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Mining giant Rio Tinto has made an offer to settle a long-running dispute at its Mt. Thorley mine in Australia. 
 
The news was announced this morning to a mass rally of striking mineworkers at the three Rio Tinto mines in Australia's Hunter Valley. 
 
The company concession came on the eve of an international trade union action week on Rio Tinto. The action is planned from today onwards in countries ranging from Australia to the USA, South Africa, Chile and Brazil. 
 
Rio Tinto has faced serious industrial disputes across all of its Australian coal mines since it sought to cease bargaining with unions and to push workers on to individual contracts - a process begun in 1993. 
 
The company's offer at Mt. Thorley was made on Friday night, and now has to be put to the union membership. The mining union CFMEU is understood to have recommended acceptance. At the global level, the CFMEU is affiliated to the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), with which it has been campaigning globally on the Rio Tinto issue. The campaign and the action week will be maintained while the union members take their decision on the Mt. Thorley offer.

Rio Tinto Settlement Bid At Australian Mine

An American union has won a hard-fought election to represent Imerys workers at the company's Sylacauga site in Alabama. Imerys is a leading materials and minerals multinational, and a global trade union campaign played an important part in the election victory. 
 
&quot;We won against all odds by showing our union had real power against this giant global corporation,&quot; said Charles Stevens, an Imerys worker and one of the leaders of the organising committee for the Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE). The union secured a 205 to 181 victory on 22 June in a secret ballot election to represent 400 workers at the Imerys plant. 
 
Imerys withdrew recognition of the union in June, 1999, after the company acquired English China Clays (ECC) and combined a much larger non-union ECC plant with its unionised Georgia Marble facility just next to it. Imerys claimed the union no longer represented a majority of workers at the combined operation. PACE immediately formed an organising committee, made up initially of union members from Georgia Marble, after the withdrawal of recognition, and started contacting non-union ECC workers. 
 
The victory, according to PACE Organiser Joe Wilson, who led the drive in Sylacauga, was the culmination of a year-long campaign. &quot;Most ECC workers had little knowledge of a union, and the company used brutal scare tactics to keep the workers from talking to union supporters from Georgia Marble,&quot; said Wilson. &quot;Eventually, we broke the spiral of fear by fighting back with a combination of hard work, proven organising methods and a sophisticated 21st century global campaign that overwhelmed the company.&quot; 
 
Key to the organising drive was support received from unions representing Imerys employees in Britain, Belgium and Australia and in France, where the company is headquartered. 
 
PACE produced a video and other publicity material on Imerys' &quot;union-busting&quot; at Sylacauga. A special PACE/ICEM website highlighted the campaign and enabled workers worldwide to communicate with their colleagues in the US. 
 
The union also sent two delegations to meet European trade unionists. One of the delegations included Imerys worker Keith Fulbright from the ECC side of the Sylacauga facility. Fulbright's accounts of Imerys' behaviour prompted European trade union protests to the company. British workers represented by the ICEM-affiliated Transport and General Workers' Union wore 
stickers at some of Imerys' largest plants stating: &quot;Stop Imerys Union Busting in the US.&quot; 
 
The ICEM lobbied Imerys headquarters management directly in Paris, and ICEM General Secretary Fred Higgs travelled from the international's headquarters in Brussels to a union rally in Sylacauga to show international support for the workers there. Higgs also led a march on the plant. 
 
The global campaign against Imerys peaked on 9 May at the Imerys shareholders' meeting in Paris. PACE, the ICEM and Walden Asset Management, a major social investment company, drew the shareholders' attention to Imerys' anti-union practices. 
 
&quot;I believe that PACE and the ICEM have made a little history with this campaign and our victory,&quot; commented PACE President Boyd Young today. 
 
PACE anticipates the start of bargaining soon for a first contract (collective agreement) at Sylacauga. &quot;We hope the company will finally put aside its anti-union attitude and realise that the union and company must work together to make the Sylacauga operation a success,&quot; said PACE Region 5 Vice-President Don Langham. 
 
&quot;This is a great victory for international solidarity,&quot; said ICEM General Secretary Fred Higgs today. &quot;Above all, it is a victory for the courage and perseverance of the Sylacauga workers and their trade union, PACE. We call upon Imerys to honour the workers' decision without delay. In Sylacauga as everywhere else, it is in the company's own best interests to work with the union and to conduct collective bargaining in good faith.&quot;

US Union Wins Imerys Recognition Vote

Materials giant Imerys is using a self-proclaimed &quot;goon squad&quot; to oppose union recognition at one of its US plants. 
 
This is shown by a photo taken yesterday morning at the multinational's Sylacauga site in Alabama. 
 
An election is to be held at Sylacauga on 22 June to decide whether workers there should be represented by the Paper, Allied-Industrial, Chemical &amp; Energy Workers' Union (PACE). 
 
But the US management's tactics are bringing French-based Imerys into serious disrepute. 
 
The new photo features a man carrying the company's anti-union leaflets. He is wearing a teeshirt with &quot;Goon Squad&quot; printed on the back. &quot;Goon&quot; is a slang word for &quot;thug&quot;. 
 
