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ICEM WOMEN’S BULLETIN N° 15

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Representatives of the Union Nationale des Travailleurs du Congo (UNTC), one of the major national trade union federations in Congo, decided at their 5th Congress in July on a major change in Federation&rsquo;s sectoral structures. 
 
One consequence of this decision, which brought down the number of industrial federations from 21 to 14, is the merger of ICEM affiliate FENAMICO (F&eacute;d&eacute;ration Nationale des Travailleurs des Mines du Congo) with its sister metal federation, to from the new F&eacute;d&eacute;ration Nationale des Travailleurs des Mines et de la Metallurgie (FNTMM). Crispin Ngeleka Mulumba was elected as its new General Secretary.

FENAMICO, Mining Affiliate in Congo, Merges with Metal Federation

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The ICEM has sent a letter to the Unilever headquarters to protest the planned illegal closure of the Hindustan Lever's Mumbai factory. Hindustan Lever, a subsidiary of Unilever, sold its plant in Mumbai in July 2005 to another company, Bon Ltd. Two months later, the new owner made an application to the local government to close the factory. 
 
Hindustan Lever had apparently hoped it could use the proposed sale to not only take advantage of tax concessions, but also to avoid its legal obligation to negotiate with the trade union, the Hindustan Lever Employees' Union (HLEU), which is an affiliate of the IUF (International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations). A recent High Court decision has now clearly established, again, that this transfer is against Indian law. 
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With this legal victory, HLEU members at the plant continue their struggle against the illegal transfer and closure, stronger then ever before, and supported by many Indian and international trade unions. In the ICEM letter, the Global Union Federation calls on the company to enter into immediate and fair negotiations with the HLEU. 
 
More information on the dispute, including the possibility to send a message to the company, can be found on the IUF&rsquo;s web-site <a href="http://www.iufdocuments.org/cgi-bin/dbman/db.cgi?db=default&amp;uid=default&amp;ID=3697&amp;view_records=1&amp;ww=1&amp;en=1">here</a>.

Protest Against Hindustan Lever Plant Closure in Mumbai

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Facing tremendous pressure to refrain from taking action, the Korean Power Plant Industry Union (KPPIU), which represents around 3,000 members at five power plants that belong to the Korea Electric Power Corporation, or KEPCO, went on strike for 15 hours on 4 September 2006. 
 
The strike was a response to the unwillingness of KEPCO management to negotiate such issues as better working conditions, the rotation system, the expansion of the scope of trade union work and the reinstatement of fired colleagues. The trade union action followed a decision by the National Labour Relations Commission, a day earlier, to call for government arbitration over the labour dispute. 
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Both the company and the government took a very antagonistic stand towards the workers. Neither party was open to any negotiation whatsoever, administrative actions against strikers were announced, and the government warned against taking part in what it called an &ldquo;illegal strike.&rdquo; Reportedly, the government even had 3,500 emergency substitutes ready, just in case. 
 
Workers returned to work late Monday afternoon, as the government intervened to halt the strike, with union executives under threat of arrest. However, in the end, negotiations between labour representatives and the managements of the power plants resumed later the same day.

Short Strike by Korean Power Workers

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Rubber workers in the US, members of ICEM affiliate United Steelworkers (USW), expressed their displeasure with Continental AG at a pair of rallies in recent weeks. Union members protested the manner in which the German tyre-maker closed a factory in Charlotte, state of North Carolina, last spring. 
 
One rally occurred on 4 September in Charlotte, and then another one when USW members converged on the International Tire Exhibition and Conference in Akron, state of Ohio, protesting Continental&rsquo;s anti-worker practices. The company was an exhibitor at the trade fair. 
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Continental was cited by the US National Labor Relations Board with violations of the country&rsquo;s labour law when it refused collective bargaining with the USW over a new contract for 800 workers in Charlotte. The USW had attempted to reach a new labour agreement and keep the Charlotte plant open by offering the company US$16 million in cost-savings. But the company refused to consider the proposal and used 1 May as the date to announce all tyre production would cease at the plant. 
 
