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Further industrial actions in Queenland&rsquo;s rich coal fields happened over the weekend and early last week as three Australian unions &ndash; joined together as the Single Bargaining Unit (SBU) &ndash; continue months-long efforts to gain a fair collective agreement with the world&rsquo;s number one exporter of metallurgical coal, the BHP Billiton-Mitsubishi Alliance (BMA).
Mineworkers led by the Construction, Forestry, Mining and Energy Union (CFMEU), and the Australia Manufacturing Workers&rsquo; Union (AMWU) and Communications, Electrical and Plumbing Union (CEPU), this weekend took 12-hour work stoppages at BMA&rsquo;s Gregory Crinum and Blackwater mines in the Bowen Basin, while similar rolling 12-hour strikes occurred from 7-9 August at the Goonyella Riverside, Saraji, Peak Downs, and Norwich Park mine sites.
The protected actions are in preparation for SBU-BMA talks this week, 18-19 August. Some 4,000 miners have been stymied by the coal-producing enterprise belonging to the two multinationals since December 2010 over a fair collective agreement. (See prior <a href="/en/78-ICEM-InBrief/4506-Stop-Work-Meetings-Raise-Stakes-in-Queensland-Coal-Talks">ICEM report</a> from June.)
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SBU Picket at Goonyella Riverside Mine, July 
Despite BMA publicly boasting of high miners&rsquo; salaries and its own pay offer in these drawn-out talks, the dispute has little to do with money but rather work conditions and quality-of-life issues. The SBU is resisting unwanted extensions on work rosters, which will negatively affect family life, and they oppose BMA&rsquo;s desire to gain flexibility over contracting out, an obvious job security threat. BMA wants to move from a five-day weekly roster to a seven-day one, and seeks greater rule over operators&rsquo; jobs.
Since industrial action began following a 2 June ballot that saw a 92% support, the strength of miners of the three unions has only grown. That was visible at a mass picket at the Saraji mine that was set up on 6 August.
BMA is a ten-year joint venture that extracts 58 million tonnes annually of coking coal from the Bowen Basin and exports it from its wholly-owned Hay Point terminal on Australia&rsquo;s east coast.

CFMEU Still Seeking Australian Coal Agreement with BHP Billiton/Mitsubishi

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Union members of US affiliated Teamsters Union (IBT) used a broadening corporate campaign to win reprieve over job losses at a BMW auto-parts warehouse in California. IBT Local 495 and North American bosses of German auto-maker BMW agreed on 9 August to a six-month extension of a collective agreement that was to expire 31 August.
BMW North America had given notice in June that it would terminate the agreement at a parts distribution warehouse in Ontario, California, then and outsource the 68 Teamster jobs to a third party logistics company. The IBT nationally then ramped up a pressure campaign on both sides of the Atlantic (see prior <a href="/en/78-ICEM-InBrief/4570-US-Teamsters-Ardently-Resist-BMW-s-Auto-Parts-Outsourcing">ICEM news article</a> here) and there is little question that adverse publicity on the luxury auto producer caused management to re-consider.
<div>Last week, just as dockworkers belonging to unions affiliated with the International Transport Workers&rsquo; Federation (ITF) organised informational pickets at nine ports in 10 countries on behalf of the California warehouse workers, BMW North America sat down with Local 495 in Southern California and agreed to extend the contract for six months to allow the two sides to work out a mutually acceptable solution that addresses long-term employment for Teamster members.</div>
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<div align="center">Dockworkers picket in Bremerhaven, Germany, on behalf of US Teamsters</div>
<div align="center"> 
&ldquo;We sent a clear message to BMW with our campaign actions that outsourcing these jobs is unacceptable,&rdquo; said Teamsters Joint Council 42 Public Affairs Director Ed Rendon. &ldquo;We won&rsquo;t be happy until we get a full agreement, but we&rsquo;re highly optimistic this will happen and BMW will better run their business with our members&rdquo; maintaining direct employment.</div>
Added IBT Local 495 Secretary-Treasurer Bob Lennox, &ldquo;I am confident that BMW will honor its promises to find a solution to keep their long-time, dedicated workforce and ensure that these jobs remain good, middle-class jobs.&quot;
Teamster members and supporters protested at a 6-7 August weekend event called &ldquo;Bimmerfest&rdquo; in the state of Maryland where BMW enthusiasts annually turn out to celebrate ownership of the German car. Thousands of handbills were distributed and a Teamster-hired airplane flew overhead with a banner emblazoned &ldquo;BMW: the Ultimate Misery,&rdquo; the campaign&rsquo;s slogan.
And on 8 August, Los Angeles Mayor Antonio Villaraigosa sent a letter to BMW North America CEO Jim O&rsquo;Donnell telling him that members of the International Longshore &amp; Warehouse Union (ILWU) were about to picket the Port of Los Angeles, and reminded him that the company received monetary assistance during the 2008-09 financial crisis from the US federal government.
The 68 Ontario warehouse workers themselves had spent their weekends handbilling BMW dealerships in California, Oregon, and Washington state, telling consumers about on BMW&rsquo;s intended social dumping.
The Ontario, California, warehouse is one of six parts depots in the US, supplying and distributing BMW parts to auto dealerships and auto-supply outlets in the western region of the US.