So the teeshirt is an implied threat of physical attack. Goon squads often played a violently anti-union role in past US labour disputes. 
 
PACE reports that some of the company's other leafleters were wearing the same shirts. The union believes that they were provided by Imerys. 
 
This latest union-busting attempt at Sylacauga has been roundly condemned by the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM). PACE is one of the ICEM's American affiliates. 
 
The goon squad photo coincides with the ICEM's receipt of a letter from Imerys CEO Patrick Kron, in which he admits that the company is allowing its Sylacauga management to pursue an anti-union line. 
 
Dated 9 June, Kron's letter is in response to a recent protest from ICEM General Secretary Fred Higgs. 
 
&quot;Local management,&quot; Kron replied, &quot;has said from the beginning that a third party representation is not an advantage for the plant or our employees in Sylacauga and that a direct relationship between management and employees works well at Sylacauga. There is obviously no reason to prohibit the local management to express and explain this view to our employees and no commitment to refrain from doing so has been taken by anyone.&quot; 
 
Kron's words will shock Imerys employees in Europe, where the company has emphasised &quot;social partnership&quot; with unions. But unions in Europe, too, are now questioning the company's two-faced approach to industrial relations. Can it really cuddle up to unions on one side of the Atlantic and use goons on the other? 
 
Higgs had told Kron of three current anti-union activities by the Sylacauga local management: 
 
(a) Supervisors at Sylacauga are wearing &quot;Vote NO&quot; stickers on their hardhats and posting the same stickers around the plant. 
 
(b) The supervisors, sometimes two together, are also taking workers one at a time into offices, telling them that unionisation would mean a loss of wages and benefits, and urging them to vote against the union. 
 
(c) The company is still using the union-busting lawyer Frank Parker to train its local managers. 
 
In response, Kron wrote that the ICEM had been &quot;misinformed&quot; about points (b) and (c). He made no comment on point (a). 
 
Higgs had also urged Kron to &quot;confirm in writing to all workers in Sylacauga what you told your shareholders about the free choice of the workers.&quot; This was a reference to the commitment given by Kron, at last month's annual shareholder meeting in Paris, that the company would not campaign against the union. Both PACE and the ICEM asked questions during the Paris assembly, and discussed Sylacauga with Kron and his colleagues afterwards. 
 
In his reply to Higgs' letter, Kron made no comment on the suggestion that he should write to the Sylacauga workers. 
 
Today, Higgs again wrote to Kron. 
 
Kron had argued that Imerys is &quot;committed to respect the laws in all the countries where we operate and to conduct our industrial relations and business in an ethical manner.&quot; 
 
Higgs' reply: &quot;My experience tells me that a blind reliance on domestic legislation in many countries would certainly not deliver acceptable ethical business behaviour.&quot; 
 
Imerys employees in Europe should view the company's anti-union preference in Sylacauga with concern, Higgs stated - &quot;as I am sure they will when it is brought to their attention.&quot; 
 
And he signed off with the hope that &quot;even at this late stage, you will reflect on the inconsistency in the application of Imerys' declared corporate ethics, by ensuring your US management respect trade unions as legitimate social partners who, as in the European Union, should be welcomed rather than resisted.&quot;

Imerys: &#039;Goon Squad&#039; Photographed At US Site

Materials giant Imerys was today accused of acting in bad faith over an upcoming union recognition vote at one of its US sites. 
 
&quot;Imerys headquarters management in France had assured us that the company would not campaign against the union in the US,&quot; said Fred Higgs in Brussels today. &quot;They have broken their word.&quot; 
<img height="263" src="" width="350" alt="" />
UNDER PRESSURE 
Imerys supervisors are pushing US workers to vote against the union. 
(photo: PACE)&nbsp;
Higgs is General Secretary of the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM). 
 
An election is scheduled for 22 June at Imerys' Sylacauga site in the US, to decide whether workers there should be represented by ICEM American affiliate the Paper, Allied-Industrial, Chemical &amp; Energy Workers' Unions (PACE). 
 
The vote follows a campaign by PACE, the ICEM and unions at other Imerys sites worldwide to secure the Sylacauga workers' right to opt for a union. 
 
Imerys corporate headquarters had promised the ICEM and PACE that the company would not campaign against the union in the run-up to the poll. 
 
On 17 May, local US manager Randy Sandrik sent all Sylacauga employees a note proclaiming the company's &quot;commitment to a fair and prompt election.&quot; 
 
But a little further into the memo, he unveiled his real agenda: &quot;In consideration of the relationship between the company and unions throughout Imerys, we will not campaign against unions in general. The focus of our communications process will only be union representation at Sylacauga.&quot; Sandrik also gave everybody the benefit of his own views: &quot;I don't think the Sylacauga employees need a third party representative to manage our relationship.&quot; 
 
The results of this duplicity are already plain. 
 
Supervisors at Sylacauga are wearing &quot;Vote NO&quot; stickers on their hardhats and posting the same stickers around the plant. 
 
