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Why did NUMSA decide to make CAL a priority? 
 
Contract and agency work is one of the big challenges for trade unions. The percentage of contract and agency work has gone up. That&rsquo;s why NUMSA has demanded that the government ban labour brokers. Workers are exploited in a big way &ndash; because they are not employed by the primary employer they receive less benefits. They are easy to dismiss &ndash; a broker is just told to take that worker off my premises. 
 
In the engineering sector, labour brokers are regulated, but there are many loopholes. There is no proper monitoring system to make sure there is respect for their rights. 
 
In the auto sector, we won our demand &ndash; it was agreed that the use of labour brokers will be phased out until there are none. The workers who had been employed by brokers must become permanent. Despite the need the workers to have medical care, employers do not want to pay medical aid and also transport allowances. In the engineering sector, the employers have rejected our demand. In all sectors, there are more and more workers employed by brokers. 
 
Do permanent workers and labour broker workers receive different wages? Does this create tensions? 
 
This issue also divides workers. I work next to you but my conditions are not the same as yours. Why should I support you? If I am earning $US50 and you earn $US40 but we are doing the same work, that&rsquo;s inequality. South Africa is seen as the most unequal country in the world. Workers employed through labour brokers are on the minimum wage of the industry. 
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What are the challenges in organising labour broker workers? Have you had successes? 
 
In many of our companies, we organise labour broker workers. Some company unions are not strong, some workers are afraid. Labour broker workers are easy to dismiss. Labour brokers often say just don&rsquo;t come back. 
At ITRON, a company which manufactures pre-paid electricity meters, 100% of the workers are unionised. They have a history of dealing with the workers. They can challenge the primary employer if conditions are not up to standard. 
 
Then there is the constitution. There is the constitutional right to be associated with any organisation of the workers&rsquo; choice. We can use the constitution to fight when it comes to labour brokers. The union must be strong to fight. 
 
Canteen and cleaning workers are often outsourced. You find that these workers belong to another union. 
 
What are the main concerns and priorities for labour broker workers? 
 
In some companies, permanent workers get medical aid, but labour broker workers don&rsquo;t qualify. Medical aid is not compulsory. Labour broker workers don&rsquo;t have job security. They cannot plan in the long term. They live one day to the next. There is never stability in their life. The wages are different, mostly labour broker workers are paid the minimum wage of the industry. In terms of training and growth, as a labour broker worker you are compromised. 
 
In the auto sector, when we go to negotiate, we look at what we can demand that responds to the challenges. It might take one-to-two years before labour brokers are completely out of the industry, but at least there is that agreement for them. The workers know the union will give legal support. 
 
There are two parallel processes. We still continue to demand that labour brokers are banned and also, at the same time, we organise labour broker workers. The number of permanent workers has been drastically reduced. In the engineering sector, workers who have been retrenched must be employed first, but they do so with labour brokers &ndash; there are so many loopholes. 
 
An argument against the use of labour brokers is that they are a form of modern day slavery. They are the worst kinds of exploitation. These workers are vulnerable but trade unions can fight for their rights. There are more women working for labour brokers.

Interview with Christina Olivier, Vice President, National Union of Metalworkers of South Africa

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ICEM General Secretary Manfred Warda used his plenary address on 8 June to the 100th session of the ILO&rsquo;s International Labour Conference to denounce the labour practices of Swiss multinational Holcim, specifically against contract workers at two cement plants in India. 
 
Holcim subsidiaries ACC in Jamul and Ambuja Cement Limited in Rawaan are blatantly violating Indian labour legislation. The Contract Labour (Regulation and Abolition) Act of India stipulates that contract workers may only be hired to perform non-core functions, and that those who perform the same or similar kinds of work as regular workers must receive equal treatment in terms of wages and conditions. However, contract workers in both plants are employed to carry out tasks which are fundamental to production, but receive only one third of permanent workers&rsquo; wages. 
 