Campaign Action Wins US Teamsters BMW Contract Extension

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Actions around the world have begun, marking the Global Days of Action for trade union rights in Mexico, 14-19 February. Support the campaign now by writing to the Mexican government through the <a href="http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=863">LabourStart campaign</a> here.&nbsp; 
 
Today, an international trade union delegation met with the Ambassador to the United Nations in Geneva, Mr. Gomez Camacho, to deliver the demands of the global campaign. Some 60 labour activists turned out. 
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Adriana Rosenzvaig, Manfred Warda, Fernando Lopes
Manfred Warda, ICEM General Secretary, Fernando Lopes, Assistant General Secretary of the International Metalworkers&rsquo; Federation (IMF), and Adriana Rosenzvaig, SCORE Director at UNI, met inside with the Ambassador while a demonstration continued outside the Mission. 
Warda said the one-hour-and-twenty-minute meeting proved that Camacho had been briefed on the manifestation's purpose. &quot;The only issue he was not familiar with is protection contracts in Mexico,&quot; said Warda. &quot;We had to explain how these contracts infringe on genuine trade union&nbsp;rights.&quot;
A 50,000 strong march in Mexico City on 31 January saw trade unionists protest shoulder to shoulder against the repressive policies of the Calder&oacute;n regime. The National Union of Miners marched with the Electricians Union, Pilots&rsquo;, Teachers&rsquo;, and farmers&rsquo; organisations, calling for social, political, and economic change. 
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Geneva police question ICEM's Tom Grinter and UNIA's Luis Blanco over rally permit
The Calder&oacute;n government must heed the warnings of this global movement, and end abuses of trade union rights in Mexico. 
 
Rallies and meetings with Mexican Ambassadors will be conducted simultaneously in over 30 countries this week, in a coordinated effort by unions affiliated to the ICEM, IMF, UNI, the International Transport Workers&rsquo; Federation, and the ITUC. 
Where demonstrations are not possible, unions are sending written protests and demands to the Mexican government from around the world. 
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Mexico City
Australia: The global campaign will hold a launch event with the support of Australian trade unions on 15 February. Co-ordinated by the Australian Council of Trade Unions (ACTU), with support from the Construction, Forestry, Mining, and Energy Union (CFMEU), the Australian Manufacturing Workers&rsquo; Union (AMWU), the Maritime Union of Australia (MUA), the Australian Workers&rsquo; Union (AWU), and others, a rally and meeting with the Mexican ambassador is planned for 18 February. At the biennial delegates&rsquo; conference of the AWU tomorrow, IMF General Secretary Jyrki Raina will address the global campaign on Mexico. 
 
Canada: With coordinating support from the Canadian Labour Congress (CLC), the Communications, Energy, Paperworkers (CEP) Union of Canada, the Canadian Auto Workers Union (CAW), Transport Workers&rsquo; Union (TWU), and the United Steelworkers (USW), leading actions will occur in Ottawa, Toronto, Montreal, and Vancouver. These will include a meeting with the Mexican ambassador in Canada, and demonstrations, depending on the local circumstances. 
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Toronto, Canada
France: Unions in France are organizing for a delegation to visit the Mexican Embassy in Paris. In addition, through their existing relationship with managers, French unions are also contacting French transnationals on situations of companies&rsquo; production plants in Mexico regarding unions, collective bargaining, and wage and working conditions. 
 
