburu said:

“As a vulnerable woman and a mineworker, she risked her life to support her family and faced all kinds of safety hazards underground. The news of her untimely and brutal murder was difficult to bear for the NUM and its members. We hope that since her brutal death Anglo American Platinum has taken steps to improve the safety of women working underground so as not to deter women from seeking employment underground.”

Shortly after Mosiane’s death Chamber of Mines spokesperson Jabu Maphalala reportedly said: “The Chamber deals with safety issues such as rock falls, dust and noise, and does not deal with gender-specific safety issues”.

This is unacceptable given that the Mining Charter states that women should form 13 per cent of mining companies’ workforces yet most mines have not made sufficient attempt to accommodate and integrate women workers they employ and address the issue of their safety.

Anglo Platinum has been noticeably silent on the verdict. The company undertook to conduct its own investigation, the findings of which have not been made available and to improve safety of women working in their mines, exactly how they are doing this is unclear. It is reported that at the time there were 3815 workers of which 262 were women working at the mine.

Mosiane has not been the only victim off gender based violence underground in South Africa’s mines that has had a fatal end. Cynthia Setuke was attacked and murdered on October 9 2013 at Aquarius platinum mine's Kwezi shaft in Rustenburg. Her sister Ceciliah Setuke links the lack of action after Mosiane’s murder to the attack of her sister and asks how many murders it will take before working conditions for women underground are addressed.

Setuke says:

“Cynthia was a member of the National Union of Mineworkers. My understanding is that the unions fought for women to also have equality in areas where previously men predominantly worked. Fine, we were all happy that women can go and work in the mines underground but does this actually open doors to further abuse and humiliation to women? Is this what the union fought for? My understanding is that women must be able to work anywhere without any fear”.

The NUM welcomed the final judgement of the gruesome murder suffered by Pinky Mosiane saying that the sentencing would bring closure to this painful chapter for her family, relatives and friends. Sanki Molefe, a female miner and NUM Rustenburg Women's Structure Chairperson said: "The sentence itself cannot bring back the life of Pinky Mosiane. But we are happy that justice has finally been served."

She adds:

“After Pinky’s murder, The Department of Mineral Resources has issued a directive that women should not be made to work alone in an isolated area underground but when another woman was murdered at Aquarius, the mine claimed to not know of this. The directive must be implemented in all mines and measures put in place to ensure the safety of women workers underground.”

Justice for Mosiane worked too slowly to save another victim. Despite a limited pool of suspects, confined to those that were underground at the time of the attack on Mosiane, it took 20 months to arrest Tutu Rooi Oliphant, a contract worker at the Anglo Platinum. Oliphant was arrested while in prison on a 25 year sentence for raping a 5 year old child, an attack carried out after he raped and murdered Mosiane.

Continued strike at Glencore’s Koornfontein mine

Mining giant Glencore had offered the workers one week of service per year in the Koornfontein mine, and in other operations it would pay three weeks. Workers in Koornfontein not only have to deal with losing their jobs but also an unfair settlement for the many years they produced coal for Glencore.

IndustriALL Global Union affiliate National Union of Mineworkers’ (NUM) General Secretary Frans Baleni says Glencore refuses to pay a decent retrenchment package:

“Contrary to the practice in the industry of two weeks for each completed year of service Glencore wants to pay one week for each completed year of service. We are mobilising our international unions affiliated to IndustriALL to join us in attacking this unacceptable conduct.”

In an effort to find a solution and end the strike, the NUM has involved a mediating party. But at a meeting on 24 November Glencore failed to meet the union’s revised proposals.

"Today marks the 49th day of the peaceful strike fighting a multinational company refusing to pay a decent retrenchment package to workers, claiming that it does not want to set a precedent," Frans Balen continues.

"The retrenched workers have zero chance of employment post retrenchment. This is an essence a death sentence and the NUM will fight tooth and nail to make sure our members get what they demand.”

IndustriALL Director of mining Glen Mpufane says:

”Glencore’s refusal to work with trade unions to find a reasonable solution to this conflict is outrageous. We fully support the fight of the miners and urge Glencore to settle this matter urgently.”

The NUM conflict is one of five conflicts currently running at Glencore operations in Peru, Colombia, Australia, and the USA. IndustriALL will mount a global response to Glenocore's union busting agenda.

