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<img src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39" alt=""/>
With the United Steelworkers (USW) currently voting local-by-local on adoption of a US National Oil Bargaining Policy, one thing is certain when talks with oil refiners get underway early in 2012: union-initiated process safety improvements will lead the agenda. 
 
Some 300 local USW leaders convened in Dallas, Texas, in late September and adopted a bargaining policy. That policy is now up for ratification by USW branch unions representing oil workers and once 75% of local unions agree, the agenda will be tabled when bargaining begins early in 2012. A current three-year labour agreement between USW and a majority of US downstream oil and petrochemical employers expires 1 February 2012. 
<img alt="" src="/sites/default/files/migration/icem/0811GaryBeeversUSW.jpg" width="110" height="159"/>
Gary Beevers
USW Vice President Gary Beevers, who heads the sector, said achieving process safety will be the main issue in this round of talks. “We must have meaningful and enforceable safety provisions if we are going to save lives, and we are prepared to strike, if necessary, to get that,” said Beevers, an ICEM Executive Committee member. 
 
Process safety refers to a safe and functioning engineering and management controls system that prevents explosions, fires, and toxic releases caused by the highly hazardous chemicals used in refining. USW will strive to get a union-trained safety specialist in each of the 69 refineries where it represents workers as part of that process safety system. 
 
The USW reports that during the term of the current labour agreement, up through early September 2011, there were 131 reported fires in US refineries, about one per week. The USW lost seven union members, including some who were Local 12-591 leaders, in the deadly 2 April 2010 explosion at Tesoro Corp.’s Anacortes, Washington, refinery. 
 
The Tesoro explosion was caused by a heat exchanger in a naphtha unit that blew apart due to cracks in a welded area, an obvious flaw in process safety. The Washington State Department of Labour and Industry determined that the Texas-based company failed to test equipment for cracks and fined Tesoro US$2.39 million, a fine the company appealed. 
 
The USW represents 30,000 workers at a total of 168 production, refining, marketing, transportation, and pipeline installations, and its membership in the US’s 69 oil and petrochemical refineries gives it representation covering 64% of all workers in the US downstream sector. 
 
Oil bargaining in the US is termed pattern bargaining in which USW selects a lead company to negotiate with and then those terms are presented and expected to be accepted by other companies. Traditionally, the USW and its predecessor unions have selected Royal Dutch Shell as the lead company.

Safety Central Issue in Upcoming US Downstream Oil Talks

<img src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39" alt=""/>
Following the disaster at the BP-operated Deepwater Horizon oil well in the Gulf of Mexico the ICEM-affiliated trade union in Norway, Industri Energi (IE), appointed a reference task force to: 
<ul>
 <li>
 <div align="justify">Review reports and data on the accident </div>
 </li>
 <li>
 <div align="justify">Draw lessons and how to implement these lessons in their Health and Safety work both nationally and internationally </div>
 </li>
 <li>
 <div align="justify">Evaluate the consequences of the accident for the offshore business in Norway and elsewhere around the world </div>
 </li>
 <li>
 <div align="justify">Advise the trade union’s decision-making body concerning the accident and the consequences of it. </div>
 </li>
</ul>
<img src="/sites/default/files/migration/icem/NorwayIE.jpg" width="90" height="121" alt=""/>
The taskforce had its first meeting on 16 February 2011 to discuss the mandate and working methods as well to review the material at hand. Since then they have conducted 6 meetings and submitted their report at the beginning of September 2011. 
 
The <a href="/sites/default/files/migration/icem/1110.IE%20deepwater%20Eng_Rapport_Deepwater_s.pdf" type="internal">report</a>, dedicated to the “11 offshore workers who lost their lives on the altar of greed” is now available in English here.  
 