The supervisors, sometimes two together, are also taking workers one at a time into offices, telling them that unionisation would mean a loss of wages and benefits, and urging them to vote against the union. 
 
And the company is still using the union-busting lawyer Frank Parker to train its local managers. 
 
&quot;One thing is clear,&quot; Higgs said today. &quot;Either the Imerys corporate management in Paris is acting in bad faith - or else it is simply being fooled by its US local managers.&quot; 
 
He urged Imerys CEO Patrick Kron to write immediately to all the Sylacauga workers, assuring them of the company's full neutrality on the issue of union representation at its US site. 
 
PACE has now brought a case against Imerys at the OECD, which has a code of conduct for multinational companies.

Imerys in &#039;Bad Faith&#039; Over US Union Vote

Lawlessness and intimidation&quot; in Zimbabwe are now impacting negatively on trade union rights there, world industrial union leaders declared in Brussels this afternoon. 
 
The Executive Committee of the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM) called on the Zimbabwean government to &quot;allow trade union activities to take place freely and without fear or intimidation.&quot; 
 
Trade union rights and human rights must be guaranteed &quot;irrespective of political tensions in the country,&quot; the ICEM said. It also called for &quot;free political activity&quot; in Zimbabwe and the &quot;creation of an environment conducive to free and fair elections.&quot;

Zimbabwe Union Rights Under Threat

AGREEMENT ON TRANSNATIONAL INDUSTRIAL RELATIONS AND CORPORATE SOCIAL RESPONSIBILITY 
 
on the day of November 29, 2002 in Rome, between 
 
Eni SpA 
 
and 
 
FILCEA-Cgil, FEMCA-Cisl, UILCEM-Uil, ICEM 

the following points were agreed on: 
 
1. Introduction 
 
The growing internationalisation of the Eni Group calls for the development of a transnational outlook by the parties involved in this process. 
 
With the European Works Council these parties have already firmly established a positive procedure for information exchange and consultation at European level. At extra-European level, the expansion of Eni makes the topic of socially responsible conduct on the part of the company all the more relevant. 
 
With the signing of a Protocol on Industrial Relations in Rome on 22 June 2001, Eni, Filcea, Femca and Uilcem expressed their intention to conform the development of the Group's activities to fundamental ethical principles based on respect for human rights and social rights as contemplated in international conventions. To this end, the parties, in compliance with their signed commitment to seek adequate procedures for information exchange and periodical consultation with regard to the presence and expansion of Eni throughout the world and to develop a dialogue on the social and economic effects of these operations, have agreed to proceed with the formulation of the present agreement. 
 
 
2. Principles 
 
The signatories agree to the importance of supporting a model of corporate growth that combines the creation of value and innovation with attention to human rights and adequate standards of working conditions and safety, as well as quality of life and eco-compatible development. To this end, they have declared their commitment to work towards the cultivation of working practices capable of promoting economic and social progress. 
 
With the present agreement, Eni confirms its commitment to respect fundamental human and social rights in all the Group&rsquo;s activities and to establish new ways of exchanging information on topics pertaining to industrial relations at world level, for the purpose of improving and promoting good labour practices. 
 
Eni and its companies acknowledge the guiding principles of the &ldquo;Universal Declaration of Human Rights&rdquo; of the United Nations and of the fundamental conventions of the ILO, and declare that they intend to take steps to apply these principles within the context of their activities. 
 
 
In particular, they confirm: 
 
- the right of association and negotiation (ILO conventions nos. 87 and 98). All workers are entitled to belong to trade unions of their choice and to benefit from fundamental union rights; 
 
- prohibition of forced labour (ILO conventions nos. 29 and 105). Forced labour is prohibited; whether it be slavery or work performed by inmates; 
 
- prohibition of child labour (Conventions 138 and 182). Child labour is prohibited, especially in its most strenuous forms, and the right of children to complete their development and education must be safeguarded; 
 
- non-discrimination in employment (Conventions 100 and 111). Workers cannot be discriminated against on account of their race, sex, religious creed, political opinions or social origin. Men and women must receive equal salary treatment for work of equal value, and the principles of equal opportunity must be applied; 
 
- non-discrimination against labour representatives (Convention 135). Labour representatives are not to be subjected to any type of discrimination on account of their activities in representing workers; 
 
- continuing efforts to improve conditions of safety and health at the workplace, including the dissemination of the positive results already achieved within the Group. 
 
 
Eni reiterates its commitment to optimise and apply the Group&rsquo;s principles: 
 
&middot; Business ethics 
 
all Eni&rsquo;s activities at home and abroad must be carried out honestly, with integrity and in compliance with existing laws. 
 
&middot; Respect for stakeholders 
 
Eni respects all stakeholders (employees, shareholders, customers, suppliers, communities, business and financial partners, institutions, public organizations, industry associations, trade unions, and others) with whom it deals when carrying out its business activities, in the belief that they represent an important asset for the company. 
 