In early August, the USW formally called on the US State Department to initiate an investigation over alleged breaches of work practices under guidelines of the Organisation for Economic Cooperation and Development (OECD). &ldquo;The conduct of this German company and its apparent belief that it can violate US laws and (OECD) Guidelines with impunity is shocking,&rdquo; wrote USW President Leo Gerard to the US OECD National Contact Point (NCP). &ldquo;The full force of the US Government, including NCP intervention, should be brought to bear.&rdquo;

US Steelworkers Protest Continental Tyre’s Labour Policies

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ICEM affiliate FNV Bondgenoten has called attention to the continued high incidence rate of safety negligence in the chemicals industry in The Netherlands. In an article published in the union&rsquo;s magazine, &ldquo;Kadermagazine,&rdquo; Bondgenoten says the rate in the current annual report of the Labour Inspectorate is the same as it was in 2003. 
 
&ldquo;Since 2003, the Inspectorate has found a high level on incidents after FNV Bondgenoten revealed as much in a thorough survey of shop stewards&rdquo; inside the chemicals industry, stated the union&rsquo;s Egbert Schellenberg. The report was submitted to Parliament. Schellenberg said that there already had been vast concern among union members in 2003. &ldquo;Now, nothing has changed. When will something be done?&rdquo; he asked. 
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The survey by FNV Bondgenoten finds that an incident involving a dangerous substance occurs nearly once every day, on average. And a quarter of safety incidents involve casualties of one form or another. The union says that many occurrences happen during maintenance periods, with injuries due to inhaling fumes of dangerous substances or from burns. 
 
Schellenberg says that employers in the chemicals industry must shoulder the responsibility and respond in a manner that reduces injuries and illnesses. He also says that the Ministry of Social Affairs and Employment must also play a role in reducing the incidence rate in the chemicals industry. 
 
FNV Bondgenoten has scheduled a social dialogue session with the ministry on 21 September to discuss this serious concern.

Safety in Netherlands Chemicals Industry Not Improving, Bondgenoten Reveals

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Belgian ICEM affiliate La Centrale G&eacute;n&eacute;rale / de Algemene Centrale, together with its national centre FGTB/ABVV organised a series of actions on 13 September in Belgium at the occasion of its second &ldquo;Day on the Rights of Temporary Agency Workers.&rdquo; 
 
About 300.000 copies of the &lsquo;Interim Times,&rsquo; a special free &ldquo;newspaper&rdquo; dedicated to the issue of agency labour, were distributed at train stations throughout the country. The Francophone version of newspaper is available online on the union&rsquo;s site <a href="http://www.accg.be/sec/be-fr/ser/inte/news/20060913%20Interim%20Times%20FR.pdf ">here</a>. For the Flemish (Dutch language) version, click <a href="http://www.accg.be/sec/be-du/ser/inte/news/20060913%20Interim%20Times%20NL.pdf ">here</a>. 
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Among other things, the paper contains a series of personal stories, revealing a large number of problems related to agency labour. These include obvious insecure job situations and the often all too vague promises for permanent work &ldquo;later on.&rdquo; Possibly less obvious, but equally omnipresent, are several other problems, such as the difficulty to fight for one&rsquo;s rights, which opens the door for abuse, or simply not being able to get a loan from a bank. 
 
The &ldquo;Interim Times&rdquo; paper was also available on many shop floors, where meetings were held by health and safety committees or company councils to discuss the issue of agency labour. The FGTB wanted all relevant bodies to talk to their managements about the problems connected to agency labour. 
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The FGTB warns that temporary agency work tends to replace more and more permanent jobs. The union also observes many legal violations in the sector. Under Belgian law, temporary agency labour can only be used in three circumstances: when a worker with a permanent contract needs to be replaced temporarily; in case of a temporary increase of the work volume at a company; or when extraordinary work needs to be performed. 
 
However, there is an ongoing discussion on the subject of a &ldquo;fourth category,&rdquo; which would allow employers to also use temporary agency workers as an &ldquo;in-flow&rdquo; method. The FGTB&rsquo;s position is clear in this: there is to be no agreement as long as there are no guarantees towards permanent employment and towards solid trade union verification. The FGTB also rejects the idea of temporary agency work in the public sector. 
 
On the occasion of the day of action, the FGTB encouraged all its members to consider a few key questions: does the company inform the workers&rsquo; representatives and/or company councils adequately on its use of agency labour? Does management stick to the rules in those cases where it needs to have an agreement from the workers representatives on agency labour? Is agency labour only used for temporary work, as required by law?

Agency Labour Day in Belgium

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The ICEM has a new Norwegian affiliate, the result of a merger between oil and gas union NOPEF and chemicals union Norsk Kjemisk. On 4 September in Oslo, the two unions officially merged during a day-long joint Congress to form Industri Energi. 
 
