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The Canadian Auto Workers&rsquo; (CAW) Union, at its CAW Council meetings 3-5 December in Toronto, rebuked Statistics Canada&rsquo;s Labour Force Survey for November. The government agency reported that in November, 26,700 part-time jobs had been created, while 11,500 full-time were lost. 
 
CAW President Ken Lewenza said new job creation based solely on part-time growth is no cause to celebrate. &ldquo;Workers must be able to realise their goal of having a full-time job, a job you can raise your kids on, and later retire from in dignity,&rdquo; said Lewenza in his opening day keynote address to the Council, the union&rsquo;s governing board. 
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CAW President Ken Lewenza
Lewenza said that the loss of full-time workers across Canada has put a major strain on provincial budgets, particularly as they work with federal and municipal governments to set up stimulus programmes to support local economies. 
 
Provinces in turn have put pressure on public sector workers to freeze wages, while failing to guarantee and preserve public services or jobs. The effect has meant a downward spiral to social services and on living standards of workers. 
 
The CAW Council also agreed at its deliberations to donate C$10,000 to a trust fund established to help families dealing with the tragedy of the Pike River coal mine disaster last month in New Zealand. That trust fund was set up by ICEM affiliate Engineering, Printing, and Manufacturing Union (EPMU). In a letter to EPMU National Secretary Andrew Little, Lewenza said, &ldquo;Know that we are making this donation in full solidarity with your union&rsquo;s continuing efforts to improve working conditions in safety standards in mines and every other workplace in New Zealand.&rdquo;

Canadian Auto Workers Reject Government’s November Statistics Stating Job Growth

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The privatised water firm United Utilities&rsquo; decision to drop its offshore contract with Accenture and bring its customer service back to the UK was met with applause by Unison, Great Britain&rsquo;s public sector union. 
 
&ldquo;This is good news for United Utilities customers and a much needed jobs boost,&rdquo; said Unison General Secretary Dave Prentis. &ldquo;The company is right in its belief that in-house operations are more efficient than offshoring.&rdquo; 
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Unison General Secretary Dave Prentis
United Utilities told investors on 1 December that it would bring Information Technical services back to the north-east of the country to gain &ldquo;greater control&rdquo; of its technology. Accenture has a contract with the private utility until November 2011 for billing business processes and other services, but United Utilities said it will bring office, income, and collections activities to full-time public workers of the company over the next 12 months. 
 
&ldquo;Right from the start, UNISON campaigned against outsourcing and offshoring in the utilities sector, because permanent staff provides a better service,&rdquo; said Prentis, who predicted it would create hundreds of jobs in the northeast. &ldquo;We hope this decision will act as a good example to other employers, particularly in the public sector, where there in enormous pressure to outsource services.&rdquo;

UK Public Sector Union, Unison, Applauds United Utilities’ Move to End Offshoring

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Since the Conservative-Liberal Democrat coalition took leadership of the UK government, it has been exploring ways to amend the Agency Workers&rsquo; Regulation, adopted to implement the European Temporary Agency Workers' Directive. 
 
According to the Trades Union Congress&rsquo;s (TUC) head of Employment Rights, Sarah Veale, &ldquo;An agreement was reached between the TUC and the CBI (UK&rsquo;s business grouping) two years ago, after many hours of discussion and compromises from both sides.&rdquo; 
 
The compromises included a clause that agency workers would not receive equal treatment from day one, as per the European directive, but after 12 weeks of employment. Despite this, employers and their representatives expressed a range of concerns over the regulation to the new government, arguing for amendments to be made before its entry into force in October 2011. 
 
The TUC responded by saying: &ldquo;There is no point unpicking that now, after the regulations have been enacted, and business and unions are preparing to work co-operatively with what we have agreed.&rdquo; 
 
Following consultations with both sides, the Minister for Employment Relations, Consumer, and Postal Affairs, Edward Davey, announced in October that due to the &ldquo;unique legal situation&rdquo; of the regulation, any amendments proposed which did not have the agreement of the TUC and CBI would &ldquo;face the risk of being set aside in the courts in the event of a legal challenge.&rdquo; He went on to say, &ldquo;Were that to happen, the effect could be to call into question the very foundation of the fundamentals of the implementing legislation, crucially including the 12-week qualifying period itself.&rdquo; 
 
Although he described the outcome as &ldquo;clearly disappointing,&rdquo; Minister Davey confirmed that the Government would not be making any further attempts to amend the regulation.

