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Multi-stakeholder negotiations in Indonesia, bringing together major sportswear brands, key manufacturers and five unions &ndash; including ITGLWF affiliates SPN and Garteks &ndash; have cumulated in the signing of a protocol to protect trade union rights. 
 
The negotiations began in November 2009 following a major Play Fair campaign and a commitment by major sportswear brands to engage country-by-country with trade unions in order to agree concrete steps to bring about improvements to working conditions in the industry. 
 
The protocol, signed on 7 June, addresses the fact that unions in Indonesia&rsquo;s garment and footwear sectors are frequently denied the time and space they need to carry out their duties. The protocol outlaws all forms of anti-union discrimination and requires that a CBA, where none exist, be negotiated within six months. The agreement provides for the release of union officials from work duties in order to carry out their union activities; requires provision of adequate office, meeting and notice board space; gives unions the freedom to distribute information without interference; and commits signatory factories to facilitate a check-off system for collecting union dues. 
 
Initial signatories comprised multinational brands adidas, Nike and Puma, their key suppliers, and five Indonesian unions including SPN and Garteks. Playfair 2012 launched an action, exactly one year before the London 2012 Olympics, to encourage additional brands to commit to the protocol. The action was well supported and since then Pentland &ndash; owners of the Speedo brand, Asics, and New Balance have agreed to sign the protocol. 
 
Although implementation is in the embryonic stages, some steps have been taken to socialise the protocol. adidas have held workshops for their 58 Indonesian suppliers to inform them about the protocol and encourage them to agree to its provisions, and Nike have promised that all of their suppliers will know about the protocol by the end of October. ITGLWF affiliate Garteks report that the protocol has opened the door for them to negotiate a CBA and they have also seen their membership increase in that factory. 
The ITGLWF is urging all garment and footwear brands sourcing from Indonesia to sign the protocol.

Multi-Stakeholder Negotiations Lead to Garment Framework Agreement

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French trade unionists employed at Lafarge last week began a hunger strike at the headquarters of the company in the Paris suburb of Saint-Cloud. Some 12 unionists from the company&rsquo;s Frangey cement plant near L&eacute;zinnes, L&rsquo;Yonne province, are protesting the company&rsquo;s decision to close that facility. (See <a href="/en/78-ICEM-InBrief/4466-French-Unions-Conduct-4-Hour-Strike-at-Lafarge-Today">prior ICEM report</a> here).&nbsp; 
 
Meanwhile, CFDT and CGT &ndash; the unions representing the 74 workers at Frangey &ndash; have continued today their stop-work actions at 14 French cement plants of Lafarge. The strikes started last week and were expected to escalate today. 
 
Lafarge announced on 25 May at an extraordinary Works Council meeting that it would close the Frangey plant in three stages between August 2011 and the end of 2012. The company said over-capacity, the small market the Frangey plant serves, and environmental considerations. 
<img alt="" src="" width="250" height="161" />
6 June Strike at Frangey
On Saturday, 24 September, the hunger strikers were on day five of their protest outside the Lafarge offices. They include the mayor of one of the small towns in the Burgundy region of France. The strikers are grouped in five small tents and were visited Friday and Saturday by a number of French politicians, including parliamentarian Nicolas Dupont-Aignan from l&rsquo;Essone department. 
 
&ldquo;I cannot stand to see businesses close and workers thrown out like dogs,&rdquo; he said, refuting Lafarge&rsquo;s reasons for closure. 
 
The CFDT delegate taking part in the hunger strike, Florent Gaden, said strikers will remain in front of the company&rsquo;s offices until the world&rsquo;s largest cement producer rescinds the closure. 
 
The Frangey cement plant does operate with proper environmental certification. It produces 300,000 tons of cement annually and has a system of cogeneration that serves 50% of the plant&rsquo;s energy needs.

Hunger Strikers Protest Lafarge’s French Cement Plant Closing

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Fraught by failed efforts in August to give contract workers their legitimate rights in the oilfields of south-central Colombia, Canada-based Pacific Rubiales Energy Corp. and the government of Juan Manuel Santos will get a second chance to rectify the low pay, horrid work conditions, and sub-standard working terms of contract workers. 
 