IndustriALL’s magazine out now!

The Global Worker feature “Campaigning, organizing and winning” puts the spotlight on some of the latest frontline battles waged by IndustriALL and it’s affiliates. From Cambodian unions fighting to increase poverty wages, to America’s Autoworkers (UAW) organizing workers in the union-hostile Southern US, this feature takes a look at how unions are taking a strategic approach to achieve success. 

IndustriALL’s Stop Precarious Work campaign saw the biggest ever affiliate participation this year. The Global Worker special report looks at how unions are fighting back by limiting precarious work through collective bargaining agreements and legislation.

Readers will find a number of profiles in this issue of Global Worker, one on the Construction, Forestry, Mining and Energy Union (CFMEU) fighting for Australian workers and another profile on Alejandra Ancheita, a Mexican human rights lawyer putting her life on the line for workers. Since this edition coincides with IndustriALL’s Executive Committee meeting in Tunisia, one of the profiles takes a glimpse of how Tunisian trade unions are paving the way to stability.

Also take a look at IndustriALL’s interview with Sharan Burrow, “The world needs a pay rise”.

While women unionists work in traditionally male-dominated fields, a report on women in Latin America gives a snapshot of how they are leading within their union structures despite the discrimination that they face.

Sign up to receive copies of Global Worker in English, French, Spanish or Russian by writing to [email protected]

Also view the Global Worker online version here: http://www.industriall-union.org/globalworker

FEATURE: IndustriALL: Campaigning, organizing, and winning

FEATURE

TEXT: Tom Grinter

This article looks at some of the latest frontline battles waged by IndustriALL and its affiliates. America’s autoworkers’ union, the UAW, is using new tactics to organize in the union-hostile Southern US; Cambodian unions are fighting to win an increase to poverty-level minimum wages; Philippine affiliate MWAP resisted a vicious union-busting attack with international support; and the Rio Tinto campaign organized contract workers in Madagascar.

Global support for UAW’s organizing campaigns

The UAW has historically held strong sway with the ‘Big Three’ US auto companies, GM, Ford, and Chrysler, resulting in good employment conditions for members and strong economic performance for the companies. When the global crisis hit the industry in 2007-2008 a mature agreement with the UAW saved both GM and Chrysler. Now it is vital for the union to organize the non-American auto companies operating in the US.

The three major targets are Volkswagen (VW) in Chattanooga, Tennessee; Daimler in Tuscaloosa, Alabama; and Nissan in Canton, Mississippi. Labour rights abuses have been rife in all three locations, and outside anti-union pressure is enormous. The Southern culture of exploiting workers and getting away with it is made possible by low union density and anti-worker politicians. This challenge is being tackled head on by the UAW with the full support of IndustriALL and key allies.

UAW Locals 42 and 112 were established on 10 July and 3 October by workers at Volkswagen in Chattanooga and at Daimler in Tuscaloosa. At every single Volkswagen and Daimler plant in the world employees belong to a company-recognized union – apart from in Chattanooga and Tuscaloosa. The demand on these multinationals is simple: afford these workers the same rights as the rest of your employees, recognize their union and bargain collective agreements.

General Secretary Jyrki Raina led an IndustriALL solidarity trip to these three locations in October, including an international support mission to the Nissan organizing campaign in Canton. Organizers and workers shared their stories of shocking intimidation and of their inspiring fight-back. The IndustriALL affiliates representing Nissan workers, as well as employees of corporate partner Renault, set the plan for continued international campaign action and pledged to take the accounts of rights violations back to management in their home countries.

In UAW Local 42’s ‘War Room’ in Chattanooga, Jyrki Raina told members:

You are not alone. You are part of a big global family of 700 unions in 140 countries. The automobile industry is IndustriALL’s strongest sector, most unionized. IndustriALL members in the sector have good salaries and conditions, and functioning labour management relations. Every plant has problems, but the union and works council are there to solve them. Now you have a union and we eagerly await the next steps in getting recognition from VW.

International solidarity has been central to the organizing campaigns at VW and Daimler. German union IG Metall used its strength to ensure neutrality from both companies and a pathway to establishing UAW union locals. The Japanese JAW and JCM are working with UAW to win similar assurances from Nissan.