UK Government Abandons Attempt to Dilute Agency Workers’ Regulation

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The last issue of this Contract and Agency Labour newsletter reported that a draft report on precariously-employed women workers was presented to the European Parliament by Danish Social Democratic MEP, Britta Thomsen. 
 
The report called on the European Commission and European Union Member States to ensure that all employees are granted equal access to social services and benefits regardless of their employment conditions. 
 
On 19 October, the European Parliament adopted a resolution expressing disappointment that the EU employment law package and the directives on fixed-term, part-time, and temporary agency work do not adequately address the precarious nature of employment, and called on the Commission and the Member States to take further specific legislative measures. Those measures include introducing binding minimum social standards for employees and granting all employees equal access to social services and benefits, including maternity leave, health care and retirement pensions, as well as to education and training, regardless of employment conditions. 
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Britta Thomsen, MEP
The resolution recognises that the &ldquo;over-representation of women in precarious work is a key contributing factor to the gender pay gap.&rdquo; It also states that &ldquo;improving job quality for women will reduce the gender pay gap.&rdquo; The resolution calls on the Member States to take legislative measures to put an end to zero-hour contract and to introduce controls to regulate all types of false training, which conceal actual employment without proper payment or protection. 
 
The Commission and the Member States are requested to develop strategies on precarious work in order to emphasize decent work and green jobs, and incorporate gender balance; and to take action in order to reduce the double burden of work on women. 
 
Attention is brought on the fact that studies have shown that precarious employment, in which minimum health and safety standards often are ignored, carries higher injury rates and a greater risk of disease and exposure to hazards. The Commission and the Member States are requested to enhance their monitoring of minimum health and safety requirements in the workplace, paying particular attention to the specific risks to female workers. 
 
Due to the lack of adequate research on the subject, the resolution calls on the Commission and Eurofound to cooperate with the European Institute for Gender Equality and to initiate targeted research in order to assess the cost of de-skilling and welfare loss resulting from precarious employment, taking into account the gender aspect. 
 
The resolution has been sent to the European Council, the European Commission, and the governments of the Member States.

Precarious Women Workers’ Resolution Passed by European Parliament

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The ICEM Contract and Agency Labour (CAL) Campaign has released a new country report focusing on CAL use in the Netherlands. The report, which was developed with the assistance of FNV Bondgenoten, highlights the fact that 1.9 million people in the Netherlands work for temporary employment agencies, are employed by fixed-term or on-call contracts, or are bogusly referred to as self-employed. 
 
See the full report <a href="/wp-content/migration/icem/1012.cal_netherlands.country%20report.pdf">here</a>. 
 
The Netherlands was deeply affected by the global economic crisis, and the economy shrunk by 4% in 2009. In 2010, the country has seen a weak recovery, with many of the jobs that are being created, for example in the chemical industry, are precarious jobs. 
 
As is the case in many countries, CAL workers in the Netherlands receive lower wages, fewer benefits, and have less social security than permanent, directly-employed workers. In the Netherlands, companies may only hire a worker on three fixed-term contracts of up to one year each before the worker must be offered a permanent position. This regulation is often circumvented by allowing a one month period of unemployment before rehiring the worker on a further fixed-term contract. 
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The report details how Dutch trade unions have been active in challenging CAL, particularly the abuse common to workers hired through temporary employment agencies. This year alone, 12 new collective agreements have been negotiated by the national labour centre FNV, which include provisions that temporary workers may only be deployed in busy times and to cover for absences of other workers in case of illness, and that if they work longer than nine months in one year, they should be awarded permanency. There were also 34 new agreements signed which state that only certified employment agencies can be used. 
 
Dutch unions have also been active in bargaining for improvements for CAL workers at the sectoral level, and this year new collective agreements were signed with the two employers&rsquo; organizations representing temp agencies in the Netherlands: the ABU (ABU (Algemene Bond Uitzendondernemingen) and the NBBU (Nederlandse Bond van Bemiddelings-en Uitzendondernemingen). The most significant improvement in both collective agreements is that the training possibilities of people working through temp agencies have been expanded. Under the ABU collective agreement, workers are entitled to the same wages as employees of the hiring company after 26 weeks of employment. In the NBBU, the agreement states that workers receive equal pay for equal work from day one. 
 
A new foundation (the SNCU) was also established to monitor compliance with these collective agreements. The foundation - a partnership between employer and employee organisations in the temporary work sector &ndash; has the power to decertify temporary employment agencies which fail to respect the terms of the relevant labour agreement. 
 