It has been produced by a team from the union who have examined in detail the relevant official reports available on the disaster and made comparisons with the legislative and industrial situation on the Norwegian Continental Shelf. As can be seen from the report the authors have a depth of knowledge and experience of the offshore oil industry which makes their conclusions particularly important. The report also highlights the lack of trade union membership and representation as a significant factor in the series of events which led to the disaster. 
 
If you have any questions on the report please contact <a href="mailto:lars.a.myhre@industrienergi.no">Lars Myhre</a>, ICEM Energy Industries Section Chairperson.

Industri Energi Publishes Report into Deepwater Horizon Oil Spill Disaster

<img alt="" src="/sites/default/files/migration/icem/InBriefAlert.jpg" width="120" height="59"/>
Broad strike activity accelerated a positive wage agreement in the Austrian metal sector. In the early morning hours today, 18 October, Austrian trade unions PRO-GE and GPA djp, the Salaried Employees, Print, Journalism, Paper Union, emerged from bargaining on behalf on 170,000 metal and industrial workers with positive results. 
The 2011 pay awards will range from 4.2% to 4.4%, with the minimum wage in the sector increasing by €80-per-month, or a sizeable 5.3%. The ICEM commends these wage gains as a sterling European example in creating consumer power to offset the dire financial climate of the Eurozone. PRO-GE and GPA djp are to be congratulated for negotiating €300 million into the Austrian economy in this single set of talks. 
<img src="/sites/default/files/migration/icem/1110.austria pro ge.jpg" width="180" height="120" alt=""/>
This was made possible by strategic and early strikes last week that moved third-round bargaining up to yesterday, and forced the employers’ hand in raising their wage offers to above 4%. (See <a href="/en/5-Mining-DGOJP/4719-Wage-Shame-Drives-Austrian-Metalworkers-into-Warning-Strikes" type="internal">ICEM report</a> on Austrian coordinated strikes last week here.) 
“We have met our main demands of sustainable wage and salary increases, particularly for the lowest paid workers,” said Rainer Wimmer, PRO-GE’s chief negotiator. “I thank the stewards, members, and supporters who made this deal possible. Without the 800 workplace actions and the pressure generated by the strikes, this would not have been possible.” 
Those strikes happened last Thursday and Friday, and were about to carry into Monday, 17 October, except that employers recognised the growing momentum among workers for fair wage gains and they reached settlement on union terms. That recognition came in hastily called exploratory talks held on Sunday, 16 October, that included ÖGB national labour centre President Erich Foglar and the leader of the chief employers’ association, the Austrian Federal Economic Chamber (WKÖ). 
<img alt="" src="/sites/default/files/migration/icem/1110.pro%20ge%20reiner.jpg" width="105" height="160"/>
Rainer Wimmer
Third-round bargaining was moved up from 20 October to yesterday to avoid further work stoppages, and the two sides reached accord early today after a 14-hour bargaining session. 
The agreement grants a 1 November pay rise of 4.4% to bottom rung workers, 4.3 to mid-level, 4.2% to senior staff, and 4% to top level people. In addition, pay for apprentices increases by 4.3% and all benefit indemnifications increase by the same amount. 
Perhaps the crowning achievement was hiking the minimum wage by 5.3%, or up to €1,584-per-month. The wage agreement positively affects the buying power for 25,000 autoworkers, 16,000 who work in basic steel and iron, 5,000 in non-ferrous metals, 5,000 in utility work, and tens of thousands more in machinery, metal goods, and other industrial production. 
Austria’s metal sector agreement now sets a template for 450,000 retail sector workers. Unions representing those workers and retail employers begin talks on 19 October.

Austria Metalworkers Negotiate Exemplary 2011 Wage Terms

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39"/>
Efforts to resolve the six-week Indonesian mine strike by FSP-KEP (SPSI), the Chemical, Energy and Mine Workers’ Union (CEMWU) against Freeport-McMoRan continue today on the local level, but agreement is not likely. Meanwhile, 10,000 strikers continue to block the lone access road to the world’s largest gold mine and third largest copper mine – Grasberg, operated by PT Freeport Indonesia. 
 