Holcim-ACC has refused to respect a Chhattisgarh State High Court ruling that it is using &ldquo;sham and bogus&rdquo; contracts, and should regularise 27 contract workers. A recent report found that contract workers at the plant do not have basic personal protective equipment, such as gloves, boots and masks, and are denied access to medical facilities, including basic first aid, in the factory. 
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Between September 2010 and March 2011, 80 members of Pragatisheel Cement Shramik Sangh (PCSS), the union representing the contract workers, were dismissed by Holcim-Ambuja. Management of the plant repeated refused to participate in conciliation efforts by the Regional Labour Commissioner at Raipur, and in early March the RLC directed the company to reinstate the workers by 25 March. Two days later, the company filed false criminal charges against leaders of the PCSS through two of its security officers. Addressing the ILO&rsquo;s plenary, Warda said: &ldquo;We demand that such malicious prosecution, which is an instance of union-busting and illegal labour practice under Indian labour law, be withdrawn and the management negotiate with the union on its justified demands, failing which we will be constrained to take action under international law.&rdquo; 
 
Warda denounced as &ldquo;deplorable&rdquo; the refusal of the Labour Minister of the State of Chhattisgarth to meet with 250 Holcim workers who had travelled to Raipur to demand implementation of the High Court ruling and reversal of the criminal charges against the union leaders. 
 
The ICEM General Secretary also made clear that it is incumbent on the ILO to urgently address the trend towards precarious employment relationships that is undermining the effectiveness of ILO Conventions 87 and 98 for workers all around the globe. 
 
The <a href="/wp-content/migration/icem/ICEM_Manfred_Warda_ILC_Plenary_Speech%20_8_June%20FINAL.pdf">full text</a> of the speech is available here. 
More information about Holcim India&rsquo;s practices can be found <a href="http://blogs.bwint.org/mnc/category/mnc-info/holcim/">here</a>.

ICEM General Secretary Spotlights Holcim as Contract Workers’ Abuser at ILO

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A strike by over 200 militants of the Metal and Allied Namibian Workers&rsquo; Union (MANWU) from 6-9 June succeeded in winning salary and housing increases at the companies of the Plastic Packaging Group, a polymer manufacturing and recycling chain of companies that operates in Namibia, Angola, and the Northern Cape of South Africa. 
 
At Namibian workplaces in Windhoek and Okahandja, striking MANWU workers forced company managers back to the bargaining table on 9 June, where they increased a previously unacceptable pay and housing allowance offer. The bargaining was aided by mediation from the Namibian Labour Commissioner&rsquo;s office, which on 23 May had declared the collective agreement unresolved. 
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The strike caused Plastic Packaging managers to raise a prior and combined 12% offer closer to the 19% demands of workers. The compromise agreement will give each worker an N$280 (&euro;29) monthly pay and housing increase retroactive to March of this year. 
 
The dispute was fraught with charges and counter-charges of threats and intimidation on shop stewards who were calling for the strike. The Plastic Packaging Group is Namibia&rsquo;s only maker and distributor of polymer packaging products. It consists of Plastic Packaging Namibia, Polyoak Packaging Namibia, and Namibia Polymer Recyclers, as well as Plastic Packaging Cape and Agno Plastics. 
 
MANWU is affiliated to the Building and Wood Workers&rsquo; International (BWI) and the International Metalworkers&rsquo; Federation (IMF).

Metal, Allied Namibian Union Wins Pay, Housing Gains in Packaging Strike

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From the International Union of Food &amp; Agriculture (IUF) Association
Business is doing well at Unilever&rsquo;s personal products factory at Doom Dooma in the Indian state of Assam. But nearly four years after management tried to destroy the union with a punishing six-week lockout, and almost one year since the IUF and Unilever formally concluded an agreement to settle the dispute under the auspices of the UK government, the workers are still waiting for their union to be recognized as their collective bargaining agent. 
 
The workers&rsquo; mood is one of deepening frustration. How has this happened? 
 