That came because ICEM affiliate Uni&oacute;n Sindical Obrera (USO) led 4,000 contract workers in Meta Department, Colombia, on a strike and blockade early last week that cut output of South America&rsquo;s third largest oil producer by 25%. The road blockades started on 18 September and continued until 21 September in rural areas near wells in the Rubiales and Quifa oilfields and in the city of Puerto Gaitan. 
<img alt="" src="" width="146" height="66" />
The strikes were violently broken up by 300 Colombia national riot police wielding batons and pitching tear gas. Police ordered a curfew for Puerto Gaitan. The strike, however, forced a tripartite agreement on 21 September between USO, the government&rsquo;s Interior minister, and Pacific Rubiales after six hours of talks. 
 
The protocol agreement calls for a permanent arbitration board to be set up in Bogot&aacute; to address the issues of irregular workers labouring in the oilfields. Those issues include regularisation of employment, better pay and working conditions, and the right to join a union and bargaining collectively. USO, once the representative of only workers at state-run Ecopetrol, has championed the rights of contract workers in Colombia&rsquo;s burgeoning oil sector. USO also is championing the re-hire of 800 contract workers who have been sacked in the recent past for trade union activity. 
<img alt="" src="" width="213" height="160" />
Last week&rsquo;s accord is not the first time that a tri-partite forum was set up to address and solve these issues. In August, Colombian Vice President Angelino Garz&oacute;n chaired a meeting in which nine tripartite working groups made recommendations for fairness and justice. None of the submitted recommendations by the working groups were accepted by contractors or by Ecopetrol, prompting last week&rsquo;s strike and blockades. 
 
USO is intent that poverty wages, exhausting work hours, and unlimited days of consecutive work disappear from the Colombian energy landscape. Several contractors along with Pacific Rubiales exploit irregular workers in the Llanos basin and other oil-rich basins of central and eastern Colombia. Pacific Rubiales, which owns Colombian oil company Meta Petroleum, operates oilfields in eastern Meta Department jointly with Ecopetrol and has been a magnet for labour unrest over the past several months. 
 
Two weeks ago, contract workers led by USO conducted similar strikes and blockades in Casanare department at the Corcel and Guatiquia upstream operations. Those facilities are run by another Canadian company, Petrominerales Ltd., which holds extensive Colombian production facilities both by itself and with Ecopetrol.

Colombia Oilfields: Government Must Now Address Contract Workers’ Issues

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The 10th Quadrennial Delegates&rsquo; Conference of ICEM affiliate Ghana Mine Workers&rsquo; Union (GMWU) was held in late August in the Brong Ahafo regional capital of Sunyani in late August. GMWU leaders from the West African nation covered a wide range of issues including skills training, mining and sustainability, expatriation, and state investment and regulation in mining. 
 
The Delegates&rsquo; Conference also reiterated its support and continued campaign efforts for ratification and implementation by the government of Ghana of ILO Convention 176, the Safety and Health in Mines Convention. 
 
Meeting under the banner &ldquo;Blending the Interest of Stakeholders in the Mining Industry Towards Operational Excellence,&rdquo; delegates elected Kwarko Mensah Gyakari as National Chairman and Prince William Ankrah, ICEM&rsquo;s Sub-Sahara Africa Regional Vice President, as General Secretary. 
<img src="" width="150" height="174" alt="" />
General Secretary Prince William Ankrah
Also elected were Abdul Moomin Gbana, First Vice Chairman; Philomena Aba Sampson, Second Vice Chairperson; Eric Kwabena Gyimah, Deputy General Secretary; Fred Aniagyei, First National Trustee; James Ackah, Second National Trustee; and William Bart Plange, National Chaplain. 
 
GMWU also elected an 11-member Finance Committee. All office bearers, including Finance Committee members, were sworn in Ghana Trades Union Congress General Secretary Kofi Asamoah. 
 
The GMWU expressed displeasure with the recent shedding by the government of its 10% stake in certain gold mining companies. With gold extraction a major component in the nation&rsquo;s economy, the union pledged to combine with civil society groups to reduce foreign capital in favour of Ghana private of public investment in the major mining conglomerates. 
 
The union sided with Finance Minister Kwabena Duffuor who has protested Ghana&rsquo;s divestiture of 10% stakes in Newmont Gold&rsquo;s Ahafo and Akyem projects, Noble Mineral&rsquo;s Bibiano project, and AngloGold Ashanti development at Obuasi, Iduaprim, and Teberebie. Removal of such state involvement runs contrary to the Mining law of 1986 (PNDC Law 153) and the Minerals and Mining Act 20. 
 