The company suspended all production one week ago due to the supply road being blocked and a ruptured pipeline that carries copper concentrate from the mine, 4,000 metres high in the Sudirman Range, to the port city of Timika. Production resumed on 19 October, but union sources say it has not exceeded 30%. 
 
On 21 October, dialogue did occur between the SPSI/PT Freeport union, 5 company officials, and the Tinal family, which administers the local Mimika regency, but Grasberg miners of Papua province, New Guinea Island, are no closer to a 2011-12 wage agreement than they were three weeks ago. 
<img alt="" src="/sites/default/files/migration/icem/1110.indo ambulance.JPG" width="289" height="160"/>
Family of Petrus Ayamiseba after 10 October Killing
Talks, however, took place today at the Rimba Hotel in Timika, some 200 kilometres from the rich Grasberg gold and copper deposits. 
 
Next week the ICEM will dispatch a team to Indonesia to meet with striking SPSI members of the CEMWU and officials involved in the strike. That team will consist of mineworkers’ leaders from Australia, Africa, and Europe. 
 
Two weeks ago, on 10 October, one union member was shot and killed and another died five days later after a group of miners tried to enter a transit terminal in Gorong-Gorong at Milepost 28 to board a bus to assist the blockade. Local police shot indiscriminately into their backs as they entered the bus depot. 
 
Killed instantly was Petrus Ayamiseba, while Leo Wandagau died in his home in Timika on 15 October from a wound to his back caused by a rubber bullet. Eight other strikers were wounded. A three-member committee from Indonesia’s Human Rights Committee was sent to the area last week to investigate. 
 
There have been two other instances in which gunfire killed at least six people, but the ICEM has been unable to discern if these shootings are related to the strike. A 13-member delegation of Indonesian parliamentarians also visited Timika on 20 October in search of answers to resolve the strike. 
<img alt="" src="/sites/default/files/migration/icem/1110.indo shooting.JPG" width="213" height="160"/>
Leo Wandagau on 10 October; he died 15 October
The ICEM is convinced that a resolve will not happen until US-based Freeport-McMoRan instructs its Grasberg managers to lift its pay proposal for 2011 and 2012. Management’s most recent offer – three weeks ago – would grant a 15% pay hike in 2011 and 10% in 2012. The company also wants the union to acknowledge that the strike is illegal and issue a formal apology to the company. 
 
FSP-KEP (SPSI) of CEMWU has lowered its demands to an average of US$7.50-an-hour. PT Freeport Indonesia has split unionised miners into non-staff and staff, with non-staff numbering 8,512 and staff 2,574. Non-staff now average earnings of US$2.13-an-hour and US$368 monthly, while staff has average wages of US$3.54-per-hour and US$613 monthly. 
 
The union is also seeking a better savings plan programme than what PT Freeport Indonesia has on the table. In addition, workers are seeking payment of their wages during the strike, which started on 15 September, payment which management made during an eight-day warning strike in July. They also seek the return of all workers to their jobs. Hundreds of miners have been either terminated or “relieved from duty” since the mid-September strike started. 
 
The ICEM will continue to support FSP-KEP (SPSI) at PT Freeport in its quest for wage justice, dignity, and a proud return to their jobs in the remote highlands of Papua province.

Indonesian Freeport-McMoRan Mine Strike Continues, Two Unionists Shot Dead

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39"/>
Union members of CGT-Filpac and CFE-CGC boarded five buses early today and headed to Paris from Alizay in northern France to continue their struggle to keep an M-real paper mill operating. In Paris, paperworkers from Alizay in the Haute-Normandie region will protest at the Ministry of Agriculture where final mediation begins between French authorities, the Finnish papermaker, and two potential buyers. 
 