On July 15, 2007 a dispute over the breach of a provision in the Collective Bargaining Agreement (CBA) led to a lockout of 700 union members of the Hindustan Lever Workers&rsquo; Union. Management&rsquo;s condition for ending the lockout was that the legitimate union disbands and that all workers transfer their membership to a hastily improvised construction dubbed the Hindustan Unilever Democratic Workers Union (HUSS). Workers were forced to sign forms to this effect as a condition for returning to work on September 3. Shortly after this, a CBA with the new organization was registered with the local authorities &ndash; and workers found that their union check-off was being paid to the sham union against their wishes. 
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On December 5, 2007, the union protested this illegal subsidy to a non-representative trade union to management &ndash; together with a petition with 372 signatures, of names and employee numbers. 
 
In October 2007, the IUF followed a complaint about these union-busting practices with the UK National Contact Point (NCP) responsible for the OECD Guidelines on Multinational Enterprises. Nothing happened, either in Doom Dooma or at the NCP. 
 
In June 2008, the NCP suspended the complaint because the legitimate union petitioned the Assam High Court to hold a state-supervised election to determine which organization represented the workers for collective bargaining purposes. The Court took its time. Unilever continued to illegally deduct the check-off subsidy for their own creation. 
 
In February 2010 the High Court finally got around to issuing a decision: it had no jurisdiction to supervise an election, but there was no legal obstacle to the parties agreeing on an election procedure outside the court. 
 
In July 2010, Unilever and the IUF agreed, under the auspices of the NCP, to do just that. The illegal dues check off would cease, the authorities would be asked to conduct an election under agreed conditions, and should the authorities refuse a procedure was agreed to hold voluntary elections under a third party. 
 
The deductions stopped for a month &ndash; and then resumed. Only in February this year, did illegal deductions to the yellow union definitely cease. But workers cannot use the check-off to support the work of their own union &ndash; there is no check-off. And the elections exist only on a paper signed in London, with one excuse after another invoked to explain why they don&rsquo;t take place. 
 
For four long years, workers at the plant have been denied the right to support, with a contribution from their wages, the union they have repeatedly declared should represent them. By consistently refusing to implement an agreement signed by the IUF in good faith, Unilever has shown contempt for the Assam workers, for their union, for the IUF and for the UK National Contact Point. The IUF will take all necessary action in support of its members in Doom Dooma. 
 
See the full <a href="http://cms.iuf.org/?q=node/951">IUF report</a> here.&nbsp;

Patience Thin at Unilever-India as Company Evades Union Rights

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The ICEM and Public Services International (PSI) last week supported the OECD petition under the Guidelines for Multinational Enterprises of joint US affiliate Utility Workers Union of America (UWUA) against United Water, Suez Environnement, and GDF SUEZ for alleged environmental deceit and unfair labour practice complaints lodged by the US government against United Water. 
 
GDF SUEZ is signatory to a Global Framework Agreement (GFA) with ICEM and PSI, and compliance with the OECD Guidelines is one framework inside the GFA. In a 14 June letter to the National Contact Points of the French and American governments, ICEM and PSI General Secretaries Manfred Warda and Peter Waldorff called on the respective contacts points to intervene and mediate the charges contained in UWUA&rsquo;s petition. 

&ldquo;We have been aware of United Water&rsquo;s negligent social conduct in the United States since December 2010, first related to the felony indictment of the Clean Water Act by the US Justice Department, and later (May 2011) of the US National Labor Relations Board&rsquo;s (NLRB) issuance of labor law complaints against United Water for breach of standard collective bargaining practices with the UWUA,&rdquo; wrote the two Global Union Federations. 
<img alt="" src="" width="100" height="86" />&nbsp;&nbsp;&nbsp;&nbsp; <img alt="" src="" width="90" height="90" />
Under the GFA, ICEM and PSI had previously criticised GDF SUEZ over United Water&rsquo;s derisive social conduct in America. United Water is wholly owned by Suez Environnement, which in turn is 35% by GDF SUEZ. The GFA, signed in November 2010, covers all GDF SUEZ businesses, including ones in which the company holds a minority stake. 
 
