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Global worker No1 2022

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Policy positions differ in the trade union movement, both at national and international levels concerning the use of temporary work agencies. Views vary from total bans on such agencies, to partial bans, to strict regulation. There are also differences as to on what basis workers should be covered by collective bargaining agreements. However, there are certain views shared by all Global Unions. 
 
The first principle is that the primary form of employment shall be permanent, open-ended and direct employment. 
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Concerns and challenges 
 
The use of workers provided by temporary work agencies raises concerns and challenges for trade unions. This includes the effect that the use of temporary work agencies has on workers with regular and permanent employment as well as on the conditions under which work is performed by workers engaged through such agencies. The triangular relationship between the worker, the user enterprise and the temporary work agency that supplies the worker can undermine labour and social protection, as well as the effective realisation of the right of all workers to form or join trade unions and to bargain collectively. 
 
Agency workers must be specifically guaranteed the right to join a union with a collective bargaining relationship with the user enterprise and be part of a bargaining unit comprising direct employees of the user enterprise and be covered by all collective bargaining agreements applying to the user-enterprise. 
 
Using temporary work agencies as a way of replacing direct and permanent employment 
 
There may be legitimate demand-driven or business reasons for using temporary agency workers, including surges of work and seasonal employment, although such work can also be performed through direct employment. However, not all reasons for using temporary agency work are related to staff shortages or the &ldquo;fluctuation of business&rdquo; and it has become common to use temporary agency workers to fill previously permanent and direct positions and to reduce costs. Increasingly, workers provided by agencies are used to fill &ldquo;core&rdquo; jobs but are not given any opportunity to transition to direct permanent employment. In a growing number of instances, entire workforces are provided by temporary work agencies. 
 
Using temporary work agencies to adversely change employment conditions, avoid social responsibilities and evade laws 
 
Employers often use temporary agencies in order to avoid their legal obligations. This can and does lead to abuses such as social dumping and all kinds of discrimination. Work then becomes precarious and workers are denied the employment rights and working conditions to which they would otherwise be entitled. Sometimes these agencies are creations by the company or employer concerned, with the user enterprise becoming the sole client. 
 
Workers provided by agencies frequently receive significantly lower compensation than regular employees performing the same work. Such workers are also often not entitled to the same levels of social protection, such as retirement provision, the right to unemployment compensation, sickness benefits or maternity leave. Employers commonly do not invest sufficiently in the education or training of agency-supplied workers. Inadequate education and training may undermine the quality of service provided by the agency workers, while lack of training on health and safety increases the risk of occupational accidents and diseases. 
 
The cost of downsizing is lower if temporary agency workers are engaged because ending a commercial contract is often less costly than terminating an employment relationship. In various countries and sectors, the financial crisis resulted therefore in massive job losses for temporary agency workers, who are not generally entitled to any of the compensations that are required to be paid in the case of forced redundancies. This experience heightens the danger that as economies recover, employers will increasingly favour temporary agency work as a means to avoid the costs of terminating regular employees. This would add additional instability and volatility to the economy. 
 
Where more and more workers are made &ldquo;disposable&rdquo;, many business risks are shifted from employers to workers. 
 
Using temporary work agencies to weaken trade unions, avoid collective bargaining or prevent union organising 
 
Employers are, at times, deliberately using temporary work agencies to reduce the number of workers covered by collective bargaining at their enterprises or to prevent unorganised sections of the workforce from seeking union representation and exercise their right to bargain with the user enterprise, which effectively controls terms and conditions of employment. 
 
One of the principal reasons why workers do not form or join trade unions is fear of discrimination or dismissal. Temporary agency employment increases this fear because it is a way to avoid dismissal legislation, which has the effect of, indirectly, protecting the right to organise. Too often, contracts are simply ended. In addition, temporary agency employment reduces the workers&rsquo; stake in an enterprise, as well as the opportunity to participate in trade unions. 
 
The use of workers supplied by temporary work agencies to replace striking workers or to undermine industrial action at a user enterprise is a serious violation of trade union rights. 
 
Using temporary work agencies as a means of exploitation. 
 
