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The Australian Workers&rsquo; Union (AWU) won a definitive judgment from Fair Work Australia on 24 June that grants the union right of entry to lunch rooms at Rio Tinto&rsquo;s Alcan aluminum smelter in Bell Bay, Tasmania. The ruling ends months of legal wrangling and should serve as a precedent against employers from blocking legitimate union access to workers on job sites. 
 
On 1 July, marking the second anniversary of the Fair Work Act of 2009, which makes such access legitimate, AWU National Secretary Paul Howes and three AWU organizers triumphantly met with AWU members in lunch rooms at Alcan&rsquo;s Bell Bay smelter, breaking Rio Tinto&rsquo;s claim that such meetings had to in administrative areas, generally parts of worksites where surveillance and management intimidation is greater. 
 
The 550-worker Alcan smelter has been a test case in Australia over right of entry under a balanced Fair Work Act, a law that reversed many of the management rights provisions in the former Conservative government&rsquo;s WorkChoices Act. (See prior <a href="/en/78-ICEM-InBrief/4314-">ICEM Bell Bay article</a> here.) It also stands as a major crossing of a threshold that will lead to full enterprise bargaining between AWU and Alcan. 
 
The AWU, which counts a majority of Alcan workers at Bell Bay as members, also used this Fair Work Australia decision to re-boot an advertising campaign aimed at recruitment of non-union Rio workers to the union fold. The ad campaign, which first ran in March, states that process operators at other, unionized Australian aluminum plants, namely Alcoa&rsquo;s, are paid up to A$20,000 per year more than operators at Bell Bay. 
 
The AWU said it would use the decision to meet union members in similar surroundings at Alcan worksites in Gladstone (Boyne Island) and Yarwun, Queensland. 
<img alt="" src="" width="129" height="160" />
Paul Howes
&ldquo;Make no mistake, the bullies at Rio Tinto are losing the stranglehold they once had over their workforce,&rdquo; said Howes in an Australian newspaper report. &ldquo;The decision is highly symbolic of that, and I know it will be a crushing embarrassment for the company.&rdquo; 
 
That decision, FWA Case 3878, found Alcan&rsquo;s insistence on a conference room inside an administration building was not reasonable. It stated such meetings there meant workers had to travel 8-15 minutes longer from work stations, and this was insufficient time to meet with AWU representatives during average break times. 
 
Fair Work Australia&rsquo;s ruling also rejected Alcan&rsquo;s claim that the meal rooms closer to work areas were too small for such lawful meetings under the Fair Work Act and that worker-union discussions would disrupt other workers in the break areas. 
 
Rio Tinto Alcan said it disagrees with the decision, but this time will not appeal the Bell Bay right of entry ruling. The company said the AWU had made some 20 visits to meet with union members in conference rooms, and it made note of the fact that the 24 June ruling had found that the company did not intimidate or hinder workers from meeting with the AWU in the conference rooms. 
 
Australian Council of Trade Unions (ACTU) Secretary Jeff Lawrence said the Bell Bay decision &ldquo;sends a positive message to other employers that they must respect fundamental workers&rsquo; rights to collective bargaining and union membership.&rdquo;

Australia: AWU Wins Correct Access to Rio Tinto’s Alcan Smelter

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After review of the deadly clash between workers and police at Advanced Chemical Industries Ltd. (ACI) in Siddhirganj, Bangladesh, on 23 January, the International Federation of Chemical, Energy, Mine &amp; General Workers&rsquo; Union (ICEM) finds ACI&rsquo;s conduct contemptible and the root cause of the violence that left one worker dead and over 100 hospitalised. 
 
The Geneva-based ICEM also supports trade unions in Bangladesh who are risking repression and have demonstrated since last Sunday in opposing the heavy-handed use of police force in central Narayanganj district in putting down the legitimate protests of ACI workers on 23 January. 
 
After numerous attempts to correct disparities inside the 407-worker ACI Pharmaceutical plant, full-time and temporary workers alike attempted to stage a peaceful protest. ACI&rsquo;s response to the worksite protest was to call police, who caused mayhem by firing rubber bullets and some 30 canisters of tear gas at the protestors. 
 
