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Following agreement in the Netherlands in the light metal and electric-technical sector last month, Dutch unions and the employers&rsquo; grouping Metalektro reached terms on 19 April in the heavy metal sector. The new accord runs for 26 months and covers 150,000 metalworkers employed by some 1,300 companies, including DAF Trucks, Scania, ASML, and NedCar. 
 
The agreement is similar to the <a href="/en/78-ICEM-InBrief/4364-Dutch-Unions-Agree-to-�Trendsetting-Terms-in-Light-Metals-Electric-Sector">earlier metalworkers agreement</a> covering 330,000 workers on wages, training and education, and restrictions on labour agencies. While the light metal contract pays 4.45% in four steps over the next 18 months, the heavy metal one pays out 4.25% but 4.75% in total, taking into account bonuses the employers&rsquo; association agree to pay for reorganisation of the pension scheme effective 1 January 2012. 
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Metalektro is bargaining with FNV Bondgenoten, CNV Vakmensen, and De Unie in the Dutch metalworking sectors. There is one major bargain remaining and that is in automotive, where 90,000 workers will have a contract expire on 1 June. 
 
The settlement in heavy metal recognised the shortage of skilled staff due to early retirements and redundancies and in turn made the sector more attractive for young workers. The agreement removes minimum levels of wage rates, allowing workers age 22 or over to progress into higher-paid jobs. The new accord also grants excellent industry-paid training and education opportunities. These areas are key and stand at the heart of this agreement. 
 
Of further importance, and similar to the one in light metal, the agreement has strong language on the use of short-term contract workers provided by agencies. The contract reads that work can only be outsourced to labour-hire firms that have collective agreements with the unions, mainly ones associated with Stichting Normering Arbeid (SNA). 
 
FNV Bondgenoten said the agreements so far indicate that the metal sector in the Netherlands is poised to lead Dutch economic recovery.

Employers, Dutch Unions Reach Terms in ‘Heavy Metal’ Sector

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The European Mine, Chemical and Energy Workers&rsquo; Federation (EMCEF) elected new leadership at an extraordinary General Assembly, held 3 May in Luxembourg. Some 90 delegates unanimously voted for Michael Vassiliadis, President of German trade union IG BCE, as President of EMCEF, while former ICEM officer Michael Wolters was named Acting General Secretary. 
 
They replace EMCEF President Hubertus Schmoldt, who retired from IGBCE in 2009, and General Secretary Reinhard Reibsch, who now retires. The assembly welcomed General Secretary Peter Scherer of the European Metalworkers&rsquo; Federation (EMF) and President Valeria Fedeli and General Secretary Patrick Itschert of the European Textile, Garment, and Leather Workers&rsquo; Federation. These two European federations together with EMCEF are expected to integrate in 2012, creating a single industrial trade union federation for Europe. 
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New EMCEF President, Michael Vassiliadis
General Secretary Bernadette Segol of UNI-Europa also addressed the assembly. She is likely to be elected General Secretary of the European Trade Union Confederation (ETUC) when the ETUC holds its Congress next week in Athens. 
 
Founded in 1996 in Luxembourg, EMCEF represents some two million members in 38 European countries. Delegates on 3 May discussed the Secretariat's report on activities and finances, and then went into a detailed report on the future of European trade union activities, including the role of a new industrial union federation in Europe. 
 
The General Assembly also gave approval to three resolutions: affirming the fight against contract labour and precarious forms of work, affirmation to create a new European industry trade union federation; and giving support to Romanian affiliates fighting against extreme austerity measures there. 
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Schmoldt, Vassiliadis, Wolters, Reibsch
Vassiliadis, in his first speech as head of EMCEF, underlined the importance integration: &ldquo;We need combined forces to respond to major social, political, economic, and environmental challenges.&rdquo; He also praised Schmoldt, who he said transformed EMCEF from a loose association of trade unions to an influential trade union federation. 
 
Elected President of IGBCE in October 2009, Vassiliadis has been on IGBCE&rsquo;s six-member Governing Board since 2004, and has directed areas of works councils, shop steward development, trade union education, and youth activities for the German union. Originally from a Bayer plant near his home in Essen, he sits now on the supervisory boards of chemical companies BASF and Henkel, as well as serving as deputy chairman of the potash producer Kali and Salz and Evonik Steag. 
 
Wolters hails from Hamburg&rsquo;s chemical sector. He began with IG Chemie in 1990, did youth work for the union in eastern Germany then and in 2001 became the director of the union&rsquo;s Dresden office. He worked at the ICEM from 2005 until 2007 and since has been working in IGBCE&rsquo;s International Department in Hannover. 
 
ICEM was represented at the EMCEF General Assembly by Chemical and Rubber Industries Officer Kemal &Ouml;zkan.