GMWU also made it clear to reporters covering the Conference that with the current high price of gold, now is the time to introduce a windfall tax on the commodity. 
 
General Secretary Prince Ankrah did commend the government for putting in place the Ghana Extractive Industry Transparency Initiative (GEITI), but urged the government to adequately fund the body in order to carry out its mission. 
 
A major topic at the Delegates&rsquo; Conference regarded remuneration in mining, and the fact that inequality exists between what is paid expatriates and Ghanaian nationals who are in the same job grades and possess the same skills. 
 
On sustainability, GMWU again expressed displeasure that the major mining houses have allowed a gulf to exist between indigenous communities and their leaders. Ankrah said mining companies in general had failed to honour past commitments regarding infrastructure, and many are non-compliant with environmental standards. 
 
He also criticized mining companies for failing to take into account the input of workers regarding health and safety. 
 
The Delegates&rsquo; Conference pledged that the GMWU would continue to engage with the Ghana Chamber of Mines and its industry captains to ensure that qualified Ghanaians are given opportunities and skills development to take up senior positions in the mining sector.

Ghana Mine Workers Conducts Successful Delegates’ Conference

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Union members of ICEM North American affiliate United Steelworkers (USW) began a strike on 1 September against Anchor Glass Container Corp. at nine US plants. The 140 USW-represented workers are mould makers at Anchor, the US&rsquo;s third largest glass bottle and container manufacturer behind Owens-Illinois and Saint-Gobain Containers. 
 
Workers went on strike immediately after expiration of a prior labour agreement due to regressive and ill-willed contract proposals by the Tampa, Florida-based company. Specifically, Anchor seeks to create a two-tiered health care and pension plan, as well as more excessive out-of-pocket health care costs borne by workers. Wages are also an issue in the dispute. 
<img alt="" src="" width="157" height="136" />
Photo: Mike Perleberg-Eagle 99.3
Privately-held Anchor issued a threatening statement at the outset of the strike saying it would continue glass-bottle mould work without the USW members. The company used high US unemployment and economic uncertainty as a warning against the strike. 
 
Anchor produces glass for the beverage and foods industries. The largest plant that has been hit by the USW industrial action is in Zanesville, Ohio, where 65 workers have struck due to the company&rsquo;s radical rollback proposals. Other Anchor glass plants where work stoppages are in effect include Jacksonville, Florida; Warner Robins, Georgia; Shakopee, Minnesota; Salem, New Jersey, Elmira Heights, New York; Henryetta, Oklahoma; and Lawrenceburg and Winchester, Indiana. 
 
USW negotiators reached a <a href="/wp-content/migration/icem/1109.ross%20usw%20agreement.pdf">settlement with Ross International</a> on 31 August, achieving wage gains for each year in a three-year agreement, protecting pensions and preventing a two-tier benefit plan for new hires. Among other improvements achieved was enhanced language on subcontracting at the company.&nbsp;

USW Glass Workers at Anchor Begin Strike Action

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Building on their first meeting in 2010, just prior to the historic May Day celebrations in Taksim Square, global unions conducted the second meeting of this kind on defending trade union rights in Turkey. Around sixty participants from centers and Turkish affiliates of ITUC, CGU, ICEM, ITF, IUF, PSI, IMF, BWI, ITGLWF and UNI came together in Istanbul at the workshop held on 8-9 September. The meeting also welcomed international NGOs such as Labourstart and Amnesty International who consistently support labour rights in Turkey. The ICEM was present at the workshop through its Director of Industry and Corporate Affairs Kemal &Ouml;zkan as well as its affiliates Tes-Is, Petrol-Is, Belediye-Is, Lastik-Is, Kristal-Is, Cimse-Is, Sel&uuml;loz-Is and T&uuml;mka-Is. 
 
The workshop coincided with a critical time, with Turkish trade union legislation under discussions for modification with a view to harmonise it in line with international standards and norms. Turkey was recently criticised by the International Labour Organization over the lack of genuine union rights in the country. &Uuml;zeyir Ataman, Director of the Collective Bargaining Department of ICEM&rsquo;s affiliate Lastik-Is, who is a part of a working group formed by the government to handle possible modifications, updated the workshop participants in a context of the history of Turkish labour legislation. 
 