&middot; Protection of workers and equal opportunities 
 
Eni observes universally accepted labor laws and complies with the &ldquo;core labor standards&rdquo; contemplated in the fundamental conventions of the ILO (International Labor Organization). Therefore the company guarantees freedom of trade union membership and the right to collective bargaining, while it repudiates all forms of forced labor, child labor and discrimination. 
 
Eni also assures equal employment and professional opportunities as well as equal treatment based on merit. 
 
&middot; Enhancement of professional skills 
 
Eni acknowledges and promotes the development of individual employees&rsquo; skills and know-how as well as team work so that individuals can fully express their energy, creativity and potential. 
 
&middot; Respect for diversity 
 
Eni draws inspiration for its business conduct from its respect for the cultures, religions, traditions and ethnic diversity of the communities where it operates and is committed to preserving biological, environmental, social, cultural and economic identities. 
 
&middot; Respect for human rights 
 
Within its sphere of activities, Eni is everywhere committed to supporting the United Nations &ldquo;Universal Declaration of Human Rights&rdquo;. 
 
&middot; Cooperation 
 
Eni actively contributes to the improvement of the quality of life and socio-economic development of the communities where the Group is present. 
 
&middot; Protection of health and safety 
 
Eni guarantees the highest standards of health and safety for its employees and the communities in all the areas of the world where it operates. 
 
&middot; Environmental protection 
 
Eni will pay the utmost attention to the environment and ecosystem affected by its business activities and draws inspiration from the goals contained in international conventions signed by Italy on sustainable development. 
 
 
3. Implementation procedures 
 
3.1. Monitoring and initiatives 
 
To ensure application of the principles and conventions referred to above, Eni undertakes to carry out adequate monitoring activities by means of its own control instruments. In the course of the annual meeting, as indicated under point 3.5, appropriate procedures may be agreed on for the involvement of local trade unions or &ndash; where these do not exist &ndash; of representatives designated by the trade unions signing the present agreement. 
 
When information is received of situations that are out of line with or violate the agreement reached, the parties shall notify each other of the fact in timely fashion. Once the nature of the situation has been determined, Eni shall act to eliminate any anomalies, and inform the union organisations of the initiative. 
 
With regard to activities assigned to contractors, Eni shall formulate suitable guarantees against possible violations within the framework of existing contractual relations. 
 
3.2. Affirmative action 
 
The parties may agree to carry out programs of affirmative action geared towards promoting fundamental human and social rights, together with good work practices; these programs may consist of activities involving information, training and research. 
 
3.3. Information 
 
Eni and the signatory union organisations undertake to propagate the present agreement, by publicising its existence and contents. 
 
3.4. Industrial relations 
 
Within the context of the principles referred to above, the parties acknowledge the importance of developing industrial relations at all levels that take into account the different socio-economic contexts in which the group operates. 
 
In light of the above, Eni and the companies of the Group undertake, within the scope of their responsibilities, to establish a constructive relationship with union organisations and workers&rsquo; representatives appointed on a democratic basis and recognised by international trade unions. 
 
3.5. Annual meeting 
 
In May of each year &ndash; with the purpose of promoting a system of information, consultation and dialogue with the signatory trade unions &ndash; a meeting shall be held involving the national secretariats of the FILCEA, FEMCA and UILCEM, as well as the general secretariat of the ICEM and Eni, with representatives of the competent departments for topics of their concern. 
 
In the course of this meeting, complete information shall be provided on: 
 
&middot; economic-financial topics regarding the ongoing development of Eni at world level; 
 
&middot; current performance and future prospects of the main operating activities, focusing on the most significant geographical areas and the related figures concerning employment; 
 
&middot; ongoing development of the group&rsquo;s industrial relations in the different countries and areas where it operates, with particular attention to potentially critical situations, including the provisions agreed to under point 3.1.; 
 
&middot; the undertaking by Eni of actions and programs of Corporate Social Responsibility, as well as initiatives involving health and safety at the workplace. 
 
 
4. Final provisions 
 
4.1. Practices of industrial relations at local and enterprise levels 
 
The agreement does not replace or represent an obstacle to local practices, with the parties recognising the principle according to which problems that arise between workers and their companies must be resolved at the level closest to the workplace. 
 
4.2. Organisation 
 
Eni undertakes to sustain, within the bounds of normality, the costs for the organisation of the annual meetings contemplated under point 3.5. 
 
4.3. Distribution of information 
 
With the purpose of distributing and exploiting to the fullest possible extent the contents of the agreement, existing communications tools may be utilised, including information networks. 
 
4.4. Duration of the agreement 
 
The present agreement is considered valid for two years, at the end of which it shall be revised and/or confirmed for a similar period. The parties may agree in advance to the modifications or additions to be made to its contents. 
 
4.5. Management 
 
The management of the present agreement is the responsibility of the general secretariats of the FILCEA, FEMCA and UILCEM, as well as the general secretariat of the ICEM and the Eni Personnel Department. 
 