One worker, a 25-year-old temporary worker, Enamul Huq, died in a hospital from wounds inflicted from police. Scores others remain hospitalised and the police now have unfairly issued arrest warrants for workers involved in the protest.
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Arrest warrant: Beaten Striker
The ICEM determines that responsibility for the melee belongs with ACI, which too long neglected the pleas of both workers and their plant-level trade union in addressing legitimate workplace concerns. Workers&rsquo; grievances center on failure to give temporary workers full-time, permanent work status, with some temporary staff working as long as 12 years in those unsecured position and without the level of benefits that permanent workers receive; refusal to allow temporary workers to join the plant-level union; and failure to address extremely low wage rates for both permanent and full time workers. 
 
&ldquo;The fact that nearly all 400 workers, temporary and full-time alike, participated in this disaffection and that is one signal that management of ACI failed in its duties,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;We&rsquo;re in total support of workers&rsquo; grievances and call on ACI to adopt a higher level of social conduct.&rdquo; 
 
The ICEM also reminds civil society that Bangladesh has ratified ILO Conventions 87 and 98, freedom of association/right to organise/right to organise/bargain collectively conventions, and the Bangladesh government has a duty to ensure these global standards are applied. 
 
The ACI plant produces drug aids for human use. The plant employs 167 full-time workers and 240 temporary workers. ACI is major Asian manufacturer, marketer, and distributor of drug aids, agri-chemical and pesticide products, and basic consumer products. 
 
The ICEM is a Global Union Federation representing 20 million workers, encompassing 467 trade unions in 132 countries. 
 
For further information, contact: ICEM Information Officer Dick Blin, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, +41 22 304 1842, or +41 79 734 8994.

ICEM Condemns ACI Conduct in Deadly Bangladesh Chemical Plant Riot

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Uluslararasi Sendika Federasyonlari IMF, ICEM, ITF ve UNI, &uuml;ye sendikalarını 14 Şubat tarihinden,&nbsp;Pasta de Conchos trajedisinin 5. yıld&ouml;n&uuml;m&uuml; olan 19 Şubat tarihine kadar eyleme davet etmektedir.
T&uuml;m &uuml;ye sendikalarımızdan Meksika H&uuml;k&uuml;meti&rsquo;ne y&ouml;nelik aşağıdaki &ccedil;ağrımıza katılması istemekteyiz: 
 
1. İşverenden ve Meksika h&uuml;k&uuml;meti yetkililerinden 19 Şubat 2009 tarihinde ger&ccedil;ekleşen ve 65 madencinin hayatına malolan Pasta de Conchos patlamasının hesabı sorulmalıdır. 
 
Patlamanın nedenleri bağımsız bir şekilde soruşturulmalıdır. Sorumlular hakkında hukuki kovuşturma başlatılmalıdır. H&uuml;k&uuml;met tarafından kurbanların ailelerinin haklarının adil bir şekilde karşılanması, g&ouml;&ccedil;&uuml;k altında kalan madencilerin cesetlerinin &ccedil;ıkarılması ve cenaze t&ouml;reninin yapılması gerekiyor. Meksika, madenlerdeki iş sağlığı ve g&uuml;venliği mevzuatını geliştirerek İLO S&ouml;zleşmeleri ile uyumlu hale getirmek i&ccedil;in harekete ge&ccedil;melidir. 
 
2. İşveren g&uuml;d&uuml;ml&uuml; &ldquo;koruma s&ouml;zleşmeleri&rdquo; ve sendika se&ccedil;imlerine m&uuml;dahaleyi de i&ccedil;eren &ouml;rg&uuml;tlenmeye y&ouml;nelik sistematik ihlallere son verilmelidir. 
 