The report also details the heroic efforts of CAL cleaners, who joined forces this year to assert their rights. Many cleaners in the Netherlands, including those contracted to work for companies such as Shell and Akzo Nobel, went on strike and organised protests for nine weeks. Their efforts ultimately resulted in a new collective agreement that provides better wages and more educational opportunities.

ICEM CAL Campaign Releases Country Report on the Netherlands

6 January 2011 
 
To All ICEM Affiliated Unions: 
 
 
 
Job Posting for ICEM Mining/DGOJP Officer 
 
Firstly, I extend the Best Wishes from ICEM President Senzeni Zokwana and myself to all of you in the New Year. 
 
I write to inform you that the ICEM is seeking applicants for the position of Mining/Diamond, Gems, Ornaments, and Jewelry Production Officer. Joe Drexler, who has served in that capacity, has decided to leave the ICEM and resume his duties with the United Steelworkers. 
 
I attach a job description in English for the post, which will be based in Geneva, Switzerland. I would be grateful if you could distribute details of this vacancy throughout your trade union organisation, and should a candidate wish to apply for the position, please have them send full details of their background in cover letter in English, along with their CV, to myself, ICEM General Secretary Manfred Warda, manfred.warda@icem.org, and Finance and Administration Officer Marie-France Sarfati, mariefrance.sarfati@icem.org, or it can be faxed to Manfred Warda and Marie-France Sarfati at +41 22 304 1841. 
 
Fluent written and spoken English is essential, and IT skills also are essential. There also is a requirement for some travel from Geneva. The deadline for application is February 15, 2011. 
 
Thank you for your kind attention in distributing this announcement throughout your organisation. 
 
Fraternally, 
 
 
 
 
Manfred Warda 
General Secretary 
 
Enclosure: Job Description (EN)

Job Posting for ICEM Mining/DGOJP Officer

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The Building &amp; Woodworkers International (BWI) is calling for trade unionists to register protests with the Indonesia minister of Manpower and Transmigration over jailing of a trade union leader of SP KAHUTINDO, a BWI affiliate. 
 
Sister Nurimah, a KAHUTINDO plant level chairperson at the San Yu Frame Moulding company in Semarang, was detained on 9 December and is still being held at a state prison in Bulu, Semarang, for an alleged assault charge from June 2006. Her arrest conveniently comes at a time when the KAHUTINDO branch was pressing for its first negotiation with the wood-products manufacturer. 
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In June 2009, 434 of the company&rsquo;s 700 workers registered for KAHUTINDO representation. A series of union actions had forced the company to the bargaining table, but BWI believes the arrest of Nurimah has been orchestrated by management to intimidate workers and halt bargaining. 
 
To register your protest with the Indonesian government, click <a href="http://www.bwint.org/default.asp?index=3236&amp;Language=EN ">here</a>.

Take Up Protest for Woman Trade Unionist Jailed in Indonesia

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ICEM Central European affiliate, the Independent Trade Union of Chemistry and Non-Metal Workers of Bosnia-Herzegovina (SSHN-FBIH), held its Congress is Sarajevo on 8 December 2010, and high on the agenda was ICEM involvement in a bitter backpay dispute last year with one of the union&rsquo;s major employers. 
 
ICEM General Secretary Manfred Warda spoke at the Congress. The union re-elected the woman who fought selflessly to bring a successful conclusion to the backpay and health and safety dispute. SSHN-FBIH President Kata Iveljic was enthusiastically acclaimed again as leader of the trade union. 
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The dispute involved 1,250 workers employed by Global Ispat Koksana Industtrija Lukavac (GIKIL), a sodium carbonate plant that produces coking coke for steelmaking. The enterprise is a unit of the nefarious Global Infrastructure Holdings, owned by Pramod Mittal of the Indian steel-making family. 
 
Management of GIKIL, which is operated by the Indian company but jointly owned with the Canton of Tuzla, had unilaterally rolled back wages 55% to 2003 levels, failed to pay wages during the last quarter of 2009, and neglected to heed SSHN-FBIH&rsquo;s call for proper safety and health attention around coke ovens that had caused numerous cases of cancer. 
 
At last month&rsquo;s Congress, Warda congratulated the union for mobilizing support beyond the borders of Bosnia-Herzegovina, as well as for two successful strikes in late 2009 and early 2010 which forced the absentee Mittal brother to respond to workers&rsquo; grievances. Warda also praised the government of the Canton of Tuzla for stepping into the fray and forcing Global Infrastructure Holdings to react. The 2009 pay arrears were fully paid in February 2010 through the joint ICEM/SSHN-FBIH campaign. 
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ICEM Central European Project Coordinator Mato Lalic
Warda also told SSHN-FBIH delegates in Sarajevo that the ICEM will continue to monitor GIKIL&rsquo;s social conduct and health and safety inside the factory, located in the northern city of Lukavac. 
 