 
 
Eni SpA 
Renato Roffi 
Filcea-Cgil 
Attilio Arseni 
Femca-Cisl 
Sergio Gigli 
 
Uilcem-Uil 
Romano Bellissima 
 
ICEM 
Fred Higgs

Text of the Global Agreement between ICEM and Eni

<img height="114" alt="" src="" width="130" />
The 20-millions strong ICEM and the Italian Trade Unions FILCEA-Cgil, FEMCA-Cisl and UILCEM-Uil signed a global agreement with Italian-based energy multinational, ENI, covering some 70 000 workers worldwide. The signing ceremony took place on 29th November 2002 before three hundred delegates gathered at the ICEM World Energy Conference in Rome. The agreement arises from a Protocol on Industrial Relations entered into between ENI management and Italian trade unions FILCEA, FEMCA and IULCEM in June 2001. This protocol established procedures for dialogue on the socio-economic impact of the company's activities across the globe and respect for human and trade union rights as contained in the ILO Core Conventions. 
 
 

<img height="236" alt="" src="" width="250" />
ICEM General Secretary Fred Higgs 
signs Global Agreement with ENI 
Founded in 1953, ENI, is a privatised company in which the Italian government has retained 30% equity. It has operations in oil and gas exploration, production, refining, marketing, engineering and oil field services, electricity generation and in the petrochemicals industries - key sectors for the ICEM. It is the sixth largest energy producer in the world with some seventy operations in sixty seven countries. It is listed on the New York and Milan stock exchanges. It has a market capitalisation of just over sixty seven billion euro. In 2001, the company generated a turnover of 49 billion euro. 
With the present agreement, ENI confirms it's commitment to respecting and implementing fundamental human and social rights as enshrined in the United Nations' Universal Declaration of Human Rights and Core Labour Conventions adopted by the International Labour Organisation (ILO) viz. the right of workers to organise and bargain, prohibition of forced labour, prohibition of child labour and non-discrimination. In addition, the agreement provides for &quot;continuing efforts to improve&quot; and to &quot;guarantee the highest standards&quot; of health and safety for workers in all of it's global operations. 
 
The Agreement commits the parties to &quot;work towards the cultivation of working practices capable of promoting economic and social progress&quot;. This includes skills development programmes for workers, diversity management and promoting sustainable development goals. As regards contractors, the company undertakes to &quot;formulate suitable guarantees against violations&quot; within the framework of the agreement. Any violations of the terms of the agreement shall be reported and any remedial action undertaken by management will be communicated to the union. The agreement will be communicated throughout all operations using both company and union networks. 
 
To promote on going information exchange and social dialogue, company executives, our Italian affiliates and the ICEM General Secretary shall meet, at company cost, in May each year to discuss socio-economic matters such as financial reports, employment, industrial relations and corporate social responsibility. Provision is also made for the involvement of ICEM-affiliated local unions within the company's operation in such meetings.&nbsp; 
 
Addressing conference delegates after the signing, Massimo Cappelli, manager for industrial relations and productivity stated that the agreement &quot;crowns an achievement in the company's ethics and industrial relations policy&quot;. The agreement commits the company to respecting human and trade union rights in all it's operations. &quot;This agreement takes us another step forward in our drive to improve industrial relations and respect for human and trade union rights across the globe&quot;, said Higgs after signing the agreement.

ICEM signs Global Agreement with Eni

PROTOCOL INSTITUTIONALISING DIALOGUE AT THE INTERNATIONAL LEVEL BETWEEN THE GENERAL MANAGEMENT OF ENDESA AND THE TRADE UNION REPRESENTATIVES 
 
Madrid, 25 January 2002 
 
PERSONS MEETING 
 
On the one hand, 
 
RODOLFO MART&Iacute;N VILLA and RAFAEL MIRANDA ROBREDO, persons legally of age, holding national identity documents nos. 09.580.318 - J and n&ordm;13045173 - X., respectively, 
 
and on the other hand, 
 
JOSU FRADE ODRIOZOLA, IGNACIO FERN&aacute;NDEZ TOXO and FREDERICK R. HIGGS, persons legally of age, holding national identity documents 14.863.638 A and 32,603.993 and British passport R 14.459.206, respectively. 
 
SIGNATORIES 
 
RODOLFO MART&Iacute;N VILLA and RAFAEL MIRANDA ROBLEDO are acting on behalf of and representing ENDESA, S.A. having its registered office at Madrid, Calle Pr&iacute;ncipe de Vergara 187, in their capacity as Chairman of the Board and Managing Director respectively of said Entity. 
 
JOSU FRADE ODRIOZOLA is acting on behalf of the FEDERACI&Oacute;N DE INDUSTRIAS AFINES DE UGT (hereafter &ldquo;UGT&rdquo;), in his capacity as General Secretary of the same. 
 
IGNACIO FERN&Aacute;NDEZ TOXO is acting on behalf of the FEDERACI&Oacute;N MINEROMETAL&Uacute;RGICADE CC.OO. (hereafter &ldquo;CC.OO&rdquo;.), in his capacity as General Secretary of the same. 
 