H&uuml;k&uuml;met, &Ccedil;alışma Bakanlığı yetkililerinin, y&uuml;r&uuml;rl&uuml;ğe girmeden &ouml;nce sendika se&ccedil;imlerinin sonu&ccedil;larını onaylamasını gerekli kılan &ldquo;toma de nota&ldquo; uygulamasını ortadan kaldırmalıdır. Los Mineros ve SME sendikalarının se&ccedil;ilmiş y&ouml;neticileri bir an &ouml;nce tanınmalıdır. İş&ccedil;ilerin kendilerini temsil edecek sendikayı korkusuzca ve &ouml;zg&uuml;rce se&ccedil;ebilmeleri i&ccedil;in işveren g&uuml;d&uuml;ml&uuml; &ldquo;koruma s&ouml;zleşmeleri&rdquo; uygulaması sona erdirilmeli ve iş&ccedil;iler toplu s&ouml;zleşmenin bir kopyasını alma hakkına sahip olmalıdır. 
 
3. İş&ccedil;ilerin kendilerine daha iyi &ccedil;alışma koşulları ve daha y&uuml;ksek &uuml;cret, daha sağlıklı ve g&uuml;venli &ccedil;alışma koşulları sağlayacak olan &ldquo;demokratik sendika&rdquo; meşru talebini baskı altına almak amacıyla devlet veya &ouml;zel hukuk kişileri tarafından kuvvet kullanılmasına son verilmelidir. 
 
H&uuml;k&uuml;met, Federal Polis Kuvvetlerini bir an &ouml;nce Cananea ve diğer b&uuml;t&uuml;n işyerlerinden &ccedil;ekmelidir. 
 
Los Mineros &uuml;yeleri Hector Alvarez Gomez, Mario Alberto Castillo Rodriguez, Reynaldo Hernandez Gonzalez, Juventino Flores Salas, ve FLOC &ouml;rg&uuml;tlenme sorumlusu Santiago Rafael Cruz'un katledilmesinin sorumluları adalete teslim edilmelidir. 
 
4. Meksika Maden İş&ccedil;ileri Sendikası ve Meksika Elektrik İş&ccedil;ileri Sendikası'na y&ouml;nelik sistematik politik baskı kampanyasına son verilmelidir. 
 
H&uuml;k&uuml;met haksız yere cezaevinde tutulan sendika liderleri; Juan Linares Montufar ve Miguel Marguez'i serbest bırakmalı, Genel Sekreter Napoleon Gomez Urrutia ve diğer Los Mineros liderleri hakkındaki ceza kovuşturmalarını d&uuml;ş&uuml;rmeli, sendikanın dondurulan banka hesaplarındaki kaynakları geri vermeli ve SNTMMSRM ve SME'ye y&ouml;nelik sistematik politik baskıya sonlandırmalıdır. 
 
H&uuml;k&uuml;met Mexico City b&ouml;lgesine elektrik enerji dağıtımını yapacak yeni bir kamu şirketi kurmalı. İşe iadelerini talep eden işten atılmış iş&ccedil;ileri yeniden işe almalı ve SME'yi toplu s&ouml;zleşme tarafı olarak tanımalıdır. 
 
Sizleri, bu talepleri desteklemeniz i&ccedil;in diğer sendikalar ile birlikte 14-19 Şubat 2011 tarihleri arasında aşağıdaki eylem bi&ccedil;imlerinden uygun bulduklarınızı uygulamaya &ccedil;ağırmaktayız. 
 
&bull; Meksika H&uuml;k&uuml;meti&rsquo;ne protesto mektubu g&ouml;ndererek, &uuml;lkenizdeki Meksika B&uuml;y&uuml;kel&ccedil;iliği ya da Konsolosluğu &ouml;n&uuml;nde g&ouml;steriler ve toplantılar d&uuml;zenlenebilir. 
&bull; İnsan hakları ve sendikal haklar alanında uluslararası m&uuml;zakereler yoluyla Meksika H&uuml;k&uuml;meti &uuml;zerinde etkili olabilecek politikacılarla toplantı ve brifingler yapılabilir. 
&bull; Temel haklara y&ouml;nelik bu ihlalleri a&ccedil;ıklamak i&ccedil;in ilgili Meksika şirketlerinin m&uuml;şterileri ve yatırımcıları ile toplantılar organize edilebilir. 
&bull; Kamuoyunun dikkatini Meksika'daki duruma &ccedil;ekmek i&ccedil;in basın a&ccedil;ıklamaları yapılarak, medyaya y&ouml;nelik etkinlikler d&uuml;zenleyin, gazete edit&ouml;rlerine mektuplar g&ouml;nderilebilir. 
 