New Leadership Comes in at EMCEF

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The United Steelworkers (USW) submitted shareholder resolutions demanding boards of directors at four US oil companies take safety seriously. The resolutions were aimed at general meetings of Marathon Oil (27 April), Valero Energy (28 April), Tesoro Corp. (4 May), and it will appear before ConocoPhillips shareholders this week, 11 May, in Houston. 
 
The USW also filed a safety transparency resolution with Sunoco, but it was withdrawn when the Philadelphia-based company agreed to comply with the contents of the resolution. The resolutions call on the companies to prepare a report of the &ldquo;steps the company has taken to reduce the risk of accidents&rdquo; within 90 days of the shareholders&rsquo; meeting. 
 
The resolution, meant to achieve greater safety at oil refineries and other company operations, calls on the board of directors of each company to disclose the board&rsquo;s oversight on process safety management, staffing levels, and also the inspection and maintenance of refineries and other equipment. The American national labour center, AFL-CIO, and its asset fund assisted with the shareholder propositions. 
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Gary Beevers
USW Vice President Gary Beevers voiced the significance in taking safety to the board rooms: &ldquo;If these companies had to tell their shareholders and the public how they were staffing their refineries, how much overtime people were working, and how long units were going without basic inspection and maintenance, we know they&rsquo;d try harder to fix the problems.&rdquo; 
 
The USW cited two months of last year &ndash; April and May 2010 &ndash; as being particularly deadly and dangerous times that should have awaken the US oil and petrochemical industries to poor safety practices. There were 13 fires, 19 deaths, and 25 serious injuries in those two months, including a 2 April 2010 explosion at Tesoro&rsquo;s 130,000-barrel-per-day refinery in Anacortes, Washington, that killed seven USW Local 12-591 activists. 
 
Tesoro workplace leaders, including Mark Laurence from Anacortes, spoke on behalf of the safety resolution at the company&rsquo;s 4 May AGM in San Antonio, Texas. Last year&rsquo;s Tesora tragedy was caused by a heat exchanger that blew apart because of cracks in a welded area. 
 
The Washington State Department of Labour &amp; Industry determined that Tesoro had failed in its duty to correctly test equipment for cracks. The state agency imposed a fine of US$2.39 million, but Tesoro is currently appealing the fine.

USW Makes Safety Oversight a Corporate Issue on US Oil Industry

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An illegal coal mine in Mexico&rsquo;s Coahuila state that was operating for only 20 days exploded on 3 May, killing 14 miners. The tragic methane gas blast occurred a short distance from the Pasta de Conchos colliery, where 65 miners employed by Grupo Mexico perished in a similar underground gas explosion in February 2006. 
 
Beneficios Internacionales del Norte SA (Bansa) was listed as the company operating the mine near Sabinas in the rich Coahuila coal belt of northern Mexico. Immediately after the powerful explosion that saw three of the dead blown completely out of the 60-metre-deep tunnel, officials could not determine the owner because of conflicting data in local registry citings. 
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It was days after the blast that Bansa was determined to be the operator of the 340-acre mine site through a concession from local authorities. A local official defended that concession, telling press that when the federal government awards a concession, generated income goes to coffers in Mexico City, with nothing allocated for the community. 
 
The colliery employed 25 non-union miners and had no certification or registry regarding safety. The Mexican federal government closed the mine and is now involved in body recovery and investigation. 
 
The underground explosion rocked the surface so strongly that a 15-year-old minor who was picking coal off an external conveyer belt had to have both arms amputated and is in serious condition in a hospital. 
 
The 3 May tragedy in northern Mexico stands as yet another example of safety risks and dangers by unregistered and unreliable mining installations when demand and pricing of a mineral is at a premium.

Mine Blast Near Pasta de Conchos Kills 14 in Mexico

The Pulp and Paper sector of the International Federation of Chemical, Energy, Mine, and General Workers&rsquo; Union (ICEM) elected Jan-Henrik Sandberg, President of Sweden&rsquo;s Paperworkers Union (Pappers), as chairman of the global sector. Sandberg replaces Jouko Ahonen, President of Paperiliitto of Finland, who will become the head officer for the Council of Finnish Industrial Unions (TP) on 1 June. 
 
Sandberg&rsquo;s nomination came from a work group meeting of Geneva-based ICEM&rsquo;s Pulp and Paper sector on 23 May, and the election came on 25 May by the ICEM Executive Committee. 
 
Sandberg, 52, has been President of 18,000-member Pappers since 2006. Prior to that, he worked for 17 years as a recovery boiler operator in the pulp mill of Korsn&auml;s AB in G&auml;vle, Sweden. He served as Pappers local branch chairman at Korsn&auml;s in G&auml;vle from 2001 to 2006 and previously served as education director of the branch union. 
 