Some 330 workers began a strike and blockade of the Alizay paper mill on 19 October, the day M-real announced closure of the uncoated printing papers mill. M-real, 40% controlled by the Finnish forestry company Metsäliitto, terminated discussions with Thailand-based Advance Agro Ltd., known as Double A Paper, and the Paris-based investment capital company Fin’active SAS due to buy the 48-year-old paper mill. 
<img alt="" src="/sites/default/files/migration/icem/1110.thierry%20philippot%20cgt%20paper.jpg" width="242" height="161"/>
Thierry Philippot
On 20 October, many paperworkers left the front gate of the mill and took to the A13 motorway between Normandie and Paris and gave passing motorists a “toll-free” handbill describing their plight. 
 
M-real announced on 4 May 2011 that it intended to sell printing paper mills in Alizay and Gohrsmühle, Germany, as part of a major restructuring plan to exit the fine paper industry and focus on paperboard used for packaging. 
 
“We have prepared for the possibility of closure, but we are not yet ready to accept it,” said CGT-Filpac plant representative Thierry Philippot. 
<img alt="" src="/sites/default/files/migration/icem/1110.france pulp paper protest.jpg" width="297" height="159"/>
Paperworkers Block M-Real’s Alizay Mill
Philippot, along with fellow CGT representative Jean-Yves Lemahieu and CFE-CGC representative Eric Hogger, traveled to Helsinki on 30 September to meet with M-real CEO Mikko Helander in hopes that a deal could be consummated. 
 
M-real had put two conditions on a sale: maintain the current employment for 24 months, and pour all sales from the 310,000-tonne-per-year mill back into the operation. Although both Advance Agro and Fin’active appeared to accept those terms, the deal with favoured Advance Agro broke down when the Thai company demanded other conditions. 
 
The mediation today is with Advance Agro, a company that operates two pulp mills and three paper factories in its home country. Mediation with Fin’active, an investment firm specializing in distressed assets, will be held later this week. The talks will be headed by French Agriculture Minister Bruno Le Maire, a UPM party member and member of France‘s Parliament from the Eure department, where the Alizay mill is located.

French Paperworkers Continue Protest Today to Keep M-real Mill Operating

<img alt="" src="/sites/default/files/migration/icem/InBriefAlert.jpg" style="width: 120px; height: 59px" width="390" />

	The 20 February shooting at strikers – mainly women – of the KaoWay Sports Ltd. footwear factory in Bavet, Svey Rieng province, Cambodia, appears to have been committed by the governor of Bavet region, Chhouk Bandith. Three women were shot and seriously wounded after a man dressed in police-style khakis got out of a vehicle and began firing at people.

	The factory produces shoes primarily for the German apparel company Puma. According to ITGLWF  affiliate, the Coalition of Cambodian Apparel Workers’ Democratic Union (C.CAWDU), thousands of the 6,000 employed at the factory engaged in strike action on 17-18 February. When strikes resumed on 20 February, Chhouk Bandith allegedly jumped out of a Lexus 470 with a bodyguard and a policeman after exiting the factory and fired shots from a high-power gun equipped with silencer.

	After firing, he fled in a Toyota Camry and truckloads of police moved in to quell disbelieving and angry strikers. Police have questioned Chhouk Bandith, and C.CAWDU believes he was held for three days, but has since been released.

	 <img alt="" src="/sites/default/files/migration/icem/1202-choukk-bandith.jpg" style="width: 130px; height: 160px" width="390" /> 

	Choukk Bandith

	The entire incident, occurring about 09h00, was captured by a KaoWay factory security camera. Puma has been conducting its own investigation since the outset, together with an NGO.

	Buot Chinda, 21, was shot through the chest with bullets that narrowly missed her heart and severely punctured her lung. She was near death, but now is in stable but serious condition at a Phnom Penh hospital. The two other women who were shot and injured are Keo Neth, 18, and Nuth Sakhorn, 23.

	A senior ILO official who monitors a programme called Better Factories Cambodia, said in press comments, “It doesn’t look good for Cambodia when this type of violence is concerned.”