Participants were informed of individual organising efforts of Turkish unions in cooperation and solidarity with respective global union federations. Hakan Ko&ccedil;ak, Director of the Organizing Department of ICEM affiliate Petrol-Is, presented his union&rsquo;s widely-publicised national level organizing campaign as well as the ongoing organising drive at Standard Profil with the contribution of the ICEM. The other examples showed the value of solidarity between individual unions and their global union federations in getting success in organising and recognition. 
 
The participants discussed international instruments in boosting union organising campaigns. Particular attention was given to global unions&rsquo; immediate actions such as protest letters, coordinating global solidarity and visits of picket lines. Opportunities in using the newly revised OECD guidelines, ILO tools as well as international courts were also reviewed. 
<img alt="" src="" width="259" height="160" />
ICEM's Kemal &Ouml;zkan addresses press conference
Towards the end of the workshop a press conference was organized with the participation of television and newspaper journalists. In a joint press release the global unions informed the Turkish media about the objectives and content of the workshop. Read out by Ron Oswald, General Secretary of ICEM&rsquo;s sister organisation IUF, the press release stressed that &ldquo;Turkish unions, union leaders from Turkey and representatives of those international bodies present at this meeting have pledged to work together actively and in a sustained and permanent way to support workers' efforts to access those universal rights and to have them universally accepted and respected in Turkey.&rdquo; 
 
The participants were later divided into two groups, as Turkish unions and global union federations to discuss ways to build and promote joint work in Turkey as a base for summary, conclusions and way forward from the workshop. Jim Baker, Coordinator of the Council of Global Unions, summed up discussions and conclusions of the workshop with a way forward. Baker underlined consensus on &ldquo;common action by global unions with their Turkish affiliates and among themselves to improve the quality and increase the effect of practical and concrete solidarity action to strengthen workers and their legitimate, democratic trade unions.&rdquo; 
 
&ldquo;Turkey is a highly critical place in the activities of all global unions, this country is a priority for the whole union movement&rdquo; said ICEM&rsquo;s Kemal &Ouml;zkan. &ldquo;The two-day workshop reaffirmed our commitment to reinforce solidarity with the Turkish trade union movement.&rdquo;

Global Unions Unite in Defending Trade Union Rights in Turkey

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A work stoppage and hunger strike by non-regular coal miners in Bangladesh ended on 6 September, three days after the 1,145 contract workers took up strike action again against state-owned Barapukuria Coal Mine Company Ltd. (BCMCL) and its extraction contractor, the China National Import and Export Corp. (CMC). 
 
The strike originally began on 23 August, but was suspended on 27 August so miners could celebrate the Islamic Eid vacation. In negotiations between the Barapukuria Coal Mine Miners&rsquo; and Workers&rsquo; Union, BCMCL&rsquo;s parent, the Bangladesh Oil, Gas, Mineral Corp. (PETROBANGLA), CMC, the country&rsquo;s Minister of Land, and Dinajpur Province authorities on 5 September, the union won production bonuses and holiday guarantees, as well as assurances that each year 10% of non-skilled workers will see their employment status regularized. 
<img src="" width="280" height="129" alt="" />
BCMCL, the country&rsquo;s only operating coal mine, guaranteed that production bonuses will take effect when coal output exceeds 70,000 tonnes per month. The contract miners, employed by CMC through an arrangement with the Xuzhou Coal Mine Group of China (XMC), also won a four-fold increase in festival allowances, a paid three-day holiday period each for two Eid vacations, and 20 kilos of rice per miner each month. 
 
Regularisation of employment, however, was the major achievement in the August-September strike action. Since CMC began operating the mine the mine in 2005, the contract miners were without many social protections, insurances, and pension pensions. 
 
Barapukuria Coal Mine Miners&rsquo; and Workers&rsquo; Union President Rabiul Islam called the settlement satisfactory, with BCMCL and the Chinese employer accepting a good share of the union&rsquo;s demands. 
 
BCMCL has a recoverable coal deposit of 64 million tones, of which only 1.13 million tones have been extracted since inception of the mine five years ago. The mine produces thermal coal with the bulk of it transported to Bangladesh&rsquo;s lone 250 megawatt electric generating plant.