FREDERICK R. HIGG is acting on behalf of the International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions (hereafter &ldquo;ICEM&rdquo;), in his capacity as General Secretary of the same. 
 
 
 
WHEREAS 
 
FIRSTLY: The U.G.T. and CC.OO comprise the majority trade union representation at ENDESA in Spain, both parties having ratified their mutual capacity as interlocutors for negotiating any agreements and pacts that are agreed for all the enterprises, under the terms of the Agreement signed on 29 December 1999. 
 
 
SECONDLY: ICEM states that it brings together the majority of the trade unions representing ENDESA employees in the international field. 
 
 
THIRDLY: Both parties agree fully on the existence of common interests that can be summarised in the expediency of making the needs for growth and for the competitive and financial success of the Endesa Group compatible with dignified working conditions for all Group employees. 
 
 
FOURTHLY: Both parties agree that trade union dialogue, as well as any possible future agreements reached at ENDESA, need to be carried out in a spirit of dialogue and mutual understanding and reflect the common interests mentioned above, 
 
 
IT IS HEREBY AGREED 
 
FIRSTLY: That both parties adopt, as fundamental principles of the present protocol: compliance with international labour standards, and in particular the ILO conventions on trade union freedom and the right to organise and international standards on the respect of human rights; the strictest respect of standards and required behaviour in the area of Safety, Health and Prevention of Occupational Hazards; viewing the vocational training of workers as a qualification instrument that is mutually beneficial to the two parties; the commitment to provide a service of the highest quality; and supporting and upholding the ENDESA expansion plans which enable its activities and employment to grow. 
 
 
SECONDLY: To establish a channel of dialogue and international trade union consultation within ENDESA at the highest organisational level, as an effective tool for achieving an adequate exchange of relevant information between the two parties. 
 
 
THIRDLY: That at least once a year, or whenever required by the relevant nature of the topics to be discussed, an ICEM representative will take part in one of the meetings established in the &ldquo;AGREEMENT dated 25.10.2000 BETWEEN THE GENERAL MANAGEMENT OF ENDESA AND THE TRADE UNION REPRESENTATION&rdquo;, in which the questions provided for in said agreement shall be addressed in an international perspective. 
 
 
FOURTHLY: That, independently of what has been established in the previous agreement, whenever the relevance of the topics to be dealt with so justifies, and in any event, at least once every six months, Endesa&rsquo;s Corporate Human Resources Management will meet with the highest officials of the signatory trade unions, and that this meeting will be attended by one ICEM representative for each country other than Spain in which ENDESA has companies that it controls. 
 
4.1. The basic content of this type of meeting will be the analysis and mutual exchange of information concerning the most relevant happenings in the labour area, as well as the short and medium-term outlook, and specifically as regards the evolution of employment. 
 
Additionally the two parties may agree on and adopt initiatives to achieve the basic objectives and principles that inspire the present agreement, including participation in international programmes that are consistent with the jointly adopted principles. In keeping with this, both parties consider it a matter of priority to work to draw up a code of conduct which is consistent with said principles. 
 
4.2. In order to render the objective of dialogue and consultation compatible with the good functioning of the meetings, the trade union representation will attend these meetings accompanied by officials who can guarantee that the topics are addressed in an adequate fashion. 
 
4.3. In order to assist the effectiveness of the meetings, ENDESA will provide those attending these meetings with the communication systems enabling them to maintain contact among themselves and with the trade union organisations signing the present agreement. Likewise, ENDESA will bear the reasonable costs of organising and attending said meetings and will set the venue of the meetings in agreement with the signatories. 
 
4.4. The agendas of the meetings will be distributed in advance by ENDESA management to those attending. 
 
Where proposed by either party with sufficient notice, it may be agreed that the meetings address other topics that are considered relevant in terms of their general or current importance. 
 
 
FIFTH. That the contacts and the information exchanged between the parties under the protection of the present agreement shall not replace or interfere with labour relations at the local level. 
 
 
SIXTH. That the information provided by Management at these meetings may be declared by the latter to be restricted and confidential, whenever its dissemination to competitors or to the general public could be detrimental to the economic interests of the Enterprise or to the proper execution of the business plans. 
 
In these cases, those attending commit to maintaining confidentiality and professional secrecy on the topics discussed and on the information and documentation provided by the Enterprise in such meetings. 
 
 
SEVENTH. That ENDESA and the trade unions signing the present agreement will disseminate its content to all companies, in the international area, over which ENDESA exercises control. 
 
Any information published externally about the present agreement will be mutually agreed by the parties. 
 
 
EIGHTH. That the present agreement will be valid until 31 December 2003, unless its extension is expressly agreed between the parties. 
 
 
And in witness of their acceptance of all the foregoing, they sign the present agreement in quadruplicate, at the place and date indicated in the heading. 
 