A work place election at VW in February was narrowly lost by the UAW by 712 votes to 626. The vote made clear to all involved that under current US labour legislation free and fair worker representation elections are impossible in the region. A vehemently aggressive anti-union campaign led by Republican politicians and anti-union lobby groups used threats and intimidation to highjack VW’s neutrality. Particularly shocking was Tennessee’s Republican Senator Bob Corker’s bare-faced lie that if workers voted in the UAW, a new SUV production line would not brought to the plant. The opposite was true.

With IG Metall’s strong support, UAW switched to plan B. Instead of an election, Local 42 has collected the support of a majority of the plant’s workforce and a consensus agreement was reached with global VW management to recognize the Local once a majority is confirmed through card check. Important developments are expected before the end of 2014.

Extending German co-determination to Alabama

Daimler’s global commitment to the German principle of ‘co-determination’ between management and employees will be put to the test in Tuscaloosa, Alabama. The UAW already represents nearly 7,000 workers at Daimler plants in the US, with positive industrial relations bringing mutual benefits. An agreement between the UAW, the Daimler World Employee Committee and IG Metall aligns the joint commitment to extend the company’s practice in the rest of the world to Alabama.

World Employee Committees are established to create mutual trust and worker representation across borders in the spirit of solidarity. The meetings ensure equal information for all and discussion on an equal footing with the top management.

Dennis Williams, UAW president states: “It’s time for the committed and hard-working employees at MBUSI (Mercedes-Benz US International) to have the same representation that Daimler employees enjoy around the world. It’s the right thing to do. Plus, it will improve productivity and quality, ensuring success for both the company and the workforce.”

“We are asking Daimler to respect our right to representation and give the same opportunities to Alabama’s working families that have been extended to our counterparts elsewhere in the U.S. and around the world,” said Mercedes worker Rodney Bowens at the announcement of Local 112.

Leaders of the Daimler World Employee Committee and IG Metall also participated in the unveiling of the new local.

Gary Casteel, the UAW’s secretary-treasurer, and vice chairman of the Daimler World Employee Committee, called on the company to work with the new local union. “Daimler has a clear global commitment to employee representation.”

Once UAW Local 112 is recognized, first priorities of the union will be to bargain on improved plant safety and regularizing the more than 1,000 temporary workers at the plant.

Sweltering with the heat of injustice

Fifty years on from the height of the civil rights campaign for racial equality in Mississippi and throughout the US, Nissan workers are drawing parallels with their current treatment. The abuse of Nissan workers in Canton is extreme. Sexual harassment, threats, concerted bullying aimed at forcing permanent staff to quit and be replaced by contract workers, poverty wages of US$12 an hour, no say in shift timing, ban on pro-union t-shirts, bad safety standards, sackings, no pensions, and no dialogue with the UAW or IndustriALL – and that is only an introduction. This group of workers needs and deserves a union.

Union supporters are tailed by Nissan security officers as they drive home, or to the union office. One-on-one meetings are conducted where workers are intimidated about supporting the union, and every new hire is shown an anti-UAW video.

Under the banner ‘Union Rights are Civil Rights’ the UAW has been campaigning for four years to establish a company-recognized trade union in the Nissan plant.

The organizing drive has staunch community support from many groups, most notably the NAACP and MAFFAN. The NAACP is an organization that fights for racial equality with a rich and important history through the fight against racial segregation in the US. Daily support from NAACP has included a hard-hitting public report outlining the constant threat from Canton management that the plant will close if workers organize a union. MAFFAN brings together a large group of senior local church leaders who denounce the mistreatment of Nissan’s employees as un-Christian, together with elected officials, activists and students.

The 50th anniversary of the 1964 Freedom Summer march was marked by 1,000 people rallying at the Nissan plant. Civil rights veterans from the 1964 campaign marched side by side with Nissan workers, and other community activists. The message to Nissan was loud and clear: We fought to end these human rights abuses 50 years ago, workers’ rights are human and civil rights.

IndustriALL led a six-country trade union delegation to Canton in October representing over 150,000 Nissan workers, and workers at corporate partner Renault. These unions have reasonably good relations with the company elsewhere but have come up against harsh opposition when supporting the Canton workers.

Key members in the delegation were assistant general secretaries of the Japanese unions JAW and JCM. These senior trade unionists pledged continued solidarity with the Canton organizing drive, arguing that the Canton site should be organized and pledging to continue to lobby global management to ensure neutrality.