Other guests at the Congress included ICEM Central European Project Coordinator Mato Lalic and representatives from trade unions of Serbia, Croatia, and Slovenia.

Chemistry, Non-Metal Workers’ Union Holds Congress in Sarajevo, Bosnia

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For the second straight year, trade unions representing over a quarter of the 10,500 UK workers in publicly-traded electric and gas company National Grid have voted to take industrial action. Some 3,000 union members of Unite, Prospect, and Unison balloted overwhelmingly to take action short of a strike due to an inferior 2010 pay offer by National Grid. 
 
Following talks last week that saw the London-based company only reduce from three years to two its wage offerings, industrial action that would include work-to-rule and a ban on overtime could begin by month&rsquo;s end. The current dispute is the second year running that profitable National Grid has proposed wage hikes below UK&rsquo;s retail price increase. 
 
In 2009 pay talks, unionised National Grid workers balloted affirmatively for strike action, but labour and management agreed to a 1.3% increase before the industrial activity could begin. In talks this time, National Grid initially put forth a three-year pay offer of 2.5%, 2.25%, and 2.25%, still below inflation. 
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On 12 January, the company revised its pay proposal by offering a two-year deal of 2.5% and 2.25%, but continues to insist on certain conditions attached to the increases. The unions are seeking a one-year wage deal from 2010. 
 
In early January, the 750 mainly electrical transmissions workers that are represented by Unite the Union voted by 94% for industrial action. Grid system engineers, gas operations engineers, and field engineers, represented by Prospect and numbering 1,000, then voted by 95% for the overtime ban and work-to-rule, which means performing only the minimum level of work as specified in contracts. The 1,200 Unison members, mostly gas workers, also voted by a wide margin for industrial action. 
 
National Grid posted a 12% increase in pre-tax profits and shareholders saw an 8% increase in dividends in the first half of 2010. About the same period that unions were voting for industrial action, on 6 January UK energy regulator Ofgem levied a &pound;8 million fine on National Grid for reporting completion of gas pipe maintenance work that was imposed by the government&rsquo;s Health and Safety Executive (HSE). In fact, that maintenance work had never been done. 
 
It was the second big fine in two years by Ofgem against in National Grid. In 2009, the company agreed to pay a reduced a fine of &pound;15 million for misreporting maintenance work.

Three UK Unions on Verge of Industrial Action at National Grid

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In Australia on 5 January, the Tasmanian Supreme Court struck a blow to mining and metals giant Rio Tinto&rsquo;s and delivered a victory to workplace safety and health compliance. The court denied Rio&rsquo;s appeal to block a trade union from entering a worksite to meet with staff over health and safety issues. 
 
The company had filed the appeal with the state high court to prevent representatives of the Australian Workers&rsquo; Union (AWU) from meeting in a lunch area with aluminium workers at Rio Tinto/Alcan&rsquo;s Bell Bay smelter. The AWU represents some 600 workers at the 180,000-tonne-per-year aluminium smelter, located in Launceston in northern Tasmania. 
<img src="" width="150" height="134" alt="" />
In late November 2010, the AWU gave legal notification under the state&rsquo;s Workplace Health and Safety Act to Rio Tinto of its intent to enter break areas to &ldquo;discuss health and safety issues with workers during a meal or other break.&rdquo; Following the company&rsquo;s refusal, both Tasmania&rsquo;s Inspector of Workplace Standards and the state&rsquo;s Solicitor General determined that AWU had that right. 
 
But Rio Tinto appealed the Solicitor General&rsquo;s decision, only to have Tasmanian Supreme Court Justice Alan Blow deny the company&rsquo;s appeal. Within minutes of the judge&rsquo;s decision on 5 January, the AWU was on its way to meet with workers employed in an industry notoriously rife with respiratory hazards. 
 
AWU National Secretary Paul Howes criticised the company for attempting to use its power and money in its litigious way to stop independent health and safety oversight. The AWU &ldquo;has successfully fought what clearly looks like a conspiracy by (Rio Tinto) to act as if Australian workplace health laws do not exist,&rdquo; he said. 
 
The case hopefully will become a precedent for other Australian state inspectors to fulfil safety laws by allowing union representatives to discuss safety issues with workers in break room areas.

Court Tosses Rio’s Australian Appeal on Safety ‘Right-of-Access’

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