Bu k&uuml;resel eylem haftasının koordine edilmesinde bize destek olmak i&ccedil;in &uuml;yesi olduğunuz ilgili K&uuml;resel Federasyonu ne t&uuml;r eylem planladığınıza ilişkin en kısa sure i&ccedil;erisinde bilgilendirmenizi istirham etmekteyiz. 
 
IMF (E-posta: <a href="mailto:unionrights@imfmetal.org">unionrights@imfmetal.org</a>) 
ICEM (E-posta: <a href="mailto:tom.grinter@icem.org">tom.grinter@icem.org</a>) 
ITF (E-posta: <a href="mailto:cortes_isabel@itf.org.uk">cortes_isabel@itf.org.uk</a>) 
UNI (<a href="mailto:Olga.Vinogradova@uniglobalunion.org">Olga.Vinogradova@uniglobalunion.org</a>)

Meksika`da Sendikal Haklar icin Eylem Haftasi - 14/19 Subat 2011

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The attack by U.S. Steel against 900 members of United Steelworkers (USW) Local 1005 and even more retirees &ndash; 9,000 in total &ndash; will receive a boost 29 January when thousands of Canadian trade unionists converge on Hamilton, Ontario, for a Day of Action. A lockout was derisively imposed by the American steelmaker there on 7 November after Local 1005 refused to vote on steep cuts proposed in a renewal contract. (See prior ICEM report <a href="/en/78-ICEM-InBrief/4101-Flawed-Investment-Canada-Act-Again-Seen-in-Steel-Lockout ">here</a>) 
 
The manifestation, organising by the Ontario Federation of Labour (CLC), will begin with speakers at 13h00 on Saturday, 29 January, at Hamilton City Hall, 71 Main Street West, and then a march will wind through the streets of the city centre. 
 
The lockout ten weeks ago became the latest affront by a multinational to the Investment Canada Act. When U.S. Steel received Canadian government approval to buy Ontario-based steelmaker Stelco three years ago, it pledged to maintain job and production levels. But within a year, it had levied layoffs on USW members at both of Stelco&rsquo;s mills, in Hamilton and Nanticoke, Ontario, and began supplying Canadian customers with products made in its US mills. 
<img alt="" src="" width="365" height="123" />
The Canadian Attorney General in 2009 brought a lawsuit against the company for failing to comply with the Investment Canada Act. U.S. Steel&rsquo;s obstruction and delay in addressing the suit was set back late last month when a federal appellate court judge upheld the right of the union and other parties to intervene in the breach of the Act. 
 
In bargaining last autumn, U.S. Steel pressured Local 1005&rsquo;s bargaining committee to accept a two-tier pension scheme in which new hires would be closed off from a longstanding defined benefit plan. The company also proposed de-indexing the pension benefits for retirees, a losing proposition for 9,000 retirees against inflation. U.S. Steel sought as well cuts to active workers&rsquo; cost-of-living adjustments, and proposed cutting two weeks of vacation time. 
 
When the steel producer demanded the bargaining committee put the concessions to a vote of active members and union leadership refused, the lockout began. U.S. Steel immediately cut off all health and disability benefits. Under Ontario provincial labour law, a company has the right to mandate a one-time only vote on a final contract offer. But U.S. Steel has not exercised that option, knowing full well that Local 1005&rsquo;s 2010 contract mobilisation campaign would produce a decisive &ldquo;no&rdquo; vote. 
<img alt="" src="" width="140" height="77" />
In fact, at a union meeting on 8 December, when a motion was put forward to put the company&rsquo;s proposals to a vote, a full 90% of Local 1005&rsquo;s members defeated it. 
 
The union already has received overwhelming support from Canadian unions, including the Canadian Union of Public Employees (CUPE) and the Canadian Auto Workers (CAW) Union. At a Hamilton picket line on 5 January, CUPE National President Paul Moist presented the locked-out local with C$10,000, and said, &ldquo;Defending Steelworker pensions is a fight CUPE and the entire labour movement must be part of. If private sector pensions are eroded, the public sector will be next. 
 