Nissan’s corporate partner Renault holds a 43.4 per cent stake in Nissan and the partnered companies have one CEO, Carlos Ghosn. The IndustriALL Global Framework Agreement (GFA) with Renault is a model agreement with strong language on decent wages, trade union rights, health and safety, and supply chain coverage. General Secretary Jyrki Raina argues that two sets of ethical principles cannot exist within one corporate group, therefore extension of the GFA to Nissan operations will be pushed.

A positive development is expected in the UAW-IndustriALL OECD complaint lodged in the US. Nissan’s blocking of their workers’ right to join a union is in breach of the OECD Guidelines for Multinational Enterprises.

Jyrki Raina states:

Our basic message to Nissan is that we will not go away until you treat your workers with respect and dignity. We will fight together and implement concrete international solidarity until the UAW has a recognized union at Nissan in Canton, Mississippi.

2014: Year of mass mobilizations for a living wage in Cambodia

Cambodian garment workers kick started this year’s campaign actions around the world with mass wage protests and strikes. The lines were drawn when Royal Police were deployed to arrest trade union leaders and violently attack demonstrators on 2 and 3 January. Four activists were shot dead and 37 seriously injured.

IndustriALL affiliates in Cambodia continued to mobilize throughout the year. An initial raise in the monthly minimum wage from US$80 to US$100 was nowhere near the demand of US$177. The government established a tripartite Labour Advisory Committee (LAC) for wage negotiations to take place, but repeated delays and postponed deadlines brought workers out to the streets of capital Phnom Penh again and again.

IndustriALL linked up with global allies ITUC and UNI Global Union, working together to mobilize international support and to lobby brands. An unprecedented move by major brands was achieved on 18 September when they jointly wrote to the government and the Garment Manufacturers Association (GMAC) to call for an increased minimum wage that they would pay for through increased purchasing prices. The brands also pledged to work with unions to develop workplace skills and efficiency.

The eight brands setting this example in Cambodia are H&M, Inditex (Zara), Primark, Next, New Look, C&A, Tchibo, and N Brown Group.

IndustriALL, UNI and ITUC organized two global days of action in support of the Cambodian workers’ campaign. The first global mobilization on 10 February saw loud actions in 12 countries, besieging Cambodian embassies to call for the immediate release of jailed wage activists. The second global action day, on 17 September, was held in conjunction with mass wage demonstrations in Cambodia. The international actions focused on the Cambodian government, demanding a living wage for the garment workers who create a US$5 billion industry. Both action days generated positive developments but the campaign continues to fight for better wages.

Philippine metalworkers defeat union-busting

From 5 May to 26 September this year IndustriALL unions around the world joined Philippine affiliate MWAP to refuse their employer’s attempt to bust the union. NXP, market leading microchip producer, sacked the entire 24-member executive committee of the union that had been in the plant for 33 years. The global campaign celebrated victory on 26 September with a labour agreement that brought significant gains and maintained the union.

The victory was important because it happened in the hostile Cabuyao special economic zone where companies’ no-union, no-strike policy is supported by a complicit government and judiciary. The result sent a clear message to other employers and workers in the industry and region.

We waged a strong battle resulting in a major victory,” said Reden Alcantara, MWAP National President. “We encountered many difficulties in this long and painstaking struggle but we never stopped searching for solutions. We have come this far because of the unity of our members and the all-out support of our global union IndustriALL and of our other supporters and friends from the local and international community. The NXP management failed to bust our union. That, to us, is our biggest victory.

Top management stood by the decision to sack all 24 elected union officials for taking time off on national holidays. Instead of taking the opportunity to bargain in good faith with the union, aggressive security measures meant to intimidate workers were taken. Police and NXP security guards were deployed in and around the plant and workers’ shuttle buses, and gated checkpoints were built.

Undeterred, hundreds of MWAP supporters repeatedly opened the checkpoints with wire cutters to conduct pickets and marches outside the facility. Negotiating venues were picketed and national mobilizations held. All 15 IndustriALL affiliates in the Philippines issued joint support.

Many pressure points were exploited by IndustriALL and MWAP’s campaign. Corporate customer action singled out Apple once it was discovered that NXP would supply important technology for the new iPhone 6. Apple received over 150,000 petitions and 14,000 official complaints through SumOfUs. A large and targeted social media campaign flagged the labour rights flaw in the new iPhone 6, and collaboration with the business and human rights community spread the news and built support for MWAP. LabourStart petitioning targeted NXP management.