Mexico: Unions in Mexico are planning to take action over the entire week, including a press conference in the capital, rallies at embassies of countries where others are taking action, and a march and seminar on 19 February. The Mexican Miners&rsquo; Union is also planning a series of events in Pasta de Conchos, Puebla, and elsewhere where the union has strong presences. 
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Jakarta, Indonesia
The Netherlands: FNV Bondgenoten will continue its trade union freedom campaign during the global week of action, including media work and asking five Dutch multinationals with protection contracts in Mexico to start dialogue with the trade union. Those companies are AkzoNobel, Heineken, ING, Philips, and Unilever. For more go to: <a href="http://tradeunionfreedom.fnvcompanymonitor.nl/">http://tradeunionfreedom.fnvcompanymonitor.nl/</a>&nbsp;&nbsp;
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Brussels, Belgium
Russia: Unions in Russia were awarded the right to protest at the Mexican Embassy and are preparing a letter to give to the Mexican ambassador and articles and press coverage on the issue. 
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Moscow, Russia, -25&deg;C
Turkey: Unions in Turkey will mobilize members to visit the Mexican embassy, present a protest letter, and take picket action in front of the embassy. 
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Geneva, Switzerland
US: AFL-CIO and affiliates, including USW are holding events in 14 cities. The ICEM-affiliated United Electrical, Radio, and Machine Workers of America (UE) is organising actions also in many cities. The priority is to meet with Mexican embassy/consulate officials, supplemented by demonstrations and press work where appropriate. <a href="http://www.youtube.com/watch?v=usyexGRbDgI&amp;feature=autoplay&amp;list=ULOqVyVe-7Clo&amp;index=2&amp;playnext=2">Washington D.C. picket</a>. 
 
Download the <a href="/en/5-Mining-DGOJP">campaign materials</a> here.

Mexico Days of Action Begin

The ICEM&rsquo;s Japanese Affiliates Federation (JAF) has been using many of its own resources, and nearly all of its time and energy to deal with the horrible after effects of last Friday&rsquo;s earthquake and tsunami. The ICEM has been in contact with JAF several times daily in order to determine the federation&rsquo;s needs. What follows is a Circular Letter from General Secretary Manfred Warda to all ICEM affiliates alerting them on how they can help:
Please Contribute: Japanese Earthquake/Tsunami Relief 

Dear ICEM Affiliated Unions, 
 
Many of you have inquired over the past several days the best means to contribute to Relief Funds handling the horrible disaster in Japan. You should know that we have been in constant touch with JAF, the ICEM&rsquo;s Japanese Affiliates Federation, and they have been doing the very best they can, under unimaginable circumstances, to come to the assistance of their electric energy, oil and gas, and other union members in North-east Japan, as well as in other areas. 
 
As is ICEM policy in such natural disasters, we ask that you consider contributions to your local or national Red Cross or UNICEF agencies, with the earmark of Japanese Earthquake/Tsunami Fund. 
 
But we also have been informed by JAF General Secretary Yoshio Sato that JAF has set up an account in its Tokyo Bank to handle relief efforts undertaken by the unions. The bank transfer coordinates there: 
 
Bank Name: Mizuho Bank, Ltd. 
Swift Code: MHBKJPJT 
Branch name: Shiba Branch 
Branch Address: 5-34-7, Shiba, Minato-Ku, Tokyo 108-0014, Japan 
Account Name: Nihon Kagaku Enerugi-Kouzan Roudoukumiai Kyougikai 
Account Number: 054-3316103 
 
Please state in the transfer &ldquo;Earthquake.&rdquo; 
 
Obviously, ICEM and ICEM JAF are very grateful for any and all contributions. And messages of Support and Solidarity can still be sent, addressed to <a href="mailto:icemjaf@blue.ocn.ne.jaf">Yoshio Sato</a>.
Lastly, please take a moment to reflect on the safety and health of the courageous workers, members of JAF affiliate Denryoku Soren, who are working non-stop on the Fukushima Nuclear Power Plant. These and other JAF members who are working around the clock on Japanese security, relief efforts, and tending in so many ways to abate this disaster are the real heroes in the world today. They deserve our Support and Solidarity. 
 
Again, thank you for your efforts. 
 
In Solidarity, 
 
Manfred Warda 
General Secretary

ICEM’s Japanese Affiliates Identify Earthquake Relief

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A wage strike broke out last week in Argentina&rsquo;s Zarate-Campana petrochemical complex when members of the Zarate branch of the Federation of Chemical and Petrochemical Workers&rsquo; Unions (FESTIQyPRA) walked out at six companies. Workers and their unions are seeking 2011 wage hikes over a series of instalments that will keep pace with the country&rsquo;s high inflation rate. 
 