The merged union, with a combined membership of&nbsp;45,000 members, will have its headquarters in Oslo. 
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NOPEF President Leif Sande was elected Industri Energi&rsquo;s first president, while Liv Undheim, former Deputy President of Norsk Kjemisk, won election as Vice President. After a long and successful career as Norsk Kjemisk President, Olav Stoylen took a well deserved retirement, effective with the 4 September Congress. 
 
The union marriage marks the second such merger this year among Norway&rsquo;s trade unions. Last January, ICEM affiliate Fellesforbundet took in the Norwegian Graphical Workers&rsquo; Union, creating one big union for the pulp, paper, graphical and cardboard industry.

Industri Energi the Result of NOPEF, Norsk Kjemisk Merger in Norway

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Despite a compromised wage proposal by the union, ICEM affiliate Oilfield Workers&rsquo; Trade Union (OWTU) and Trinidad and Tobago&rsquo;s state oil company, Petrotrin, are no closer to an agreement on a new three-year contract, dating from 2005 to 2008. 
 
The two sides, however, with assistance from the Labour Ministry, continued intense negotiations through last week. 
 
Some 1,500 OWTU members at the company&rsquo;s lone refinery carried out another wave of industrial actions in the nine-month dispute, staging short work stoppages on 7 and 8 September. The action effectively shut production at the Pointe-a-Pierre refinery, and was the fourth such industrial action taken by OWTU members at the refinery since last March. 
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On 5 September, refinery workers marched on Petrotrin&rsquo;s main offices in Pointe-a-Pierre. They were joined by many of the 3,500 other members employed at Petrotrin, who also await updated labour agreements. 
 
In bargaining in early September, OWTU lowered its wage demands from 32% over three years, but Petrotrin has not moved upward from its 10% proposal. OWTU is attempting to negotiate fair and equitable settlements in five labour agreements, covering 5,000 workers. 
 
The credit ratings agency Moody&rsquo;s, meanwhile, has placed Petrotrin&rsquo;s foreign currency issue rating under review for possible downgrade due to the labour dispute. The review will &ldquo;assess the company&rsquo;s operations and debt servicing capabilities in light of its current labour unrest and the highly uncertain dynamics of labour negotiations,&rdquo; said Moody&rsquo;s in a statement. Roughly a quarter of refined output from the former Texaco refinery at Pointe-a-Pierre is for domestic use, with the remainder exported to eastern Caribbean islands, South America, and the east coast of the US.

Dispute in Trinidad and Tobago’s Oil Industry Continues

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Over 200 trade union leaders and activists throughout Zimbabwe were arrested last week, on 12 and 13 September 2006. A large number of them were treated in an extremely violent way by the police forces while in detention. 
 
Victims include the three top leaders of the national centre Zimbabwe Congress of Trade Unions (ZCTU). ZCTU President Lovemore Matombo and Secretary General Wellington Chibebe were so brutally assaulted that they could not stand up afterwards. First Vice President Lucia Matibenga could no longer walk. She was, as were others, severely beaten on the soles of her feet. 
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ZCTU General Secretary Wellington Chibebe
After being ill-treated at the Matapi Police station in Mbare on 13 September, the three top leaders were refused immediate medical attention. They were released later on bail. Speaking from his hospital bed, Brother Chibebe told the press afterwards he had been unconscious for over half a day. Police from Matapi later simply denied that the arrested were assaulted. 
 
Reportedly, their physical shape was such that senior police authorities refused to take them in custody at Harare&rsquo;s Central Police Station. Comrade Chibebe has a broken arm. Both he and Comrade Matombo suffered cranial/facial bruising and other head injuries. Many other arrested trade unionists equally suffered from the police violence, having their heads bashed against prison walls and being stamped and kicked in the head. 
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Police reports from last week suggest that the trade unionists could be charged under the Public Order and Security Act (POSA), a commonly used law to deter trade union activists in Zimbabwe. 
Ruling party Zanu PF militia had started the repression last week by intimidating and blocking union marchers in many cities, including in Harare. The ZCTU&rsquo;s demonstration was against the country&rsquo;s inflation rate of 1,000 %, in demand of higher incomes, lower taxes and better access to antiretroviral drugs needed to fight HIV/AIDS. 
 
Some 256 ZCTU activists were arrested in total, in at least 16 cities. ZCTU offices were blockaded and sealed by the army and police forces. Meanwhile, the union leaders vow to continue their protest.

Bloody Repression against Trade Union Leaders in Zimbabwe

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