Where temporary work agencies are permitted to operate, they must be properly regulated and monitored in order to prevent abuses of workers, such as human trafficking or fee charging in cross border placements. When agencies involved in recruiting workers in one country for work in another country charge fees to the workers concerned instead of to the user enterprise, those abuses lead to extreme exploitation, including bonded or slave labour. All recruitment fees, including visa, transportation and hiring fees, must therefore always be borne by the user enterpriser. 
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Fundamental principles on temporary work agencies 
 
&bull; The primary form of employment shall be permanent, open-ended and direct employment. 
 
&bull; Workers provided by temporary work agencies must be accorded equal treatment and opportunities, including equal pay for equal work, with regular and permanent employees with respect to terms and conditions of employment. 
 
&bull; Workers employed through temporary work agencies must have a recognised and enforceable written contract of employment, specifying their terms and conditions of employment. 
 
&bull; Where agencies are permitted to operate, they must be strictly regulated, including through licensing. 
 
&bull; Temporary work agencies must not be used to eliminate permanent and direct employment relationships, diminish the conditions under which work is performed, avoid collective bargaining relationships with trade unions or effectively make it impossible for an agency worker to join a trade union. 
 
&bull; Employers should consult trade unions before agency workers are used and negotiate over any effects that the use of these agency workers might have on regular employees, on working conditions or on the collective agreement. 
 
&bull; The use of temporary agencies should be restricted to cases of legitimate need. As a minimum, there should be defined limits on the use of agency workers, as well as restrictions on the duration of such employment. 
 
&bull; Workers provided by temporary work agencies must be guaranteed access to information on health and safety regulations in the workplace and be given the same equipment, induction and training as permanent workers. 
 
&bull; Adequate and continuous social protection for agency workers, including social security coverage, must be ensured by employers and government alike. 
 
&bull; Temporary work agencies must treat workers without discrimination on the basis of race, ethnic origin, colour, sex, sexual orientation, religion, political opinion, nationality, social origin, age, disability or any other form of discrimination. Appropriate regulatory frameworks (governmental, co-regulation or self-regulation) on private employment agencies should include and promote these principles, rights and obligations. These include the minimum standards outlined in ILO Convention No. 111. 
 
&bull; Given the general over-representation of women in agency employment and the disparity in wages between permanent and agency workers, particular attention must be given to ensure that the equal pay provisions of Convention No. 100 are applied, including equal pay for work of equal value. 
 
&bull; The ILO should play a much more active role in ensuring that temporary employment agencies respect basic labour standards, as well as in collecting data on abuses and best practices, while at the same time monitoring and analysing trends in employment in both the private and public employment agency sector. This research should focus on issues relating to the economic crisis and the Global Jobs Pact. The Global Unions should participate in this work. 
 
&bull; Workers supplied by temporary work agencies must never be used to replace striking workers or undermine industrial action. 
 
&bull; Temporary work agencies must not charge any fees to workers for dispatching them. 
 
&bull; The user-enterprise must be held liable for all financial and other obligations with respect to temporary agency workers should the agency fail to honour its responsibilities. 
 
 
Principles of public policy with respect to temporary agency work 
 
&bull; Governments have the responsibility to protect the interests of society in stable employment relationships and to ensure the applicability of labour law, the branch of law developed to protect workers in both public and private sectors, in their unequal relationship with employers. 
 
&bull; Governments can limit or ban the use of temporary work agencies in order to protect these broader societal interests. 
 
&bull; Government must set strict regulations and licensing conditions if agencies are permitted to operate. 
 
&bull; Governments should consult trade unions on issues related to working and employment conditions of the agency workers, as well as on conditions of use of temporary agency work prior to making changes in the regulatory framework. 
 
&bull; The respective roles, obligations and rights of the workers, the temporary work agency and the enterprise using the worker must be clarified when there is an employment relationship between a temporary work agency and a worker. 
 
&bull; Governments must take genuine and concrete measures such as changes in legislation to ensure that workers dispatched by temporary work agencies are able to effectively exercise their right to join or form trade unions. This includes the right to join a union with a collective bargaining relationship with the user enterprise and be part of a bargaining unit comprising direct employees of the user enterprise and be covered by all collective bargaining agreements applying to the user-enterprise. 
 