Contract Coal Miners in Bangladesh Win Guarantees with Strikes

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A first-of-a-kind collective agreement took root in Germany&rsquo;s solar energy manufacturing industry on 1 September. It was then that a labour contract took effect between IG Metall and three subsidiaries of Bosch in the state of Thuringia, making it the first collective agreement in Germany&rsquo;s solar power industry. 
 
The agreement covers 2,500 workers at factories of Bosch Solar Energy AC, Bosch Solar Wafers GmbH, and Bosch Solar Thin Film in the cities of Erfurt and Arnstadt. IG Metal Hesse and Thuringia Region representatives used the effective date of the three-year agreement to distribute leaflets to workers at other solar product manufacturers in central and eastern Germany highlighting details of the Bosch accord. 
<img alt="" src="" width="267" height="160" />
Those companies include Q-cells, Conergy, and Solon, to name just a few. It is the union&rsquo;s hope that the Bosch accord will spur a national collective agreement in the solar manufacturing industry, a sector now encompassing 130,000 German workers. 
 
Labour agreements in renewable energy industries, said IG Metall Regional Secretary Armin Schild, have been &ldquo;a no man&rsquo;s land. This agreement hopefully will become the standard throughout the industry.&rdquo; 
 
Based on the union&rsquo;s metal sector agreement, this first contract contains a bounty of benefits for workers of the three Bosch subsidiaries. Although it contains no set wage increases over the three years, workers will see their pay increase with regular bonuses, performance-based bonuses, and additional compensation for holiday and night-shift work. 
 
The work week will be reduced with full pay from 40 to 38 hours in increments over the three-year term, and overtime work will either be paid in full or employees have the option to convert that overtime to paid time off. And apprentices completing training are assured of at least a one-year fixed-term period of employment. 
 
The three Bosch worksites are relatively new in Thuringia, with Bosch Solar only opening the massive cell and panel plant in Arnstadt a year ago. The agreement is a trendsetting pact within Germany&rsquo;s former eastern states and IG Metall deserves high accolades for achieving this milestone.

IG Metall Breaks New Ground with First Accord in German Solar Energy Sector

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	The ICEM is following with concern the implementation process of the new Industrial Relations law in Pakistan, a process which should include trade unions. Writing to Pakistan Prime Minister Yousuf Raza Gillani on 13 March, the day before the Industrial Relations Bill went before the National Assembly, ICEM General Secretary Manfred Warda urged against further delays to the process

	&ldquo;The five ICEM affiliated trade unions in Pakistan have the support of an influential network of trade unions in 132 countries. These unions and all workers in Pakistan are entitled to proper legislation protecting their basic human and labour rights, legislation that provides proper industrial dispute adjudicating mechanisms, and most importantly the right for trade unions to exist,&rdquo; stated Warda. (See the full <a href="/wp-content/migration/icem/27.ICEM%20Pakistan%20Labour%20Legislation.pdf">ICEM letter</a> here.)

	The urgency was due to the pending expiration of the promulgated Industrial Relations Ordinance 2011 on 17 March. In a legal vacuum following earlier expirations of labour legislations, labour issues were devolved to the provinces by the subsequent 18th Amendment to the Constitution. A 2 June 2011 ruling by the country&rsquo;s Supreme Court abolished the role of the National Industrial Relations Commission (NIRC) because the relevant federal legislation no longer existed.

	&nbsp;<img alt="" height="185" src="" width="246" />&nbsp;

	Leaders&nbsp;of ICEM&#039;s&nbsp;Pakistan Affiliates

	The legal existence of trade unions in Pakistan was thus threatened. Encouragingly, the new bill was passed by the National Assembly on 14 March without amendment, as it was by the Senate on 7 March. The Pakistani government announced the new legislation as a landmark achievement that will promote harmonious employer-employee relations and protect the rights of the labour community. Politicians across political parties agreed that mature systems of industrial relations in Pakistan will contribute to industrial and economic growth.

	The ICEM hopes that the new law will effectively rationalise the labour law in Islamabad and at the trans-provincial level with regards to formation of trade unions, trade union federations, and to regulate employer-worker relations.

	A key stipulation of the bill instructs the government to constitute a NIRC with the power to adjudicate and rule on industrial disputes in the capital and at the trans-provincial level, also on industrial disputes of national importance. Local level industrial relations will remain covered by provincial labour governance.

