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Accord was reached in Belgium recently for 150,000 metalworkers of three unions, MWB-FGTB/ABVV-Metaal, ACV-CSC Metea, and CGSLB/ACLVB. The two-year collective agreements cover workers in metal manufacturing, including aeronautical, automotive, and metal construction, as well as in the iron and steel industry. 
 
The agreements did not come without discord, however. Contentious bargaining over early retirements, unemployment benefits, contract and temporary workers&rsquo; rights, and layoff notices led to issuance of a strike notice that was to take effect on 24 June. 
 
But wage terms were reached in late May between the unions and employers&rsquo; federation Agoria in metal manufacturing, and agreement came on 6 June between the unions and the iron and steel grouping GSU. The three union federations won extension of early retirement provisions, and also longer periods of notice before layoffs can take effect. 
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The issue of subcontracting and temp workers&rsquo; rights was put aside and will be addressed in a separate memorandum. Belgian unions are seeking equal pay for equal work for such workers. 
 
Effective on 1 January 2012, redundancy notices will be extended in iron and steel from seven to 28 days for workers with less than six months service, and from 35 to 42 days for workers with over six months but less than five years&rsquo; service. 
 
The indexation of wages from cross-industry negotiations early in 2011 with the Belgian government will take hold in metal sectors. Wage rises of 0.3% higher than inflation will go into effect on 1 July 2011 and 1 July 2012. In addition, an economic &ldquo;green&rdquo; bonus of &euro;250 will be awarded. This is intended for purchase of environmental friendly products or services. The contracts run until 30 June 2013.

Two-Year Metalworking Contracts Set in Place in Belgium

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ICEM&rsquo;s Colombian oil worker affiliate, USO last week condemned oil giant Ecopetrol, and also the Colombian government, for the exploitation of contract workers at the company&rsquo;s subsidiary Propilco S.A. 
 
USO were particularly angered to see reports of the Colombian government speaking about the importance of decent work at the International Labour Conference of the ILO, while in fact the opposite is true back in Colombia. The government of President Juan Manuel Santos is complicit in the criminalisation of trade unions in Colombia. 
 
On 7 June, outsourced workers operating at the Propilco installations joined a USO union meeting to brief regular workers of their challenging working conditions. In retaliation, immediately following the meeting, the contractor companies blocked their return to the worksite. 
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The contractor companies include ASECO-ASAP, Invertrans, and Gomez Mantilla. Propilco S.A. is a wholly-owned subsidiary of Ecopetrol, and therefore the Ecopetrol is fully responsible for the employees of the above-mentioned contractor firms operating at Propilco. 
 
Common violations of CAL worker rights at Propilco include the following: 
 
ASECO and ASAP retain the worker contracts, meaning workers have no proof of employment, or of their benefits and salary; 
CAL workers are not supplied with transportation to work, meaning it is often necessary to cycle to work, through dangerous industrial cargo routes; 
Loading workers are paid in relation to the weight of cargo they load, with extremely low wages; 
CAL workers do not have access to a canteen; 
Employers disregard their legal responsibility for employee breaks, training, maximum shift length, and holiday leave; 
Some workers have worked 20 years for the contractor, but still do not have adequate housing; 
Invertrans sacked five employees on 8 June, without legal process, causing fear throughout Propilco that involvement in union activities will result in dismissal. 
 
The ICEM joins USO in condemning these conditions for CAL workers.

Colombian Oil Workers Decry Conditions for CAL Workers

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The strike that began on 25 May by 11,000 contract workers at the El Teniente division of Codelco in Chile has dwindled to about 4,000 as many of the more than 20 employers doing sub-contract work for the state-run copper producer have settled with contract staff. 
 
Production of copper cathodes from El Teniente, the company&rsquo;s most profitable division, had dropped to 40% at the peak of the strike on 8-9 June following blockades that prevented buses carrying Codelco staff from reaching the mine. But by late last week, output grew to 75% or more as some sub-contractors awarded bonuses and increased travel allowances to contract workers to get them to return to work. 
 
Codelco also began ferrying regular staff to the mine-site in central Chile by helicopters after transport buses were stopped and turned back. 
 