The companies affected include Petrobras, Bunge, Rohm and Haas, Lanxess, Atanor, and Dow. At the Petrobras petrochemical plant, production stopped on 5 March due to the company seeking a safe and orderly shutdown. FESTIQyPRA Zarate is negotiating with the Chamber of the Chemical and Petrochemical Industry (CIQyP), and the sides are now in mediation that is being conducted by the Argentina&rsquo;s Ministry of Work. 
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FESTIQyPRA&rsquo;s Nelson Palacios said workers are justified in asking for a general 25% pay rise, with minimum wage workers expected to gain more. FESTIQyPRA Zarate also seeks a fixed remuneration sum of ARS 2,463 (&euro;437, US$611) added to the base wage between May 2011 and February 2012. 
 
Palacios said the union&rsquo;s proposal calls for 30% of the total to be awarded in May 2011, with other increments to follow in October, December, and in February 2012. Several collective agreements in Argentina are on the brink of dispute, including ones in metals, oil and gas, and in service industries. CGT General Secretary Hugo Moyano has stated that a 2011 increase of 28% is in line for workers to meet the rampant run-up in Argentina&rsquo;s inflation rate. 
 
FESTIQyPRA is affiliated to CGT. The Zarate-Campana petrochemical plants are in northeast Argentina, in Buenos Aires province and situated on the Paran&aacute; River.

FESTIQyPRA Zarate Branch in Argentina Strikes 6 Chemical Companies

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Elefsina, an industrial town on the outskirts of Athens, was the venue for the 38th Congress of ICEM &ndash; affiliated trade union, the Pan-Hellenic Federation of Employees in Petroleum Products, Refineries and Chemical Industry. ICEM Energy Officer, Jim Catterson represented the ICEM at the Congress which brought together several hundred delegates together with guests from the across the political spectrum of Greek political parties as well as international trade union guests from Cyprus, Romania, Serbia, Slovenia, and Turkey.
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The world economic crisis and its effects on the Greek economy with the imposition by government of a severe austerity package was subject to extensive and lively debate, including the messages from both political and international guests who also discussed the RETUN-SEE network of Energy Unions, the future role of Greece as a transit country for gas and petroleum supplies to European Union countries as well as the changing economics and structures of European petroleum refining. 
 
The Congress elected a Presidium to guide the union&rsquo;s work in the next Congress period. It will elect the President and other leading officials of the union at its first meeting. 
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Prior to the Congress the union arranged a first meeting between ICEM and senior management of Hellenic Petroleum, a significant multinational involved in Petroleum refining and distribution throughout the Balkans, as well as exploration in both Macedonia and Egypt. Jim Catterson was able to describe ICEM priorities in the industry including Global Framework Agreements as well as discuss in general the challenges facing the industry, ranging from the Deepwater Horizon disaster in the Gulf of Mexico to the present turmoil in the Middle East and North Africa.

Petroleum, Energy Workers of Greece Celebrate 38th Congress

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The 28 affiliates of the Confederation of Trade Unions of Slovakia (KOZ) have the antidote for centre-right coalition government intent on imposing dreaded labour laws reforms in the Central European country. KOZ and its trade unions have launched a petition drive to change the eight-hour work day to one of seven and a 25-hour work week, with no reduction in salaries. 
 
The campaign already has the necessary 350,000 signatures needed to put an initiative up for vote under Slovakia&rsquo;s referendum law. But the unions will continue collecting signatures, in part, to galvanise support against Prime Minister Iveta Radicova&rsquo;s labour code revisions to cut worker protections. 
<img alt="" src="" width="140" height="142" />
KOZ has drawn up a draft referendum that poses three questions to Slovak citizens: Do you want to preserve the current system of worker protections? Do you agree that overtime work should be limited to 80 hours per year? Do you want working time shortened to 35 hours per week? 
 
Leaders in the ruling coalition parties claim that if accepted, employers will reduce costs by furloughing workers. But union leaders argue that reducing the number of work hours can produce jobs if fair and socially correct policies are enacted by the government. 
 
The labour-friendly Smer-Social Democracy Party is the one political party supporting KOZ&rsquo;s campaign. 
 
In order for a plebiscite to become effective in the Slovak Republic, at least 50% of voting-age people must turn out for the referendum vote. Since 1993, the country has held seven such plebiscites and only once has achieved the necessary 50% &ndash; in 2003 when Slovakian citizens voted to join the EU.