Ahonen had served as President of Paperiliitto since 2003. In his new duties with TP, he will oversee collective bargaining and industrial policy for 14 Finnish trade unions. 
 
Both Ahonen and Sandberg steered their respective trade unions through pivotal and successful labour disputes in their countries, Ahonen in a 2005 industry-wide lockout in Finland and Sandberg in a 2010 strike by paperworkers across industry in Sweden. 
 
The ICEM Pulp and Paper sector serves as the global coordinating and support-giving body for 90 trade unions across the world in the pulp, paper, and packaging industries. The ICEM is a global trade union federation representing 20 million workers in 132 countries. 
 
For further information: Dick Blin, ICEM Pulp and Paper Officer, <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a>, +41 22 304 1842.

ICEM Pulp and Paper Sector Elects New Global Chairman

Special Newsletter: Developments in the Global Contract and Agency Labour Project

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Following an international solidarity campaign, Nike has agreed to pay US$1.5 million to a relief fund for the former employees of two of its Honduran suppliers, Hugger de Honduras and Vision Tex, which closed plants in the Central American country without notice and without paying workers any of the legally-mandated severance payments due them. 
 
Both factories closed in mid-January 2009, without severance payments to approximately 1,800 workers and estimated to total some US$2 million. In addition, Visions Tex failed to pay monies it had committed to paying in December 2008 following a strike, which included the legal entitlement to an annual bonus. The closure occurred just after the formation of a union at the factory. 
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The union representing the workers, the Central General de Trabajadores de Honduras (CGT), the Worker Rights Consortium and the Solidarity Center of the US will jointly oversee the administration of the fund. According to a joint press release by Nike and the CGT, workers will also receive a year&rsquo;s access to the health care system, training, and priority hiring. 
 
This groundbreaking agreement represents a significant step forward in the corporate social responsibility debate, with a major multinational company recognising that it must ensure decent working conditions, and the application of national legislation and international labour standards, for all those from whose labour it profits.

Nike Takes Responsibility for Employer’s Anti-Social Actions

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In February 2005, Mr. Choi, a worker at a subcontracting company of the Ulsan factory of the Hyundai Motors in South Korea, was dismissed for carrying out trade union activities. Mr. Choi had been employed by the subcontractor and stationed at the Ulsan factory since March 2002. 
 
When he was dismissed Mr. Choi, filed an application for remedy to the Labour Relations Commission (LRC) in an administrative lawsuit, claiming that it was an unfair dismissal and that Hyundai Motors, not the subcontracting company, was his real employer. 
 
On 22 July 2010, the Korean Supreme Court ruled that Mr. Choi was an illegal dispatch worker and determined that he, in fact, became a direct employee of Hyundai the day after working two consecutive years. 
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The High Court wrote, &ldquo;Mr. Choi was under the direct human resource (HR) management by the Hyundai Motors after being employed by one of its subcontracting companies. So, it will be assumed that he was a dispatch worker to the Hyundai Motors. Under the Act on the Protection of Dispatch Workers, etc. (Dispatch Worker Act), he should be regarded as a worker employed by the Hyundai Motors from the day after he has worked more than two consecutive years.&rdquo; 
 
Welcoming the groundbreaking ruling, the Korean Metal Workers&rsquo; Federation declared, &ldquo;The ruling puts a brake on discrimination and extortion by employers for non-regular workers. We will request all the employers hiring in-house subcontracted workers including the Hyundai Motors a special round of collective bargaining and also proceed with a series of class action lawsuits gathering dismissed workers, retirees, etc.&rdquo; 
 
The International Metalworkers Federation (IMF) covered this story on 29 July and it can be found <a href="http://www.imfmetal.org/index.cfm?id=622&amp;l=2&amp;cid=23679">here</a>.

Groundbreaking Korean High Court Rule Contract Worker is Worker of Primary Company

Bayo is the General Secretary of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN).
How Prevalent is Contract and Agency Labour and Casualisation in Nigeria? 
 
CAL is increasing and alarmingly taking over Nigeria&rsquo;s Oil and Gas industries. It encompasses various dimensions of precarious work and the worst forms of employment. CAL gives room for unfair labour practices that are repugnant to decent work principles. About 60% of our workforce is now composed of contract and agency workers. Standard, permanent employment is declining. 
 
Is the Issue of Casualisation and Temporary Work Practices a Bigger Problem than it was Before? 
 