The unions representing contract workers have been unsuccessful in getting either Codelco or Chile&rsquo;s government to engage them on working conditions at El Teniente. (See <a href="/en/78-ICEM-InBrief/4462-Contract-Workers-Strike-Codelco-at-El-Teniente-Mine-in-Chile">ICEM report</a> on the outbreak of the contractors&rsquo; strike here.)&nbsp;
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Mines and Energy Minister Laurence Golborne said he has been monitoring the strike, but ruled out any possible involvement by Codelco or the government because of &ldquo;acuerdo marco,&rdquo; or an agreement in 2007 stating that neither party has an obligation to address the grievances of contract workers. 
 
Regional politician Ricardo Rinc&oacute;n of Chile&rsquo;s Christian Democrat Party (DC) condemned the government&rsquo;s unwillingness to address the legitimate grievances of contract workers, stating that turning a deaf ear to workers does not speak well of Codelco management or of the government. 
 
Sub-contract employers have given their staff one-time bonuses of 700,000 pesos (US$1,500) to quit the strike, in addition to the increases in travel allowance. The strike has been marked by daily mobilizations and marches in the nearby city of Rancagua in Region VI, some violence and damage to buses, and arrests of about 80 contract workers. 
 
On 14 June, some 1,000 contract workers boarded 17 buses and travelled to Santiago to deliver petitions to the National Congress and several different ministries. Meanwhile, a day earlier in Rancagua, four women &ndash; mothers of striking contract workers &ndash; began a water-only hunger strike in the city&rsquo;s cathedral to protest the government&rsquo;s negligent lack of involvement in the dispute. 
 
Elsewhere, at Codelco&rsquo;s Chuquicamata mine, part of the company&rsquo;s El Norte division, some 1,000 regular staff, union members of branches of Federaci&oacute;n de Trabajadores del Cobre (FTC), marched on 15 June in preparation for a strike that could occur at any time. 
 
The FTC branches are manifesting over staffing requirements and possible job retrenchments as Codelco prepares Chuquicamata for conversion from an open-pit copper mine to an underground one. The FTC said protests will continue and possible strike action will occur unless management shows a willingness to engage in talks with workers over plans for the conversion. 
 
The US$2.2 billion conversion project means underground mining will start at Chuquicamata in 2018.

Chilean Contract Workers’ Strike at Codelco Lingers

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Negotiations resume today and tomorrow, 20-21 June, for 4,000 Australian coal miners employed by the BHP Billiton Mitsubishi Alliance (BMA), the world&rsquo;s top exporter of metallurgical coal. Union allies, led by the Construction, Forestry, Mining and Energy Union (CFMEU), conducted successful stop-work meetings last week that saw broad agreement among miners that they want job security and an end to work practices of Australia&rsquo;s bygone WorkChoices era. 
 
The union alliance, called the Single Bargaining Unit and consisting of CFMEU, the Australian Manufacturing Workers&rsquo; Union (AMWU) and the Communications, Electrical and Plumbing Union (CEPU), met yesterday to prepare for this week&rsquo;s pivotal talks. 
 
The six-hour and longer stop-work meetings, held across seven BMA mines of the Bowen Basin, Queensland, from 14-17 June, saw miners vent frustration at BMA intransigence that has stalled bargaining, and company arrogance inside those talks. The two sides have been bargaining since December 2010. See ICEM <a href="/en/78-ICEM-InBrief/4463-Aussie-Coal-Miners-Vote-92-to-Strike-BHP-Billiton-Mitsubishi-Alliance">InBrief No. 182</a> report on this enterprise bargaining dispute here.&nbsp;
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Stephen Smyth
Union members are &ldquo;sick and tired of the same rhetoric being spat out of the company&rsquo;s PR machine,&rdquo; said CFMEU District President Stephen Smyth to the Central Queensland News. Miners and export facility workers voted in May for lawful industrial action by better than 92%. They are vehemently opposed to BMA proposals on changes in work rosters and moves toward subcontracting that will cost jobs and equitable incomes. 
 