	Elsewhere in Pakistan, yesterday, 20 March, the Labour Appellant&nbsp;Tribunal dismissed appeals of local Syngenta management and ruled in favour of the ICEM-affiliated Pakistan Federation of Chemical, Energy, Mine and General Workers&rsquo; Union (PCEM) in declaring all 50 workers of a factory as permanent&nbsp;employees of Syngenta Pakistan. The ICEM salutes the PCEM in its victory in regularising these workers to permanent employee status.

	Shockingly, the Swiss-based agrichemicals multinational Syngenta has ignored past court rulings in favour of the contract workers&rsquo; right to full time employment. The Syngenta Employees Union Pakistan, belonging to PCEM, has faced serious violations, including unjustified dismissals of its leaders. See last year&rsquo;s <a href="/en/78-ICEM-InBrief/4219-ICEM-Fights-for-Reinstatement-of-Union-Leader-in-Pakistan-">ICEM report</a> here.

Pakistan Enacts New Labour Legislation with Pressure from Unions

<img alt="" src="" style="width: 100px;height: 39px" width="390" />

	Patience is running thin for a trade union alliance demanding proper labour rights for Holcim Cement workers in India. Management at both Indian subsidiaries of Holcim are flouting Indian law by employing contract workers in the core production process.

	Contract workers there receive only one-third of the salary paid to permanent employees, and efforts to organise and bargain collectively are met by intimidation, a yellow union&rsquo;s corruption, and bribery of local officials.&nbsp; During the struggle for recognition, three union members have been shot dead by police while protesting for the legitimate rights of Contract and Agency Labour (CAL) workers.

	The contract workers are organising into the ICEM-affiliated Pragatisheel Cement Shramik Sangh (PCSS) but after 16 years of existence, the union only achieved dialogue with management following victory in a six-year-long court case.

	&nbsp;<img alt="" src="" style="width: 115px;height: 183px" width="390" />&nbsp;

	Global pressure has forced Holcim to pay attention to the violations of contract workers in India, but when Holcim Executive Paul Hugentobler visited ACC Jamul recently, contract workers were all moved to a different shift and workers&rsquo; representatives were banned from taking part in the meeting with him. Instead, representatives of the sham company union, OP Banchore, were involved.

	The leader of this yellow union is the brother of the president of the local municipal authority, Rekhram Banchore. Together they have built a loathsome alliance, including allegedly settling local community violations by out of court settlements for issues such as failure to pay full taxes to the local Nagar Panchayat Jamul body, and encroachment onto government land.

	This yellow union at the plant repeatedly certifies management violations of contract workers who attempt to organise into the PCSS union. Management has forced a total of 200 contract workers into &ldquo;voluntary&rdquo; retirement by denying them wages and work during litigation processes for the regularisation process.

	This is illegal under Indian national law, but legitimised by the company union that signed these workers&rsquo; voluntary retirement scheme documents.

	Every contract worker active in the union is currently facing five-to-eight phoney criminal cases registered by management. PCSS leader Bhagwati Sahu has been in jail for ten months on spurious charges.

	Holcim&rsquo;s international management has undisputedly been aware of these abuses since 2008. One worker found guilty of informing Holcim&rsquo;s international management of violations was punished with a forced relocation to a different worksite hundreds of miles away.

	India is the second largest cement manufacturer in the world with capacity predicted to continue growing and Holcim is the largest producer of cement in India.

	Solidarity for the PCSS Holcim workers is being led by ICEM and the Building and Wood Workers&rsquo; International (BWI), Swiss union affiliate UNIA, and continues to grow throughout the world. Thai affiliates of the two Global Union Federations plan a solidarity picket at Holcim in Thailand in early April.

	PCSS activists will visit Switzerland 10-18 April and hold a series of meetings and demonstrations.

	See more on the <a href="http://blogs.bwint.org/mnc/">BWI Company Monitor</a> page here or the ICEM&rsquo;s Report &ldquo;<a href="http://cal.icem.org/images/documents/Cement%20Report.pdf">Contract and Agency Labour in Asia&rsquo;s Cement Industry</a>&rdquo; here.

ICEM Again Calls on Holcim Cement to Stop Exploiting Indian CAL Workers

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