 
 
For ENDESA 
Rodolfo Mart&iacute;n Villa 
 
For FIA UGT 
Josu Frade Odriozola 
Rafael Miranda Robredo 
 
For F.M. CC.OO 
Ignacio Fern&aacute;ndez Toxo 
 
 
For ICEM 
Frederick R. Higgs

Text of the ICEM Global Agreement with Endesa

AGREEMENT 
 
Between 
 
FELLESFORBUNDET/ICEM 
 
and 
 
NORSKE SKOGINDUSTRIER ASA 
 
on 
 
THE DEVELOPMENT OF GOOD WORKING RELATIONS 
 
IN NORSKE SKOGINDUSTRIER&rsquo;S WORLDWIDE OPERATIONS 
 
1. PREAMBLE 
This agreement has been concluded between Norske Skogindustrier ASA, hereafter referred to as Norske Skog, and Fellesforbundet (The Norwegian United Federation of Trade Unions) and the ICEM (International Federation of Chemical, Energy, Mine and General Workers&rsquo; Unions). 
 
The agreement is based on the signatories&rsquo; joint commitment to respect basic human rights and trade union rights in the community, and to achieve continuous improvements within the areas of working conditions, industrial relations with the employees of Norske Skog, health and safety standards at the workplace and environmental performance. 
 
On the basis of the company&rsquo;s core values - openness, honesty and co-operation - the parties agree that they should actively co-operate locally, nationally and internationally. Co-operation is to be built on mutual respect, confidence and freely available and honest information. This ensures the possibility for the employees to influence decisions through consultation with the management. 
 
This agreement relates to all Norske Skog operations where the company has direct control as owner. Where Norske Skog does not have a controlling interest it will use its fullest influence in order to secure compliance with the standards set out in this agreement. 
 
Norske Skog will notify its subcontractors and suppliers of this agreement and encourage compliance with the standards set out in paragraph 2 below. 
 
 
2. CONDITIONS OF EMPLOYMENT 
Both parties underline the fact that they respect fundamental human rights and trade union rights, both in the community and at the workplace. The parties also wish to promote these rights in the company&rsquo;s supply chain and with customers. 
 
Within the company&rsquo;s own field of business the top manager for each business unit is responsible for ensuring that the following minimum rules and ILO conventions are not broken: 
 
a) Freedom of association and collective bargaining 
 
All workers shall have the right to be members of trade unions. These unions shall have the right to be recognised for the purpose of collective bargaining in conformance with ILO Conventions 87 and 98. Workers&rsquo; representatives shall not be subjected to any discrimination and shall have access to all necessary workplaces in order to carry out their duties as representatives (ILO Convention 135 and Recommendation 143). The employer shall take a positive attitude to trade union activities, including organising. 
 
b) Discrimination 
Equality of opportunity and treatment shall be guaranteed regardless of race, colour, gender, religion, political conviction, nationality, cultural origin or other irrelevant factors (ILO Conventions 100 and 111). 
 
c) Health &amp; Safety 
 
The parties believe that every employee has the right to a healthy and safe working environment. Norske Skog is committed to providing this. To achieve industry best practice the company will involve and work with the employees, their representatives and trade unions, to continually improve the company&rsquo;s health and safety performance. 
 
d) Forced labour 
 
Forced labour, including slave and penal labour (ILO Conventions 29 and 105), shall not be used, neither shall employees be required to pay any deposit or leave their identity papers with the employer. 
 
e) Child labour 
Child labour shall not be used. Only workers over the age of 15 - or over legal school age or the age of 18 in connection with hazardous work - may be employed (ILO Conventions 138 and 182). If this commitment is, or has been, violated by Norske Skog, the company will ensure that adequate educational opportunities and adequate interim financial support will be given. 
 
f) Wages 
 
Wages and benefits paid for a standard working week shall at least be sufficient to cover the basic needs of the worker and his or her family. 
 
Deductions shall not be made from wages as a disciplinary measure. All employees shall receive clear information in writing about the wage scales and deductions from pay before they are employed. Information regarding pay and deductions should be provided to employees each time wages are paid, and these should not be changed other than by written consent of the individual worker or by collective agreement. 
 
g) Employment conditions 
 
Employment shall, as a main rule, be based on permanent employment. Temporary and part-time employees should as a main rule receive the same relative terms and conditions as fulltime permanent employees. All employees shall have the opportunity to take part in relevant educational and training programmes. 
 
 
3. IMPLEMENTATION 
a) Norske Skog will ensure that appropriate translations of the agreement are available at all workplaces. The agreement will also be made public on Norske Skog&rsquo;s website and Intranet. 
 
b) Both parties accept that effective local monitoring of this agreement must involve the local management, the workers and their representatives, health and safety representatives and local trade unions. 
 
c) To enable local representatives to play a full role in the monitoring process, they will be given adequate time for training and involvement in the monitoring process. The company will ensure that local representatives are provided with information, access to workers, and rights of inspection necessary to effectively monitor compliance with this agreement. 
 
 
4. INFRINGEMENTS OF THE AGREEMENT 
In the event of a complaint or an infringement of the agreement the following procedure will normally apply: 
 
a) Firstly, the complaint should be raised with the local site management. 
 
b) If the complaint is not resolved with local management, it should be referred to the appropriate national union who will raise the issue with the company&rsquo;s regional president. 
 
c) If still unresolved, the complaint will be referred to the ICEM Brussels office who will raise the matter with the company&rsquo;s Corporate Management. 
 