The UWUA&rsquo;s OECD complaint cites the NLRB&rsquo;s unfair labour practice complaints against United Water at two separate locations where the UWUA represents workers and is now negotiating with the company over renewal agreements. The US government agency charges management with failure to provide relevant information to the union related to bargaining. The GFA specifically references transparency in labour-management forums in pledging adherence to the OECD Guidelines and the ILO Tripartite Principles, both of which have clear language regarding exchange of information for &ldquo;meaningful negotiations&rdquo; in social partnerships. 
 
The alleged environmental infractions already had seen the ICEM and PSI take issue with United Water. Those charges stem from December 2010 when the Justice Department issued a criminal indictment charging that United Water intentionally manipulated E.coli bacteria monitoring tests at a wastewater treatment plant in the US state of Indiana. The indictment alleges that United Water engaged in a scheme in which it increased chlorine levels on government-mandated E.coli inspections, and then lowered chlorine input levels after such testing. The US government alleges United Water did this as a costs-savings measure. The company has pleaded not guilty to the charges. (See <a href="/en/78-ICEM-InBrief/4208-US-Affiliate-UWUA-Challenges-GDF-SUEZ-Inside-Global-Agreement">ICEM report</a> on that alleged environmental crime here.)&nbsp; 
The UWUA filed the OECD petition on 8 June at the French embassy in Washington, DC, along with the American NGO Food and Water Watch, at the French embassy in Washington, DC, as well as to the US government&rsquo;s National Contact Point. Under the OECD complaint process, both the US and French governments are obligated to forward the submission to the French parent companies and to the US subsidiary for a formal reply.

ICEM, PSI Join US, French OECD Complaint Against GDF SUEZ

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The Council of Global Unions (CGU), at its meeting in Geneva on 10 June, adopted two statements; one on labeling chrysotile asbestos in the Prior Informed Consent (PIC) category of the Rotterdam Convention, the other condemning the assault on public sector workers in the US state of Wisconsin, and endorsing Wisconsin as a pilot site in this week&rsquo;s campaign launch of &ldquo;Quality Public Services &ndash; Action Now.&rdquo; 
 
The CGU, founded on 10 January 2007, is the coordinating body for nearly all Global Union Federations (GUFs), the Trade Union Advisory Committee (TUAC) of the OECD, and the International Trade Union Confederation (ITUC). CGU&rsquo;s charter calls for &ldquo;a common determination to organise, defend human and trade union rights and labour standards everywhere, and promote the growth of trade unions for the benefit of all working women and men and their families.&rdquo; 
 
The 10 June statement on chrysotile asbestos is aimed at this week&rsquo;s Rotterdam Convention meetings in Geneva and urges an override past objections to PIC listing &ldquo;by a tiny number of countries who have a vested interest in maintaining their lucrative trade in this potent human carcinogen.&rdquo; 
 
The Rotterdam Convention establishes controls on the trade of toxic substances. With chrysotile asbestos, also known as white asbestos, unlisted, countries can export it without warning labels or safety precautions. The five biggest export nations of it are China, Brazil, Kazakhstan, Russia, and Canada. 
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The CGU statement cites the mineral with causing 100,000 deaths annually and cautions that failure to classify it risks the spread of even more deaths particularly in the developing world. 
 
&ldquo;The Global Unions asbestos policy stipulates that the only &lsquo;safe use&rsquo; of asbestos is no use at all,&rdquo; reads the CGU statement. &ldquo;We call on Canada and other asbestos stakeholders to accept that the time has come to include chrysotile on the PIC list so that developing countries can make informed decisions on a subject of such deadly importance.&rdquo; 
 
The CGU&rsquo;s Wisconsin statement reads: &ldquo;The attack that public employees and their unions are now facing in Wisconsin is part of a larger design by those who want to create a powerless and compliant workforce, and to plunder the common good of public services. 
 