Unions in other countries representing NXP workers and NXP’s top customers were mobilized to demand an end to the attack on MWAP. Sophisticated internal and external communications kept all supporters informed, facilitating public pressure on NXP and its customers.

A number of IndustriALL affiliates including AMWU, IF Metall, IG Metall, Metalliliitto, Unite and USW provided critical support in the campaign. IndustriALL’s sister global union UNI also provided support and had started preparations for the next stage in the campaign, targeting the retail operations of Apple and other corporate customers of NXP. Demonstrations at Apple Stores were conducted by United Students Against Sweatshops (USAS) in Los Angeles and Chicago, with participation from USW activists and leaders, and these were to be repeated in other countries.

Although 12 of the dismissed 24 union officials were forced to accept a large separation payoff, the other 12 returned to work with a re-energized bargaining unit. The 26 September settlement included wage hikes of 12.25 per cent over three years and permanent employment for a number of contract workers. Some of the paid-off 12 will use the money to start their own businesses while others will become fulltime trade union activists focused on organizing neighbouring work places and ensuring full implementation of the new NXP agreement.

IndustriALL general secretary Jyrki Raina concludes:

It is through campaigning and organizing that we build unity, power and respect. Every day is campaign day at IndustriALL Global Union and we will continue to build our capacity to win individual work place struggles, corporate and country campaigns, and wider thematic campaigns. We count on your support for the next call to action.

Rio Tinto campaign organizes 300 workers in Madagascar

A key goal of IndustriALL’s Rio Tinto campaign is to grow union density throughout the company’s operations for a more powerful demand for respect. This mining operation employs 662 workers directly and 1,232 through subcontractors.

Despite fear of repercussions, both directly-employed and outsourced workers are being successfully organized by IndustriALL’s Malagasy affiliate FISEMA at Rio Tinto’s QMM mineral sand mine in Fort Dauphin. This followed an IndustriALL organizing workshop held in Fort Dauphin in August.

Most contractor employees at the facility work full time and exclusively for Rio Tinto but their minimum wage is five times lower than direct employees, and with no social benefits. Other issues around which FISEMA is organizing include bad health and safety, sacked shop stewards, and non-compliance with the labour authorities rulings in favour of workers.

Kemal Özkan, IndustriALL assistant general secretary, says:

“IndustriALL is committed to bringing FISEMA together with the global network of Rio Tinto workers to strengthen the fight for freedom of association and better safety and working conditions at Rio Tinto sites worldwide.”

The union used the 7 October global action day at Rio Tinto to denounce the excessive use of precarious labour, and took their concerns into a meeting with the CEO of Rio Tinto Madagascar.

SPECIAL REPORT: Unions putting a STOP to precarious work

SPECIAL REPORT

TEXT: Armelle Seby

As demands for flexible labour markets increase, companies are resorting to outsourcing and subcontracting, with precarious work exploding far beyond any legitimate needs.

Besides insecurity, precarious workers experience lower wages; limited training opportunities; lower occupational safety and health protection; fluctuations in hours of work; lower social security and social protection coverage; limited job mobility; and, critically, low or no trade union representation or collective bargaining coverage.

Collective bargaining is one of the most important tools trade unions have for regulating precarious work and the working conditions of precarious workers. But precarious work is often used as a way to undermine union organizing and collective bargaining. Trade unions universally face difficulties in organizing and representing precarious workers, whose association with a single workplace may be weak and short. Due to the insecure nature of their employment, precarious workers are often afraid to join or form a trade union.

In several countries, agency and outsourced jobs are reclassified in a way that legally prevents these workers from being eligible for membership in the union where they work.

For workers in triangular employment relationships, bargaining can be almost impossible. The user company where they work controls their working conditions, yet the agency or sub-contractor is their legally recognized employer, even though it has no actual control over their work.

Overcoming obstacles to collective bargaining

Outsourcing generates a real risk of fragmenting trade unions’ bargaining power, with single companies contracting multiple numbers of subcontracting firms or temporary agencies.

Organizing precarious workers in an existing union better protects precarious workers and builds stronger unions. This in turn protects permanent workers by preventing division of the workforce into separate, isolated bargaining units. Once the union can show that it is able to bargain collectively on behalf of precarious workers, they will be more likely to join the union when they see that it can do something for them.