The stop-work meetings were attended by between 300 and 1,000 miners each in forums at BMA&rsquo;s Broadmeadow and Saraji mines on 14 June, Blackwater and Gregory Crinum mines on 15 June, Goonyella Riverside and Norwich Park mines on 17 June, and Goonyella and Peak Downs mines on 18 June. BMA is a 10-year-old joint venture between two of the world&rsquo;s industrial titans that produces 58 million tones annually of coking coal.

Stop-Work Meetings Raise Stakes in Queensland Coal Talks

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ICEM-affiliated Construction, Forestry, Mining and Energy Union (CFMEU) of Australia broke through a major barrier with Rio Tinto on enterprise bargaining when it used good-faith dialogue under the Fair Work Australia law to negate Rio Tinto&rsquo;s long-standing preference for individual work agreements. The breakthrough came in an &ldquo;in principle&rdquo; agreement achieved with the mining giant on 9 June that grants 400 iron ore train drivers and car examiners in West Australia collective bargaining rights. 
 
The agreement is precedent-setting and it is hoped that the Anglo-Australian mining house and metals producer follows similar Fair Work law practices in its other Australian businesses and with other Australian unions. The agreement allows the 400 essential staff who moves Australia&rsquo;s valuable iron ore resources to West Coast ports to vote on a collective agreement. 
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Gary Wood
&ldquo;This is a long overdue outcome that would never have been achieved under WorkChoices, and has only been achieved because of the Fair Work Act and the determination of the rank-and-file to stand united in support of their collective rights,&rdquo; said CFMEU West Australia Mining and Energy Secretary Gary Wood. 
 
The agreement came through 18 months of bargaining with Rio Tinto under procedures of two-year-old Fair Work Australia that left the company no alternative but to acquiesce and allow workers to vote on a collective agreement. It also ends an 18-year period of hostility by Rio Tinto to remain union-free and operate under individual work agreements at Rio&rsquo;s Hamersly, Pilbara Iron Ore, and other subsidiaries. 
 
The ICEM salutes the CFMEU for this historic accomplishment on behalf of Australian unions regarding Rio Tinto, and now calls on workers in West Australia to make the most of the achievement in order to speak with a collective voice in making life-enhancing gains for all.

CFMEU Wins Bargaining Rights for Rio Tinto’s Pilbara Train Drivers

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The National Union of Mineworkers, South Africa (NUM) are mobilising against an attempt by Brazilian mining multinational Vale to invest in the African copper belt. Vale&rsquo;s proposed purchase of Metorex Ltd was opposed by the NUM Central Committee, meeting 26-28 May, due to the anti-union history of the country, most notably in Canada. 
 
The NUM will now file a complaint to the Competition Commission, and engage the South African government to intervene against the US$1.1 billion purchase. Meterox is based in South Africa, but all its operations are in Zambia, and the DRC. Huge potential for copper extraction in the DRC is especially attracting Vale to the Meterox deal. 
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At the same time, Vale demonstrated its aggressive opposition to workers&rsquo; organising, in Colombia. On 3 June workers at the El Hatillo mine, in the Department of Cesar, Northern Colombia, organised with Sintramienerg&eacute;tica, and presented modest bargaining demands to management. 
 
Vale Coal Colombia responded to its employees exercising their right to organise and bargain collectively with persecution, threats, and outright refusal to bargain. Vale supervisors at the mine have threatened all workers with the sack if they do not renounce the union. Many El Hastillo employees are precariously employed through outsourced contractors, facilitating Vale&rsquo;s union busting at the mine. 
 
On June 12, El Hastillo superintendent Jairo Tamayo locked employee and union leader Mario Prado in his office and aggressively threatened him. This intimidation caused Mr. Prado a suspected heart attack, and he remains in hospital in a serious condition. 
 
The United Steelworkers last week launched an international campaign supporting Sintramienerg&eacute;tica in their struggle to organise at Vale. An international LabourStart campaign is launched today, calling on the Colombian government ensure the fundamental rights of workers at El Hatillo, and calling on Vale Colombia to halt its union busting efforts and negotiate with the union in good faith. 
 
Support the <a href="http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=1027">LabourStart campaign</a> here, and write to the Colombian President and CEO of Vale Colombia.