Slovak Trade Unions Campaign for 7-Hour Work Day

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ICEM-affiliated mineworkers&rsquo; unions know the difficulties in dealing with Rio Tinto, whether it is collective agreements or the charades the company plays to deny legitimate rights for train drivers in western Australia&rsquo;s rich iron ore region. Now an Australian union has set as goal organizing the unorganized plants of Rio Tinto Alcan, the mining giant&rsquo;s aluminum smelting subsidiary there. 
 
The Australian Workers Union (AWU) is currently ramping up a recruiting drive at Alcan factories in Tasmania, Queensland, and the Northern Territory and without surprise, is meeting fierce resistance by Rio&rsquo;s managers. 
 
AWU kicked off its union campaign to deliver better wages and benefits to all workers at Alcan plants last month at its National Delegates Conference. The union intends to do that by recruiting wall-to-wall, or every worker at smelting facilities in Bell Bay, Tasmania, and Yarwun and Boyne Island, Queensland, that does not carry a union card. 
 
AWU began the drive in earnest last week by placing advertisements in Tasmanian newspapers alerting the public and workers at Alcan&rsquo;s Bell Bay smelter that Tassie staff are paid far less than at two union-represented smelters of Alcoa in Victoria. The ads, titled &ldquo;Tassie Workers Deserve Better: Fair Go &ndash; Rio Tinto,&rdquo; reveal that Alcoa operators earn up to A$20,000 more per year than operators at Bell Bay. 
<img alt="" src="" width="188" height="251" />
AWU Newspaper advert 
Photo: AWU 
It was at Bell Bay, in northern Tasmania, in late February where the AWU won a health and safety victory for the 550 workers there. Late in February, a state Justice Department of Justice secretary issued a definitive ruling that AWU representatives must be allowed access to break areas of the plant to consult with union members over safety and work issues. The company had appealed a Tasmania Supreme Court judgment giving the AWU right-of-entry. 
 
Alcan managers at Bell Bay have undertaken vigorous litigation to block access by attempting to restrict union consultation with workers to outside conference rooms, areas where such meetings are in full view of managers. (See previous <a href="/en/78-ICEM-InBrief/4195-Court-Tosses-Rio’s-Australian-Appeal-on-Safety-‘Right-of-Access’">ICEM InBrief report</a>.) Right-of-entry to lunch rooms is seen by Aussie unions as a pivotal point under Fair Work Australia in order to rid fear and intimidation as factors in workers choosing union membership. 
 
Alcan &ndash; and Rio Tinto &ndash; resistance to unionization was also seen recently at an Alcan facility called Gove Alumina in the Northern Territory. There, members of the Australia Manufacturing Workers Union (AMWU) have since 2008 rejected three times in enterprise bargaining a demand from Alcan to change roster scheduling at the 403-worker refinery. 
 
Despite enterprise bargaining talks still in effect, last week a leaked e-mail surfaced revealing that Alcan management had advised that the next set of talks not include the designated AMWU representatives. Such an attempt to circumvent the union is a serious breach of Australian federal labour law. 
 
The anti-union bias pattern that Rio&rsquo;s Alcan managers use is best summarized by a labour leader in central Queensland, where AWU is seeking worker power and workplace gains at Yarwun and Boyne Island, both sites that have low union membership. The Gladstone Branch president of the Queensland Council of Trade Unions, Craig Giddens, described the difference between construction of the Yarwun facility and commencement of production, a point when Alcan installed security cameras and heavy locked gates. &ldquo;Whenever we go&rdquo; to meet with workers, Giddens told newspaper reporters, &ldquo;we&rsquo;re locked in an office at the front (and) there&rsquo;s a security camera at the front so management can watch who comes down.&rdquo;

Australian Union Seeks ‘Wall-to-Wall’ Recruitment at Rio Tinto Alcan

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In April, the National Union of Metalworkers of South Africa (NUMSA) will begin searching for union members in the metals and engineering sector who retired between 1980 and 2001. The reason is that NUMSA last month won a long-running battle through arbitration with South Africa&rsquo;s Steel and Engineering Industry Federation. 
 
The arbitrated judgement is an award for R20 billion (&euro;209 million, US$290 million) in surplus pension funds that had been withheld by the employers&rsquo; federation for decades. 
 
NUMSA fought in court and through negotiation channels for the right to disburse the surplus entitlement funds. The money was accumulated in both the Engineering Industries Pension Fund and the Metal Industries Provident Fund since the 1950s. 
<img alt="" src="" width="130" height="78" />
The surplus was accumulated and held when worker contributions to the funds were never paid out to staff who had not reached the vesting scale of ten years employment, or when NUMSA members failed to claim pensions when they retired or resigned. ICEM-affiliated NUMSA began battling for disbursement in 2001, but the case was not resolved because employers imposed many legal entanglements to block any disbursement. 
 