The issue is a bigger problem in the Nigeria Oil and Gas Sector now than it was before due to the fact that employers and the government&rsquo;s standpoint is that CAL is now a reality that cannot be wished away. This leaves trade unions with no other option than to tackle the adverse effects of CAL, which are: 
 
&bull; Use of this work practice to replace direct and permanent employment; 
&bull; To adversely change employment forms and conditions, to avoid social responsibilities and obligations which employers circumvent through gaps and inadequacies in our extant laws; 
&bull; To weaken trade union membership, solidarity and relevance, and to prevent union organising and recognition of the collective bargaining principle; 
&bull; It widens the exploitation gaps particularly by user enterprises who prefer to minimise cost and increase profit, at the expense and detriment of labour; 
&bull; It increases workplace discrimination and inequitable terms and conditions of employment; 
&bull; It seriously challenges trade union ability to protect job security; 
&bull; There are conflicts in the definition of employment relationships and the obligations of user enterprises, particularly where laws and employment regulatory agencies do not clarify these issues; 
&bull; And an underlying factor, casualisation and temporary work is a growing phenomenon due to the unemployment situation. Employers are exploiting workers&rsquo; desperation for a means of subsistence for their own profit mongering. 
 
 
What are Differences in Nigeria Regarding Working Conditions Between CAL Workers and Permanent Workers? 
 
Number one, casual and temporary workers are subjected to conditions that are not in accord with the general work conditions in the Oil and Gas Sector. Where CAL workers are lucky and are allowed to organise and bargain collectively, the mandate for negotiation of a collective bargaining agreement is seriously curtailed by the contracts between the contractors and agencies on the one side and by the primary enterprise on the other side. 
 
In addition, these workers are subject to limited or no provisions for basic welfare, pensions and social security, health, safety, security and environmental protection, and other stipulated core ILO conventions. And to cite just one small example, Global Framework Agreements that are signed with Global Union Federations, where functional, are not usually made available and applicable to contract and agency workers. 
 
Any set of negotiations in Nigeria that involves a collective agreement for these workers is prone to grievances, disputes, threats, resistance, and action from labour unions, contractors and agencies, and user enterprises. 
 
What are the Main Ways in which Trade Unions are Supporting Casual and Contract and Agency Labour Workers? 
 
It has become a priority to use union resources and machineries to mobilise support and confront the overall denial that contract and agency workers&rsquo; rights have not right to organise and bargain collectively. We are doing this through increases levels of sensitisation through mobilisations, campaigns, solidarity actions, protests, rallies, pickets, strikes, media work, mediation, conciliation, arbitration, and litigation. 
 
We now have the task of entrenching the more effective and protective organising and collective bargaining strategies for contract and agency workers, with financial and organisation support from our union&rsquo;s Union Solidarity Reserve fund, from organisations like the ICEM, Friedrich-Ebert Foundation of Germany, and the US Solidarity Center. 
 
We are constantly implementing union resolutions, directives, and decisions in the area of campaigns, lobbying, engagements, and advocacy for contract and agency workers&rsquo; issues. 
 
Which Ways Do You Feel the ICEM&rsquo;s Global Campaign on CAL can be Helpful and Most Effective in Confronting the Challenges of CAL in Nigeria&rsquo;s Oil and Gas Sector? 
 
The Global CAL Campaign of the ICEM must use donors&rsquo; resources and mechanisms to mobilise support and confront resistance to full rights of contract and agency workers to organise and bargain collectively. The ICEM must increase awareness of the CAL situation, by all possible means, and it must effectively implement the Campaign through communication, engagement and evaluation, and correcting deviations/gaps in the global campaign strategies. 
PENGASSAN&rsquo;s best hope is that the ICEM will carry out advocacy and lobbying for fair labour policies and laws which are favourable to contract and agency workers, as to campaign for best practices in dealing with employment and working conditions issues relating to this most serious issue.

Interview: Bayo Olowoshile, PENGASSAN General Secretary

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Last Spring, trade unions of the Netherlands and the Dutch Association of Temporary Work Agencies, Algemene Bond Uitzendondernemingen (ABU), agreed to an across-the-board 1% wage increase for all temporary workers in the country. 
 
An increase of 0.5% took effect on 5 July and a further 0.5% increase will be awarded on 3 January 2011. The 1% wage increase granted to the employees was based on the average of increases taken from a selection of 30 collective agreements in other sectors. 
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Marcel Nuyten, Director Temp Workers, FNV Bondgenoten
The agreement was reached between the ABU, the ICEM-affiliated FNV Bondgenoten and CNV Dienstenbond, the executives&rsquo; union, and LBV, an independent union. An agreement was also reached whereby wages may be increased every year on 1 July, amending the Collective Employment Agreement for Temporary Employees 2009 &ndash; 2014. 
 
The Collective Employment Agreement, which can be found <a href="http://www.abu.nl/abu2/?fileid=14231">here</a>, stipulates conditions which must apply to temporary agency workers, including the relationships between the worker, agency, and user enterprise; training entitlement; and the conditions under which temporary employment contracts may be terminated.

Dutch Unions Get Wage Increase with Employers’ Federation for Agency Workers

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