&ldquo;Turning back this tide is not a local or even national challenge. Trade unions worldwide and our allies are working together with a shared determination to organize, defend human and labor rights, promote the growth of unions and advance quality public services for the benefit of all people.&rdquo; 
 
On 14 June, in a 4-3 ruling, the Wisconsin state Supreme Court struck down a lower court decision that blocked implementation of Governor Scott Walker&rsquo;s law, clearing the way for the gutting of public sector bargaining rights for 300,000 teachers, nurses, and other public workers. (See a prior <a href="/en/78-ICEM-InBrief/4308-Wisconsin-Eliminates-Public-Sector-Bargaining-Resistance-Continues ">ICEM report</a> on the midnight passage of Walker&rsquo;s legislation here.) 
The Wisconsin Education Association Council (WEAC) and other US unions will now bring the fight to federal courtrooms in further lawsuits to block Walker&rsquo;s anti-social, anti-people measure.

Global Unions Issue Statements on Chrysotile Asbestos, Public Sector Assault in Wisconsin

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ICEM-affiliated United Mine Workers&rsquo; of America (UMWA) members ratified a front-end loaded and pattern-setting US national coal collective agreement on 17 June. The contract with the Bituminous Coal Operators&rsquo; Association (BCOA) was ratified by 70% of miners voting at 125 UMWA local branches, and comes six months before expiry of an existing national contract. 
 
The five-and-a-half-year agreement replaces the existing one and takes effect on 1 July. It will cover 10,000 miners and preserves the long UMWA tradition of providing excellent salaries, pension benefits, and health care coverage to US miners and retired miners. 
 
The US$6-an-hour wage increases over the life of the contract will now serve as a national pattern in union and non-union mines across North America. More importantly, that pattern is extended to include pension benefits &ndash; including health care benefits &ndash; for tens of thousands of retired miners and for workers and retirees of many coal and energy companies outside of the BCOA. 
<img alt="" src="" width="100" height="139" />
UMWA President Cecil Roberts
&ldquo;Our members will receive the largest pay increase in the 121-year history of our union,&rdquo; said UMWA President Cecil Roberts. &ldquo;In addition, we were able to preserve full health care benefits for active and retired members and their dependants, as well as preserve pensions for current and future retirees with no cuts in benefits.&rdquo; 
 
The national accord includes two US$1-per-hour increases in the first six months of the new agreement, on 1 July and again on 1 January, which is an average 8.2% increase over current wages. Wages will be increased by US$1-per-hour on 1 January in each successive year until 2016. 
 
The UMWA preserved health care benefits for active and retired miners with no cuts. The agreement preserves a pension plan that sees a company-contributed US$5.50-man-hour-worked into a pension fund that ensures the benefits are paid in full. 
 
The UMWA posted several other improvements in the proposed agreement, including pay increases for shift work, increased sickness, accident, vision and dental benefits, and better life insurance terms. 
 
The ICEM termed the new collective accord exemplary on several fronts. &ldquo;This contract again is verification of the tremendous power that UMWA holds for a social America,&rdquo; said General Secretary Manfred Warda. &ldquo;It deserves attention and wide applause.&rdquo;

UMWA Wins Excellent Terms in US National Coal Talks

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ICEM-affiliated Independent Trade Union of Miners of Ukraine has successfully launched a <a href="http://npgu.com.ua/">new website</a>.&nbsp; 
 
The mineworkers of Ukraine have been especially important this year, as the union forged ahead with the campaign for ratification of ILO Convention 176, setting the standard for others to follow. The Ukrainian victory was celebrated in February this year, when the union worked together with PRUPU to play a crucial role in the ratification of the Safety and Health in Mines Convention. 
 
The Convention spells out responsibilities for government, employers, and workers and their trade unions, and specifically gives miners the right to report hazards, dangerous conditions and accidents, as well as the right to refuse unsafe work. 
 
Ukraine is the first major mining country to ratify Convention 176 since Peru ratified it in June 2007.

Independent Trade Union of Miners of Ukraine Launch Website

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Restructuring at three Colombian plants of the US-based glass packaging manufacturer Owens Illinois has led to a situation for members of ICEM-affiliated Sintravidricol being dangerously over-stretched to sustain the work load. 
 