&bull; Governments should strengthen labour inspection, including through providing adequate resources, in order to effectively apply labour law and regulations to employment via temporary work agencies. 
 
&bull; Governments should provide effective mechanisms to protect all workers from health and safety hazards and ensure health &amp; safety conditions of temporary agency workers are the same as of permanent ones. Governments should introduce sanctions for user-enterprises, public and private, not complying with health &amp; safety requirements. 
 
 
Migrant workers dispatched through temporary agencies face specific problems. 
 
&bull; Migrant workers should receive details of their living and working conditions in a language they understand before leaving their country of origin. 
 
&bull; Governments must take active measures to prevent human trafficking and the exploitation of migrant workers by labour intermediaries, both public and private, including temporary work agencies. 
 
&bull; Governments should ensure that immigration legislation governing migrant workers recruited through agencies does not conflict with labour laws by imposing restrictions on migrant workers&rsquo; rights to join trade unions or bargain collectively. 
 
&bull; Workers should not be required to pay deposits, visa, transportation and hiring fees. In the case of agencies dispatching workers to other countries, the agencies should be required to repatriate workers in the event that their employment ends or the user company disappears. 
 
&bull; Workers must not be required to surrender their passports or other travel or identity documents. 
 
&bull; Temporary migrant workers should have full rights to legal redress in the country where they work.

Global Union Principles on Temporary Work Agencies

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Svetlana Klochok was elected to lead the ICEM affiliate, Belarusian Chemical, Miners&rsquo;, and Oil Workers&rsquo; Union (Belchimprofsoyuz) early this month, despite heavy intrusion by the national labour centre Federation of Trade Unions of Belarus (FPB) and its president, Leonid Kozik. The election and Belchimprofsoyuz&rsquo;s Fifth Congress took place on 3 June in Minsk. 

During the final week of preparations for the Congress, strong pressure was exerted on the 197 delegates to place into leadership a colleague of Kozik&rsquo;s. The effort failed and Klochok won in a free and democratic vote of delegates, signaling a very strong slap to FPB for meddling in the internal affairs of an affiliated union. 

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Klochok had served as Vice President of the union. She succeeds Ludmila Grushetskaya who, after many years leading the union, decided not to run for re-election. 
 
The Congress took note of the global financial crisis, and despite it, the Belchimprofsoyuz secretariat reported the union did remarkably well in protecting working collectives, particularly in the oil and chemical industries. It achieved higher salary levels and maintained the number of jobs at levels near the number before the crisis. 
 
Some 90% of all workers in Belchimprofsoyuz&rsquo;s sectors are union members. The union&rsquo;s membership is 153,000, and it added 12,000 new members over the past four years. 
The Congress was attended by international trade union delegates from Russia and Italy, and the ICEM was represented by its Central Europe and Eastern Europe/Central Asia Coordinator Anatoly Surin. 
 
The ICEM welcomes the new President of Belchimprofsoyuz, Svetlana Klochok, and looks forward to continued good and fruitful relations with the Belarusian union.

Belarus Affiliate Wards Off National Centre Interference, Elects Democratic President

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From 1-3 June, the second meeting of unions organizing in Spanish multinationals was held in Bogot&aacute;. It was attended by 25 trade unions from across Latin America. The meeting was organized by ISCOD, the Spanish Trade Union Development Institute that is connected to one of Spain&rsquo;s national labour centres, the UGT, as well as ICEM and Union Network International (UNI). 
 
The main objective of the meeting was to monitor the activities and to provide for measures to assure trade union rights are adhered to in Spanish multinationals. The activities must be geared to strengthening union organization, promoting unity processes, and reinforcing trade union alliances as well as campaigns for equality. 
 
Representatives were present from the private oil and gas workers&rsquo; federation of Argentina, CNQ Brazil, Sintraelecol of Colombia, and UGT delegates from Endesa, Gas Natural-Fenosa, and Repsol in Spain. 
 