In Germany, the major unions have established specific bargaining associations for temporary agency workers in order to recruit these workers and to enforce equal treatment arrangements in collective agreements. In 2012, IndustriALL affiliate IG Metall, gained 38,000 new members among temporary staff through a strong focus on improving conditions for agency workers.

Industry-level bargaining

Coverage of sectoral agreements is often high as a result of the number and size of the companies bound by them. Extension requirements under the law may further increase the reach of the agreement. If agreements cover ‘all workers’ engaged in an industry, as opposed to ‘employees’, coverage can be expanded to include workers in precarious employment relationships.

In Denmark, unions in the industrial production and construction sectors have negotiated sectoral agreements which include protocols on agency work. These protocols state that agency workers must be employed in accordance with the sector-specific agreement, covering all aspects of pay, working time and other important terms and conditions of employment.

In Argentina, the oil and gas federation FASPyGP succeeded in negotiating a clause in the gas industry collective agreement which stipulates that all provisions of the agreement apply equally to subcontracting firms.

In South Africa, NUMSA has reached several industry-level agreements in different sectors (automobile, tyre, metal) that aim at phasing out labour brokers and improving the working conditions of precarious workers.

Company-level bargaining

Collective bargaining at the level of an individual company is more likely to exclude precarious workers, such as agency and outsourced workers, as they are not direct employees of the user company. When industry-level bargaining is not achievable, bargaining directly with the user enterprise on behalf of both permanent and outsourced/agency workers is the best way to consolidate union strength and fight for equal conditions.

In Canada after a six month lockout at Rio Tinto in Alma in 2012, the United Steel Workers (USW) succeeded in negotiating a collective agreement limiting the use of outsourced workers to 10 per cent of the worked hours.

In the USA, USW also concluded an agreement with the tyre company Bridgestone that restricted the use of outsourced workers for maintenance. This clause has enabled the USW to limit the rate of outsourced workers in Bridgestone operations at five per cent. Bridgestone must also consult workplace union representatives on the necessity for, and scope of outsourcing.

Negotiating with agencies and contractors

Trade unions have also negotiated agreements with temporary work agencies or subcontracting firms that are recognized as the legal employers.

In the Chevron-Uni Thai plant (assembling offshore oil and gas platforms) in Laem Chabang, Thailand, two groups of workers supplied by different agencies managed to reach agreement with both agencies. Until then the workers had not been covered by a collective agreement and did not benefit from any rights.

A better alternative to negotiating with individual agencies or contractors is to conclude agreements covering the entire temporary staffing industry in a particular sector. While negotiating with agencies at national or sectoral level has delivered some important outcomes for agency workers, this has largely been restricted to unions in Western Europe. Such agreements are only possible where there is significant union strength among agency workers, where collective bargaining is well protected by the law and is well institutionalized.

Global bargaining

Global Framework Agreements (GFAs) provide an opportunity to set agreed limits on precarious employment through global level negotiations with companies.

The GFA between IndustriALL and GDF Suez holds great potential for limiting precarious work. In it GDF Suez “recognizes the importance of secure employment for both the individual and for society through a preference for permanent, open-ended and direct employment. GDF SUEZ and all sub-contractors shall take full responsibility for all work being performed under the appropriate legal framework and, in particular, shall not seek to avoid obligations of the employer to dependent workers by disguising what would otherwise be an employment relationship or through the excessive use of temporary or agency labour.”

Limiting precarious work

Setting limits on precarious work is crucial, since the more precarious work takes over, the smaller and weaker the bargaining unit becomes, making such agreements impossible in the future.

Some unions, including NUMSA in South Africa, are succeeding in concluding agreements that forbid or phase out the use of labour brokers in entire sectors.

Other agreements stipulate that unions will be consulted prior to changes that could affect the employment status of employees, and include tools and rights to monitor outsourcing processes.

In Canada, the agreement that settled the dispute at Rio Tinto Alma establishes a committee on outsourcing, comprising equal numbers of union and management representatives, which examines and makes recommendations on outsourcing proposals.

In Brazil, tyre union Sindicato da Borracha da São Paulo signed agreements with tyre companies (Bridgestone, Pirelli, Goodyear) which regulate the working conditions of direct fixed term workers. The agreements stipulate that temporary workers should not represent more than five per cent of the workforce involved in production.