There are almost no personnel replacements at the plants in Envigado, Cogua and Soacha, resulting in increased overtime, employees working without rest, and overexertion. Sintravidricol presented a study into the problem to management in September-November 2010, but the unsustainable situation has not been rectified. 
<img alt="" src="" width="95" height="85" />
Instead of working towards a solution together with Sintravidricol, Owens Illinois local management has moved to fill holes with outsourced contract labour, making repeated unilateral decisions to outsource sections of the manufacturing process. These processes of outsourcing have forced workers at various stages of the production line to be relocated. Moving the work away from the directly employed workers, in areas such as machine repair and moulding, is in breach of the collective bargaining agreement. 
 
While Owens Illinois have continuously avoided the union&rsquo;s pleas for dialogue, Sintravidricol has been forced into lodging a complaint at the Colombian Ministry of Labour. 
 
In further breach of the collective agreement, the company has ended the fixed-term contractual status of workers in the cold area, again causing health and safety concerns for remaining staff who have to cover the gaps, causing severe disruption of the operational process. 
 
Sintravidricol are calling on the international management of Owens Illinois to meet with them on a biannual basis, and are seeking avenues with the Colombian government. Social bargaining and mature systems of industrial relations must be employed by Colombian management at Owens Illinois, to work with Sintravidricol towards solving these dangerous issues for workers.

SINTRAVIDRICOL Faces Problems of Dangerous Overwork, Outsourcing at Owens Illinois, Colombia

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From the International Metalworkers&rsquo; Federation 
 
Dramatic developments take place in Korea at Hanjin Heavy Industries shipyard and Yuseong Piston Ring. Private security forces and riot police forced out protesters from the shipyard and the police issued arrest warrants for Yuseong Piston Ring union leaders who in sign of protest have started a hunger strike in the Buddhist Jogye Temple in Seoul. 
 
Following IMF's recently reported visit on June 24 to the Korean National Assembly where a strong demand was forwarded to the Korean government to stop labour repression and solve the conflict at Yuseong Piston Ring (YPR) and Hanjin Heavy Industries shipyard new dramatic developments have occurred at both places. 
 
According to the reports of the IMF affiliate Korean Metal Workers&rsquo; Union (KMWU) Hanjin workers were flushed out of the shipyard with the exception of some protesters who tied themselves to Crane 85. Private contractors hired by the Hanjin management cut off electricity and tried to limit KIM Jinsuk's possibilities to communicate with the outer world. Ms. KIM Jinsuk is carrying out an aerial sit-in protest on a company crane. The protest has gone on for 175 days now. 
<img alt="" src="" width="239" height="161" />
The KMWU also informed IMF that the police issued arrest warrants for the YPR union leaders who staged an unlimited hunger strike in the Buddhist Jogye Temple in Seoul to bring their unjust situation to the attention of the general public. 
 
On June 29 mass rallies took place in Seoul and Busan to protest against attacks on workers whose only crime is their wish to work under secure conditions and to have their collective bargaining rights respected. 
 
The IMF urgently calls on all its affiliates to send letters of protest to the President of Korea, Mr. Lee Myung-bak (e-mail <a href="mailto:president@president.go.kr">president@president.go.kr</a>) and to demand: 
&bull; To pull back riot police and private security forces occupying the workplaces at Hanjin Heavy Industries shipyard and Yuseong Piston Ring YPR factories. 
&bull; To start collective bargaining in good faith in order to withdraw unilateral mass dismissals at Hanjin. 
&bull; To lift the illegal lockout of Yuseong Piston Ring workers and to reinstate union members to their original positions in their original plants (Asan and Yeongdong YPR plants). 
&bull; To stop the persecution of Yuseong Piston Ring and Hanjin Heavy Industries union officials, union members and their sympathizers. 
 
Render solidarity support to the striking workers by sending messages of support to the KMWU international department at: <a href="mailto:inter@metal.nodong.org">inter@metal.nodong.org</a>, with copies to IMF at <a href="mailto:info@imfmetal.org">info@imfmetal.org</a>.

KMWU Calls for Urgent Solidarity Support

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