CAW also has contributed to USW Local 1005 and President Rolf Gerstenberger addressed the CAW National Council of Delegates in early December. Gerstenberger called for a nation-wide campaign to resist the growing strength of international corporations in Canada and a political overhaul in order to revamp the loopholes in the Investment Canada Act. 
 
(See the mobilisation call for the 29 January Hamilton Day of Action <a href="/wp-content/migration/icem/20110129USSteel.pdf">here</a>.)

Rally Slated 29 January in Canada to Support Locked-out Steelworkers

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Trade unions in Tunisia played a central role in the social uprising that last week toppled the autocratic and corrupt rule of President Zine El Abidine Ben Ali after 24 years in power. The General Union of Tunisian Workers (UGTT), an affiliate of the International Trade Union Confederation (ITUC), conducted a two-hour general strike on Friday, 14 January, in protest of the government&rsquo;s violent suppression of the uprising. 
 
Tunisian citizens refused continuance of a 24% rate of unemployment, corruption, growing inequality, and limited access to the political process. 
 
With over 60 protesters killed in two weeks of clashes with the police, unions are demanding justice for the killers of the protestors. Throughout the clashes, the UGTT headquarters were repeatedly blockaded by police, who then stormed and ransacked the union&rsquo;s offices on 12 January. 
 
Reacting to the events, the National Commission of the UGTT held an extraordinary session on 11 January and called for public investment, improvement in the basic needs of the people, and a rebalancing of regional inequalities. A further important demand was for the establishment of an unemployment fund, which would provide a badly-needed social safety net for workers who lose their job. 
<img alt="" src="" width="198" height="149" />
Further, trade unions articulated the demand for democracy and freedom of the press. Privatisation of public services over recent years had increased the above stated unemployment level, which is now double for the country&rsquo;s youth. 
 
The violence used to suppress the Tunisians right to peaceful protest attracted condemnation from trade unions around the world, as well as from governments. The Sarkozy administration of France, however, attempted to help President Ben Ali retain power in the former colony, by providing additional military equipment. 
 
Speaker of the Parliament, Foued Mebazaa, was sworn in as interim president on Saturday, 15 January. He must now work together with social partners to find solutions to the inequality, unemployment, and corruption in Tunisia, ensuring that trade unions can operate freely and safely. 
 
Similar social problems are being protested in Algeria, bordering Tunisia to the West, where riots in seven cities have lead to five deaths, and over 1,000 arrests. European countries have increasingly closed their borders to North Africans looking for work, exacerbating the problems.

Tunisian ‘Jasmine Revolution’ Ousts Autocrat; Unions Call for Social Justice

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The ICEM this month began a search for qualified candidates to assume the duties of Mining/Diamond, Gems, Ornaments, and Jewelry Production Officer. The vacancy was created when Joe Drexler decided to leave the ICEM to resume his duties with the United Steelworkers in North America. 
 
The position will be based in Geneva. The successful candidate must have fluent written and spoken English language skills, as well as IT skills. The Mining/DGOJP position at ICEM offers an excellent salary and level of benefits. 
 
Candidates must send full details of their background in a cover letter in English, along with a CV to General Secretary Manfred Warda and ICEM&rsquo;s Finance and Administration Officer Marie-France Sarfati <a href="mailto:marie-france.sarfati@icem.org">here</a>, (or to fax no. +41 22 304 1841) by 15 February 2011. 
 
The letter of job posting can be found <a href="/index.php?id=5&amp;la=EN&amp;doc=4203">here</a>, and a job description for the position in English can be found <a href="/wp-content/migration/icem/Job%20description%20mining%20and%20DGJOP%20Officer.pdf">here</a>.

ICEM Seeks Mining Officer Based in Geneva

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RadioLabour broadcasts a daily round-up of news in the global labour movement. Now the daily broadcast is accessible from the ICEM website. 
 
The Solidarity News shows are five minutes long Monday to Thursday, and the Friday show is ten minutes long and summarizes the news of the week. 
<img src="" width="174" height="24" alt="" />
RadioLabour's news programmes are presented by international labour educator, Marc B&eacute;langer, and broadcaster, Irma Arkus. 
 