In 2012, IndustriALL signed a global agreement limiting temporary work. The groundbreaking ‘Temporary Work Charter for the Volkswagen Group’ sets principles for use of temporary work in the entire Volkswagen Group worldwide (Volkswagen, Audi, Seat, Skoda, Rolls-Royce Bentley, Lamborghini, Auto-Europa). The agreement states that temporary work should not exceed five per cent and allows unions to monitor the proportion of temporary agency workers.

Converting precarious work to regular employment

Affiliates have launched several campaigns to regularize workers. In Senegal, SUTIDS bargained the regularization of 450 temporary workers, after negotiations with employers in six chemical and pharmaceutical companies: SATREC, SIPS, SIVOP, SPN, SYBEL and NDIAMBOURS.

Moving agency workers into direct and permanent employment is not always possible. Therefore unions try to convert agency work into direct temporary work as a first step. This often already allows the agency workers to join the unions and be covered by the collective agreement.

In Malaysia, trade unions in the manufacturing sector had applied to represent outsourced and agency workers, but the ministry of human resources rejected the application, arguing that the union was not competent to represent service workers. In response, the Paper Manufacturing Employees Union bargained the regularization of outsourced and temporary workers at Kimberly Clark Malaysia to direct fixed-term employment, so that these workers became entitled to the terms and conditions of the collective agreement.

Improving precarious workers’ working conditions and protecting their rights

Bargaining for equal pay and conditions between precarious and permanent workers has the dual benefit of eliminating discrimination and combatting social dumping. In many cases, affiliates have been able to bargain equal pay for equal jobs. The extension of the terms of a collective agreement in a particular sector or industry to all workers can also have a significant levelling effect.

Besides basic wages, pay includes allowances, seniority and other bonuses to which precarious workers may not have access. Equal treatment goes beyond pay to include access to social benefits, holidays, working hours, health and safety and training.

Measures aimed at controlling and limiting the use of precarious work must be well designed so that measures intended to benefit precarious workers do not result in them becoming more insecure. In the Netherlands, FNV Bondgenoten found that putting the right to a permanent job after a shorter period into a collective labour agreement can have the opposite effect, with employers firing agency workers earlier in order to avoid such provisions. It now also focuses on obtaining better wages, pension rights and training opportunities for agency workers.

Protecting health and safety of precarious workers

Studies since the 1990’s have shown that precarious workers experience greater health and safety risks than standard, permanent and direct workers.

Agreements that give trade unions access to the commercial contracts between the user company and the subcontracting company enable them to monitor the working conditions of outsourced and agency workers and to ensure a better protection of their health and safety.

Following the deaths of two contract workers from Romania in a fire that completely gutted the house provided by their employers, IG Metall signed a collective agreement in 2013 with the German Meyer Werft shipyard that extends co-determination to contract workers. The two victims were employed as contract workers by SDS, a recruitment agency for the shipyard that provided workers with deplorable living and working conditions. The agreement stipulates that worker accommodation must comply with the relevant standards. A ‘subcontractor agreement working group’, comprising equal numbers of management and worker representatives, was established to monitor compliance. Non-compliance is subject to penalties, including termination of the subcontractor agreement.

Protecting women precarious workers

Women workers are disproportionally affected by precarious work. Where employment rights are linked to length of service, precarious women workers may fail to qualify for maternity leave since they are likely to have shorter lengths of service. Sectoral agreements extended to temporary workers can enable women to access maternity leave rights.

In Senegal, SUTIDS has already achieved the regularization of hundreds of precarious workers, the majority of them men. The union is now bargaining for the regularization of women workers, and fighting to obtain maternity leave for women temporary workers who have no access to this right.

The struggle continues

Collective bargaining plays a vital role in limiting precarious work and protecting precarious workers’ rights and working conditions. However, the victories gained by unions continue to be challenged by employers.

Once agreements have been negotiated, they are not always respected and unions must continue to actively enforce them. When agreements close off access to precarious work in one area, employers find new ways to avoid secure employment.

And when agreements come up for renegotiation, unions have to fight again to keep the gains they have already won.