NUM, USW Take Gloves Off on Vale in South Africa, Colombia

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A tentative collective agreement was reached late in the evening on 19 June in New York City for 15,000 General Electric (GE) workers in the US. The proposed four-year accord came hours before a Sunday midnight expiration of a prior agreement for 11,000 of the 15,000 workers, represented by the United Electrical, Radio and Machine Workers of America (UE) and the International Union of Electronic Workers/ Communications Workers of America (IUE/CWA). 
 
Ten American unions have been bargaining with GE since 24 May as part of a joint union Coordinating Bargaining Council (CBC). The unions represent industrial workers who manufacture everything from jet airplane engines to locomotive train diesels to electrical appliances to small motors to lighting systems. Pension terms negotiated under the agreement will also apply to staff of NBC, the US television network owned by GE. 
 
Details of the proposed agreement will not be released until Thursday, 23 June, to allow the GE Conference Boards of the UE and IUE/CWA time to consider all provisions and make recommendations to their respective memberships. 
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UE President John Hovis
&ldquo;While the proposal contains important improvements and advances, it also contains certain disappointments,&rdquo; said President John Hovis of the UE, an ICEM affiliate. &ldquo;However, given the current economic climate overall, it&rsquo;s an agreement we can support.&rdquo; 
 
Breakthroughs came in bargaining on 18 June when GE negotiators increased its wage offer and withdrew unfair and additional payments on retirees for prescription drug coverage. Entering bargaining yesterday (19 June), the two sides were still grappling with issues related to a company Health Choice medical plan, a pension scheme for new hires, and regressive GE proposals to an early retirement option for workers. 
 
The CBC has representation from the UE, IUE/CWA, United Steelworkers (USW), International Association of Machinists &amp; Aerospace Workers (IAM), National Association of Broadcast Employees &amp; Technicians (NABET/CWA), the United Auto Workers (UAW), the International Federation of Professional and Technical Employees (IFPTE), the Electrical Workers (IBEW), Sheet Metal Workers Union (SMWIU), the United Association of Plumbing and Pipefitting Union (UA), and the Firemen &amp; Oilers division of the Service Employees Union (SEIU). 
 
The talks were national in scope for multiple local branch unions of the UE and IUE/CWA, while mostly single-site or single-unit bargaining was simultaneously occurring for the other unions although the entire CBC was at the large table in the New York talks. 
 
Messages of support (or congratulations) can still be given CBC negotiators by signing this IUE/CWA <a href="http://action.cwa-union.org/c/783/p/salsa/web/common/public/content?content_item_KEY=2601 ">Unity Petition</a>.

Tentative Pact Reached in US for 15,000 General Electric Workers

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A new update has been published by the ICEM of its PowerPoint presentation on &ldquo;Contract and Agency Labour and the ICEM CAL Campaign&rdquo;. This regularly updated presentation, which can be used by anyone, contains not only a considerable number of updated key statistics on Contract and Agency Labour and other forms of precarious work, including the ICEM&rsquo;s own statistics, but also a wide range of national and international &ldquo;best practice examples,&rdquo; highlighting, among other, what unions around the world have done successfully to counter the problem. 
 
The full-length English version of the <a href="/wp-content/migration/icem/11-05-19%20CAL%20ICEM%20PPT%20for%20website.2.ppt">presentation</a> can be found - and downloaded - here.

New ICEM CAL Facts and Figures Overview

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The Organisation for Economic Cooperation and Development (OECD) has adopted updated Guidelines for Multinational Companies. The new OECD Guidelines were adopted on 25 May at a signing ceremony led by US Secretary of State Hillary Clinton and attended by AFL-CIO and TUAC President Richard Trumka. 
 
The update contains a number of positive elements, including a chapter on Human Rights and the unequivocal application of the Guidelines to suppliers and other business relationships. The Trade Union Advisory Committee to the OECD (TUAC) statement on the update of the guidelines states: &ldquo;These elements significantly increase the relevance of the Guidelines and their potential to raise the standard of responsible business conduct in a global context. The success of the Update now depends on its prompt and full implementation both by adhering governments and by the OECD.&rdquo; 
 
The updated Guidelines have particular relevance to Contract and Agency Labour as the coverage extends to those &ldquo;in an employment relationship with the multinational enterprise.&rdquo; The commentary to Chapter Five on Employment and Industrial Relations clarifies that the terminology is consistent with that used in the ILO Multinational Enterprises&rsquo; Declaration and refers enterprises wishing to understand the scope of their responsibility under Chapter Five to the non-exhaustive list of employment relationship indicators set forth in ILO Recommendation 198 of 2006, paragraphs 13 (a) and (b). 
 