Where infringements are found, these shall be reported to the responsible member of management, who will ensure that relevant corrective measures are implemented. 
 
 
5. ANNUAL REVIEW 
 
The signatories to the agreement will hold an annual meeting in order to review the principles, practice, effectiveness, and impact of the agreement. The aim shall be to exchange views regarding the current situation, and jointly develop further good working relations in Norske Skog. 
 
At these meetings leading ICEM / Fellesforbundet representatives, the Chief Shop Steward of Norske Skog, and representatives of Norske Skog Corporate Management will participate. 
 
The original English version of this agreement will apply in all parts and to all interpretations of the agreement. 

6. INFORMATION 
Fellesforbundet/ICEM will distribute copies of this agreement to all its member unions that organise employees in Norske Skog companies world wide, and broadly publicise the existence of the agreement. 
 
Likewise, Norske Skog will distribute copies of this agreement to all Norske Skog locations, their partners and contractors in the language(s) of the country concerned and will inform the local management about the conclusion and content of this agreement. 
 
 
7. ADMINISTRATION AND INTERPRETATION 
Fellesforbundet, ICEM and Norske Skog are responsible for the administration of this agreement. 
 
Questions regarding the interpretation of the agreement shall be resolved in accordance with the procedure jointly agreed to by the parties in point 4 above. 
 
The provisions of this agreement represent minimum standards applicable to all Norske Skog operations, and should be improved upon where possible. 
 
 
8. DURATION AND RENEGOTIATION 
This agreement is valid for a period of 2 years, after which it may be prolonged or renegotiated. 
 
 
Norway/Lysaker, 24 June 2002 
 
 
Norske Skogindustrier ASA 
Jan Rein&aring;s, President and CEO 
ICEM&nbsp; 
Fred Higgs, General Secretary 
 
Fellesforbundet&nbsp; 
Kjell Bj&oslash;rndalen, President

Text of the Global Agreement between ICEM and Norske Skog

In a major rebuff to the Australian government, the OECD has criticised its handling of a complaint on breaches of OECD guidelines by global minerals giant Rio Tinto. The Australian government will now have to deal with the complaint on its merits - and this could mean further trouble for the company. 
 
A senior intergovernmental committee of the OECD - the Committee on Investment and Multinational Enterprises - issued a ruling on 10 December in Paris that has now been released publicly. It deals with a formal complaint lodged by the Australian Council of Trade Unions (ACTU) in April 1998 regarding Rio Tinto's multiple breaches of the OECD Guidelines for Multinational Enterprises - a voluntary code with which the company claims it complies. The OECD Guidelines require that companies respect the rights of their employees to bargain collectively and promote collective bargaining. 
 
Rio Tinto has been embroiled in a series of major industrial disputes in Australia, essentially over its attempts to deunionise its operations there. 
 
The Australian government rejected the ACTU's complaint in February 1999, claiming that Rio Tinto compliance with Australian law was sufficient to comply with the Guidelines. It also argued that Rio Tinto was not really a multinational enterprise - even though it has over 60 operations in some 40 countries and all senior management in its London head office. The government refused to deal with the substance of the complaints. 
 
The ACTU therefore took the matter directly to the OECD, which has ruled the Australian government is wrong on both counts. 
 
John Maitland, National Secretary of Australian mining union the CFMEU, described the result as a victory for unions and a major international embarrassment to the Australian government. 
 
Maitland is also President of the 20-million-strong International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), to which the CFMEU is affiliated at the global level. Together with a broad alliance of campaigning organisations, the ICEM has been pressing Rio Tinto to improve its respect for the environment and for human rights worldwide, notably trade union rights and the rights of indigenous peoples. 
 
&quot;On the advice of Rio Tinto and [Australian industrial relations minister] Peter Reith, the Australian government thought it could escape its obligations to apply OECD standards for trade union rights through the spurious use of technicalities,&quot; Maitland said. &quot;Instead, the OECD effectively said 'no way'. The ACTU has cited independent findings of conduct that constitute multiple breaches of the OECD Guidelines by Rio Tinto and these must now be dealt with. 
 
&quot;The outstanding question now,&quot; Maitland insisted, &quot;is whether the coalition government is going to stick with their big business mates in flouting OECD standards. Or are they going to finally live up their responsibilities as a member government of the OECD?&quot; 
 
The OECD ruling creates further difficulties for Rio Tinto, coming on the heels of allegations in the United Kingdom over serious pollution at the company's former Capper Pass tin smelter, and litigation by environmental and indigenous groups in Canada over its Diavik diamond mine. 
 
An ICEM meeting of unions from Rio Tinto's operations worldwide will be hosted in Australia next February by the CFMEU.

OECD Rebuffs Australian Government Over Rio Tinto Case

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OECD Rebuffs Australian Government Over Rio Tinto Case

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