	Puma’s shoe workers, employed by Taiwanese-based KaoWay, were striking over better transport and food allowances, and better pay and conditions overall. Due to the industrial action – and Puma’s rapid response to the random violence – the strike has ended and all workers’ demands have been met in full.

	The strike and shootings had a different scenario at a separate Cambodian dispute, this one at Singapore-based Medtecs, a health textiles and apparel maker located in Kampong Siem district, some 125 kilometres from Bavet. While 2,000 strikers pelted the factory with rocks, police at the scene were unarmed and at stand-down because of the KaoWay shootings.

	The Medtecs strike was over the company failing to live up to decisions handed down by a binding Arbitration Council. It has been resolved due to the strike action.

Local Governor Accused in Shooting of Cambodian Footwear Strikers

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" style="width: 100px; height: 39px;" width="390" />

	Trade unions from around the world agree on plans to establish IndustriALL Global Union in June 2012, a new global union to represent workers in manufacturing, energy, mining, and textile sectors at the global level.

	Meeting at the ILO in Geneva on 29 February, more than 200 trade union leaders from around the world spoke of the serious challenges working people face in the current political and economic climate. Having greater strength and building power across the supply chain at the global level is the motivating force for the creation of the new global union.

	The new organization will bring together affiliates of International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM), the International Textile, Garment, Leather Workers’ Federation (ITGLWF), and the International Metalworkers’ Federation (IMF).

	The joint executive committee meeting of the ICEM, ITGLWF and IMF discussed the draft Statutes and Action Plan for the new organization and agreed on the proposed new name IndustriALL and logo.

	The joint meeting noted the proposed candidates for the political leadership of the new organization. The importance of including women in both the political leadership and representative structures of the new global union was argued for and included in the proposed Statutes.

	A founding Congress of the new organization will take place in Copenhagen, 18-20 June 2012. The proposed name, Statutes and Action Plan will be decided on at the founding Congress.

IndustriALL Name of New Global Union Federation

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" style="width: 100px; height: 39px;" width="390" />

	The Canadian Auto Workers (CAW) is demanding that labour and regulatory law in the province of Ontario be toughened in the wake of the social calamity perpetrated by Caterpillar Inc. in the recent lockout/closure of a rail electric diesel factory in the south-western provincial city of London.

	With that nearly all labour law in Canada is governed by the provinces, CAW demanded in a 29 February letter to Labour Minister Linda Jeffrey that Ontario toughen its labour statutes as remedy to lax investment regulations. Specifically, the CAW demands that more powers be granted the Ontario Labour Relations Board to stamp out bad-faith bargaining strategies.

	The CAW is campaigning for a stronger and more modernized labour code in Ontario because of Caterpillar’s subsidiary, Electro-Motive Diesel, blackmailing workers and a community in choosing between non-liveable wages and a major plant closure. (See prior <a href="/en/78-ICEM-InBrief/4876-Raging-Insult-to-Final-Injury:-Caterpillar-to-Close-Canadian-Train-Locomotive-Plant" type="internal">ICEM report</a> here.)

	 <img alt="" src="/sites/default/files/migration/icem/Ken.Lewenza.CAW.jpg" style="width: 100px; height: 145px;" width="390" /> 

	Ken Lewenza

	In the letter, CAW President Ken Lewenza said, “The company’s unjustifiable behaviour – and the resulting devastation now being brought to bear on workers and the community – has touched a nerve with Canadians and triggered broad public support.”

	The CAW is proposing powers of expedited interest arbitration in pitched labour disputes, as well as new provisions to prevent employers from evading collective agreements by using a lockout.

	Also put forward is a ban on scab replacement workers during a dispute, and restoring workers’ plant closing rights to negotiate adjustment plans. The CAW also says fairness demands the lengthening of time for giving plant closing notice, and a minimum two weeks’ pay for each year of service, with elimination of the five-year service tie-in.