The Steel and Engineering Industry Federation insisted that South Africa&rsquo;s Labour Relations Act (LRA) apply in settling the issue. NUMSA and the Financial Services Board argued that surplus monies should come under the Pension Fund Act because the LRA had no provision for addressing pension issues. Finally, in 2008, the LRA was amended to address pensions and the two sides began negotiations. It was resolved in February through arbitration in the union&rsquo;s favour. 
 
Some 1.5 million former and current NUMSA members will now benefit. A total of R11 billion (&euro;115 million, US$160 million) will be paid out to former or retired members, while R9 billion (&euro;94 million, US$130 million) will go into existing funds to buoy those funds for the benefit of current NUMSA members. 
 
Said NUMSA National Benefits Coordinator Samuel Tsiane, &ldquo;Now it becomes our task to locate former members to deliver what belongs to them.&rdquo; Tsiane said a small part of the pay-out will go to the union to achieve this and in April, NUMSA will utilise 450 people to conduct an initial ten-day blitz to identify retired or former metal or engineering staff. The pay-outs are expected to start being made in September.

NUMSA Wins 20-Billion-Rand Surplus Pension Case

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A precedent-setting case for South African miners was won in the nation&rsquo;s highest court on 3 March. The landmark case is expected to allow thousands of miners stricken with life-threatening respiratory and other diseases to sue companies under common law in South Africa. 
 
The Constitutional Court ten days ago overturned a Supreme Court of Appeal judgement and grants a former AngloGold Ashanti worker the right to sue the company for contracting silicosis. The worker, Thembekile Mankayi, died six days before the monumental ruling, and now it is up to his family whether or not to continue the case. 
 
The Supreme Court and a lower court had ruled against Mankayi because he had received compensation under South Africa&rsquo;s Occupational Diseases in Mines and Works Act (Odimwa). He had received a paltry R16,320 (&euro;1,706, US$2,350) after it was determined he was ill with tuberculosis and silicosis from AngloGold&rsquo;s silica quartz dust after working inside the Vaal Reefs mine from 1979 to 1995. 
 
The Supreme Court of Appeal upheld a June 2008 Johannesburg High Court ruling dismissing Mankayi&rsquo;s claim of R2.6 million (&euro;271,800, US$374,400) against AngloGold for lost income and other compensation. Mankayi was seeking the monetary judgement under South Africa&rsquo;s Compensation for Occupational Injuries and Diseases Act of 1993 (Coita). In upholding the lower court, the Supreme Court stated that Section 35(1) of Coita barred a worker from bringing a claim against an employer once that worker collected under Odimwa. 
<img alt="" src="" width="100" height="142" />
NUM General Secretary Frans Baleni 
But in the 3 March ruling, Constitutional Court Judge Sisi Khampepe ruled that the Supreme Court &ldquo;had erred in concluding&rdquo; the two pieces of legislation had the same compensatory structure, adding the difference between the two was apparent. 
 
&ldquo;If Coida removes Mr. Mankayi&rsquo;s common law right to claim compensation for negligence, employees in his position &hellip; would be left without an effective remedy to rectify the harm caused by the negligence of employers,&rdquo; Khampepe wrote, adding, &ldquo;Mineworkers, African (ones) in particular, have contributed enormously to this country&rsquo;s wealth at great cost to themselves and their health. The impugned legislation affects many vulnerable members of society.&rdquo; 
 
Judge Khampepe ordered AngloGold to pay the court costs for Mankayi, and the ruling opens the way for his family to return to the Johannesburg High Court to again lay claim to R2.6 million. In a statement following the 3 March judgement, the company said if the executor wishes to pursue litigation there, &ldquo;AngloGold Ashanti will defend the case on its merits.&rdquo; 
 
Sadly, Thembekile Mankayi died of the disease on 25 February, leaving a wife and ten children. 
 
ICEM affiliate National Union of Mineworkers (NUM) hailed the high court&rsquo;s ruling, calling it an achievement and a breakthrough. &ldquo;For many years mining employers had sent hundreds of thousands of poor, sick miners home to die,&rdquo; said General Secretary Frans Baleni. We will remain &ldquo;at the forefront of ensuring that employers pay for their long forgotten sins.&rdquo;

South African High Court Overrules AngloGold in Landmark Silicosis Case

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