Paragraph 13 of R198 states that the indicators of the existence of an employment relationship might include: 
(a) the fact that the work: is carried out according to the instructions and under the control of another party; involves the integration of the worker in the organization of the enterprise; is performed solely or mainly for the benefit of another person; must be carried out personally by the worker; is carried out within specific working hours or at a workplace specified or agreed by the party requesting the work; is of a particular duration and has a certain continuity; requires the worker's availability; or involves the provision of tools, materials and machinery by the party requesting the work; 
 
(b) periodic payment of remuneration to the worker; the fact that such remuneration constitutes the worker's sole or principal source of income; provision of payment in kind, such as food, lodging or transport; recognition of entitlements such as weekly rest and annual holidays; payment by the party requesting the work for travel undertaken by the worker in order to carry out the work; or absence of financial risk for the worker. 
 
The <a href="http://www.oecd.org/dataoecd/43/29/48004323.pdf">OECD MNE Guidelines</a> are available here. 
 
The <a href="/wp-content/migration/icem/TUAC%20Statement%20on%20Revised%20OECD%20Guidelines.pdf">TUAC Statement</a> on the updated Guidelines is available here (PDF)

OECD Guidelines Positively Updated

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A plan of action to combat outsourcing in Latin America was agreed at the regional Contract and Agency Labour (CAL) seminar held in Mar del Plata, Argentina, 6-7 April. The seminar, organised by ICEM CAL Project Latin American Coordinators Rosane Sasse and Elias Soares-Pintado, was attended by 28 union leaders from Argentina, Ecuador, Brazil, Uruguay, Colombia, and Chile. 
 
The event began with participants presenting on the status of outsourcing in their own country. Colleagues from Ecuador shared the findings of research into the impact of legislation introduced by President Rafael Correa to ban the use of outsourcing. A number of participants mentioned how legislation in their countries is being abused and many expressed concern at the gap between law and practice. It was agreed that outsourcing has a detrimental impact in all countries, and that coordinated action is needed to stop its use. 
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Elias Soares-Pintado, Rosane Sasse
On 28 July, it was decided, all participating unions will launch an ongoing campaign against outsourcing in Colombia, Latin America, and the Caribbean. To coincide with this, participants will organise activities to raise workers&rsquo; awareness of the issues. 
 
A CAL network was established during the seminar, with each country nominating at least one representative. Representatives will exchange information about challenges and successes. 
 
A detailed plan of action against CAL was agreed, which includes: 
 
- The ICEM will approach Ministries of Labour in particular countries calling for recognition of CAL problems, for respect for trade unions and for concrete actions to be taken against CAL. 
 
- All unions, federations, and confederations should communicate the problems associated with outsourcing and begin a debate on CAL with their governments. 
 
- The ICEM will prepare documents on CAL for the Summit of the President of Latin American countries and the Andean Parliament. 
 
- When a new business is established, unions will immediately start a debate on how production is set out and whether CAL or permanent workers will be employed. 
 
CAL Americas network &ndash; list of representatives 
 
The list of representatives for the CAL Latin America Network includes: German Paplecino, SUTNA, and Marcelo Sotosca, STI Black River Gas, Argentina; Ricardo Rodrigues Vera, Fenatrapech, Chile; Moises Ochoa Berrocal, FENUPETROL, Peru; Walter Silva, CUOPYC, Uruguay; Marcelo Solozano, Link, Ecuador; Rodrigues Manuel Acevedo, SITRAPEQUIA, Costa Rica; Carlos Bustos Pati&ntilde;o, ICEM Project Coordinator, Colombia; and Elias Soares-Pintado, ICEM Project Coordinator, Brazil.

Latin America Seminar Agrees Regional Action Plan and Launches CAL network

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