	The <a href="http://www.caw.ca/en/10986.htm">CAW letter</a> also calls for an Industrial Inquiry Commission, as stipulated in Section 37, Ontario Labour Relations Act, in order to investigate Caterpillar carnage on workers in the province and the city of London.

	“The Caterpillar debacle demonstrates all too well the ease with which an employer can stall out the negotiation process, bargain in bad faith with impunity and manufacture a dispute in an attempt to evade contractual obligations,” Lewenza stated.

	“Caterpillar did not misjudge or misinterpret Ontario’s labour laws; rather, they understood them all too well, and exploited the laws’ weaknesses as a key part of their overall strategy.”

CAW Demands Change in Ontario’s Labour Laws

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39"/>
Hundreds of garment workers staged a symbolic sit-in strike on 16 January in front of the National Press Club in Dhaka city, Bangladesh, demanding that Parliament takes up and passes a key piece of labour legislation. 
 
The legislation has been ready for presentation in Parliament for three years, but the Labour Ministry has stalled the process. Demonstrating workers warned of mass mobilisations before the Labour Ministry, Prime Minister’s Office, and Parliament if the bill is not considered during the next session which begins, which begins this Wednesday, 25 January. 
 
The demonstration was organised by the National Garment Workers Federation (NGWF), a highly-active trade union affiliate of the International Textile, Garment & Leather Workers’ Federation (ITGLWF). 
<img src="/sites/default/files/migration/icem/1201.bangladesh.png" width="214" height="160" alt=""/>
NGWF President Amirul Haque Amin led speeches which included contributions of numerous labour leaders. All speakers agreed that the existing labour law of 2006 runs against the rights of workers, but also against industrial development, and is the cause of much labour unrest across the industrial sectors. 
 
The current government of Bangladesh repeatedly promised to amend the unjust labour law, both before and after the last general election in December 2008. The existing draft amendment was prepared through a long, tripartite process, consisting of viewpoints from workers, government and employers. But the draft amendment has been held up inside the Labour Ministry for the last three years. In that time three separate labour bills have been adopted by parliament. The first suspended trade union rights inside the country’s Economic Processing Zones, the second exonerates factory owners from serving jail time for breaking labour laws, and the third also increases the rights of employers over workers.

Bangladeshi Garment Workers Lead Charge for Just Labour Legislation

<img alt="" src="/sites/default/files/migration/icem/InBrief100.jpg" width="100" height="39"/>
With on-line voting about to end at midnight on 26 January, the United Steelworkers (USW) has issued a last-minute alert for global trade unionists to make the Brazilian mining company Vale the shameful recipient of the 2012 Public Eye Award, as bestowed by a Swiss NGO, the Berne Declaration, and Greenpeace. 
 
Going into the final week’s balloting, Vale trails the Japanese electric energy company TEPCO by less than 300 votes – 17,276 votes for TEPCO, 16,996 for Vale. 
 
Visit the <a href="http://www.publiceye.ch/en/vote/">Public Eye website here</a> to cast your ballot, and push Vale into the number one spot. 
<img alt="" src="/sites/default/files/migration/icem/1201.vale vote.jpg" width="118" height="160"/>
In early January, the two organisations launched this year’s version of the contest, with six multinationals judged as being the worst violators of environmental stewardship and human rights abuses. Besides TEPCO and Vale, the other nominees are the US mining company Freeport-McMoRan, Korean electronics manufacturer Samsung, Swiss chemicals company Syngenta, and the British bank Barclays. 
 
The winner will be announced at a press conference on 27 January at the World Economic Forum in Davos, Switzerland. Vale, of course, besides heaping environmental damage the world over, extracted more than just minerals from the earth in recent years; it extracted deep and unnecessary economic concessions from USW members in 2009-10 strikes in Canada.

USW Makes Last-Ditch Appeal to Shame Vale as Public Eye Recipient

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