RadioLabour is also accessible via its <a href="http://www.radiolabour.net">website</a>, <a href="http://www.facebook.com/radiolabour">Facebook</a>, <a href="http://RL-5.net">mobile phones</a>, <a href="http://www.radiolabour.net/itunes-instructs.html">iTunes</a>, UnionBook and Twitter. 
 
The ICEM is proud to provide access to this important labour communications tool.

Access RadioLabour’s Daily Broadcasts on ICEM’s Homepage

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Unit chapel leaders at some 50 corrugated paper operations in the UK, representing some 2,500 Unite the Union members, recently recommended acceptance of a 2010 pay package. Paperworkers represented by both Unite and GMB will now vote in the coming weeks on a pay accord that was agreed to with Confederation of Paper Industries (CPI) in mid-December. 
 
The CPI, representing major corrugated boxboard and packaging employers at plants mostly owned by DS Smith, SmurfitKappa, and SAICA, agreed to raise their wage offer from 2.1% to 2.5% last month in response to the unions moving forward on a ballot for industrial action. 
 
The offer, when accepted by members of the two unions, will be retroactive to 1 September 2010, the date a prior one-year accord expired. 
<img src="" width="140" height="109" alt="" />
Unite National Officer Peter Ellis
Unite and GMB were set to file for an industrial ballot on 10 January. Unite represents the majority of workers in the UK&rsquo;s corrugated paper sector, while GMB represents some 800 workers in the sector. 
 
The 14-member joint union/CPI bargaining body began 2010 negotiations in July, but talks became bogged down in October when CPI offered a pay hike of less than half of the retail price index. Unite National Officer Peter Ellis says now that the tentative settlement falls into the upper level of median pay awards in all industries in the UK this year. 
 
Meanwhile, Unite and Kimberly Clark reached an early accord for 2011 that was agreed to by workers in December. The agreement covers 500 workers at two towel and tissue mills, the Northfleet mill in Kent and the Barrow-in-Furness mill in Cumbria. The 2011 pay award, effective 1 February, will be 1.5%, with Unite also winning a lump sum bonus of &pound;1,450. That lump sum will also be calculated into the pension contribution, thus raising the benefit level.

Corrugated Paper Agreement to be Voted on By Unite, GMB Members

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The ICEM-affiliated National Miners&rsquo; and Metalworkers&rsquo; Union (SNTMMSRM) of Mexico, or Los Mineros, conducted its National Assembly 10-11 January in Mexico City. Delegates representing over 60 sections and fractions of the union, from 22 states, pledged unfaltering support for their General Secretary in exile, Napole&oacute;n G&oacute;mez Urrutia, and for the national executive. 
 
The meeting confirmed the priority challenges facing Los Mineros at present during four ongoing strikes, at Cananea, Zacatecas, Taxco, and El Cubo. The National Assembly also reiterated the union&rsquo;s demand for the immediate release of union officials Juan Linares Mont&uacute;far and Mart&iacute;n Salazar, and for an immediate end to the illegal freezing of union bank accounts by the Calder&oacute;n government. 
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Delegates resolved to continue the fight to bring Napole&oacute;n G&oacute;mez back to Mexico, currently made impossible by sham legal charges from the government. Los Mineros also want their democratically elected leader to be officially recognized by the authorities, which has not yet happened. 
 
Delegates pledged full support to the Global Days of Action for trade union rights in Mexico, 14-19 February, which will mark the fifth anniversary of the deadly mine disaster at Pasta de Conchos. The Days of Action will provide a strong, cross-sector trade union alliance carrying out actions across the globe, intended to pass common demands to the Mexican government through its embassies and consulates around the world. 
 
To get involved in trade union action during the week 14-19 February, email <a href="mailto:tom.grinter@icem.org">tom.grinter@icem.org</a>. See the campaign material&nbsp;<a href="/en/5-Mining-DGOJP">here</a>.&nbsp;

National Assembly of Los Mineros of Mexico Reiterates Trade Union Demands

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