To be most effective, collective bargaining must be combined with other strategies to fight precarious work. This includes organizing precarious workers; building unity between precarious and other workers; raising awareness among workers and the general public of the dangers of precarious work; international action; and pushing for legislation that puts effective controls on the use of precarious work by employers.

First HIV and AIDS conference in Côte d'Ivoire

As part of World Aids Day, Côte d’Ivoire’s largest trade union federation, the UGTCI, will host an HIV and AIDS conference on 6 December, the first of its kind in the country. By bringing together trade unions and representatives from major industries to discuss the implications of HIV and AIDS organizers hope to bring about further change to the workplace.

Since 2004, IndustriALL has led an externally funded HIV and AIDS project addressing the pandemic at the workplace. The project which has targeted all kinds of workers – contract, temporary and precarious workers, as well as workers in the informal economy – and community members has had a visible impact on workers’ lives.

During this last year of the ten-year project, one of the main focuses has been on women and youth, as both groups are very important for an effective fight against HIV and AIDS.

Unions call for elimination of gender-based violence

IndustriALL affiliates in Colombia met and commemorated the day in Riohacha together with Igor Díaz, IndustriALL Executive Committee member. Women gave testimonials about their experiences with violence. Their stories ranged from harassment and persecution in the workplace to the issues faced by indigenous peoples when displaced by mining companies.

Jasmin, a Wayuu from the La Guajira Peninsula in northern Colombia, told her story about the violence the Wayuu people has suffered since the Cerrejón mine opened in the region. Cerrejón is one of the world's largest open-cast mines.

The Wayuu people were displaced and lost their ancestral lands, and the mining activities contaminated the water. Jasmin’s organization, Fuerza de mujeres Wayuu, is the only organization that has spoken out against the assaults.

A story was also told about harassment and persecution faced by women unionists at mining giant Glencore. A particularly active union leader at Glencore was asked by the company to leave the union when fell pregnant. Employers used her pregnancy as an excuse as she was seen as problem due to her activity within the union. This situation has pushed her to fight to put an end to this type of discrimination.

In South Africa, participants at the National Union of Mineworkers (NUM) Women's Conference commemorated the day by supporting the “16 Days of no Violence Against Women” campaign. This international campaign aims to raise awareness and to address policy issues regarding violence against women and children and also to campaign for the protection of survivors of violence.

In Turkey women from Petrol-Is launched a Twitter campaign to raise awareness on violence against women at the workplace.

The ITUC called upon all unions to continue to lobby their governments in view of adopting a proposal at the ILO Governing Body on gender-based violence. The fight to end violence against women continues.

Nigerian unions challenge obstacles to industrialization

Over 70 participants from trade unions, industry and government came together on 19 November 2014 to discuss the national industrial plan recently launched by the Nigerian government. Discussions highlighted the progress that has been made through policies in some sectors such as automotive. However, manufacturing sectors in Nigeria face multiple challenges posed by inadequate infrastructure as well as unfavourable taxation and other hindrances to investment.

A reliable electricity supply is critical for industrialization and participants agreed that privatization had resulted in price increases with no improvement in supply. Capacity has stagnated at around 4000 megawatts after two years of privatization. The roundtable called for more strategic public investment in electricity generation.

Addressing participants, General Secretary of the National Union Textile, Garment and Tailoring Workers of Nigeria (NUTGTWN) and IndustriALL executive committee member, Issa Aremu, said:

“Sustainable industrial development is one of the primary focuses of IndustriALL Global Union. Africa is endowed with raw materials but not adding value to them. Africa should stop being an exporter of raw materials and jobs, but a producer of manufacturing goods and a retainer of jobs.”

The roundtable was followed by a rally, with support from IndustriALL Global Union Africa Region, to mark African Industrialization Day on 20 November. Over 400 workers used the occasion of to raise issues hampering development of industrial sectors, including inadequate customs controls, insufficient state investment in refineries and electricity provision, and the need to revive manufacturing in the country.

In addition to NUTGTWN, affiliates that took part in the rally were the Nigeria Union of Petroleum and Natural Gas, National Union of Footwear, Rubber, Leather and Non Metallic Employees, Petroleum and Natural Gas Senior Staff Association of Nigeria and Chemical and Non Metallic Product Senior Staff Association. They were joined by prospective affiliates Steel and Engineering Workers Union of Nigeria and National Union of Electricity Employees as well as other agricultural and industrial unions.