One of the aims of holding the meeting in Colombia was to address the issue of murders of trade unionists. Sub-contracting in Colombia as it contributes to union busting is a further concern. The recent passing of the Free Trade Agreement between Colombia and the European Union was one further topic of discussion. The meeting demanded assurances for respecting trade unions, citizens and consumers.
<img src="" width="120" height="131" alt="" />
ICEM Latin American/Caribbean Region Vice Presdient Sergio Novais&nbsp;
Sergio Novais, ICEM Vice-President for the Latin American/Caribbean Region, said, &ldquo;At this second meeting, we insist that multinationals have the same conduct in Latin America as they do at home. In the specific case of Colombia, there is no guarantee that trade union leaders can perform their duties with impunity. ICEM has seven affiliates in Colombia, and leaders of all of them have to carry out their activities with bodyguards. We have been denouncing this outrage for many years.&rdquo; 
 
The participants were concerned about the impacts of the crisis in Spain and the possible effects on Spanish multinationals and their employees in Latin America. A more profound exchange of experience was seen to be one way to avoid abuses. This project is on-going through the auspices of ISCOD and ICEM&rsquo;s Spanish affiliate, the FIA-UGT, who are thanked and congratulated for their support.

Murders, Union Rights Discussed at Observatory of Spanish Firms in Bogotá Meeting

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On the heels of a gainful first contract victory against with Covanta on the US east coast, a branch of the ICEM affiliate Utility Workers Union of America (UWUA) mounted another mobilisation in the US Midwest to stave off unneeded concessions, winning another excellent collective agreement. 

This one was with DTE Energy, the electric and gas provider that formerly was known as Detroit Edison. Some 4,000 UWUA Local 223 are now voting on a three-year labour agreement that will give them 3% annual salary increases, plus a US$750 contract signing bonus.
<img src="" width="220" height="146" alt="" />
&nbsp;UWUA President Mike Langford, at 1 June Local 223 meeting. At left, Executive Vice President Steven VanSlotten and Local 223 President Rich Hawkins. At right, Local 223 President Jim Harrison
The proposed agreement, negotiated in contentious bargaining that went right up to the 6 June expiry of a prior three-year agreement, came primarily because of workers&rsquo; anger in being presented with concessionary proposals by a company posting rich (US$230 million) net profits in first quarter 2010, and then handsomely rewarding its top executives. 

DTE Energy had proposed huge increases to the portion of worker-paid health care coverage, elimination or cuts to retiree health care, and the stripping of job security provisions. On 1 June in a fiery, over-full mass union meeting that needed the police of Livonia, Michigan, for crowd control, Local 223 members voted 97% to give strike authorization to the bargaining committee. 

Workers were angry that they contributed US$100 million in continuous improvements at Edison and MichCon. At the mass meeting, UWUA President Mike Langford said, &ldquo;The national union will not allow this to happen. We won&rsquo;t let DTE line the pockets of executives while it empties the wallets of our workers.&rdquo;
<img src="" width="300" height="200" alt="" />
Local 223 members turned out in force on 1 June to resist DTE Energy&rsquo;s takeaways&nbsp; 

Bargaining resumed the next day and by the time weekend (4-6 June) talks concluded, the company had moved from its entire slate of concessions. &ldquo;We&rsquo;re proud that we were able to work together to achieve an outcome that values our employees, serves our customers and supports Michigan&rsquo;s economic recovery,&rdquo; appropriately stated the company in a joint news release. 

UWUA Local 223 represents electric line workers, skilled trades-persons, technical staff, power plant operators, electric and gas service and distribution workers, and customer service, office, and clerical staff. Local 223 members also serve as first responders in times of crisis and in times of life and death situations in Detroit and surrounding communities.

US Utility Workers Win Again, This Time with Detroit Electric Company

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UK&rsquo;s Unite the Union held its first Policy Conference 31 May to 3 June at the Manchester Central Convention Complex with 700 delegates present. Entitled &ldquo;Working for Working People,&rdquo; the biannual event was the first jointly held conference since the 1 May 2007 merger between the Transport and General Workers Union and Amicus that created Unite. 

Central themes of the four-day conference included winning back the British Labour Party for working people, keeping a sturdy manufacturing base in the UK, stopping erosion of public services and public sector workers against Tory assaults, and addressing the bullying affront by British Airways against the union&rsquo;s cabin crew members. 

The conference also took up several intentional topics, including support for Canadian strikers of the United Steelworkers (USW) at mining company Vale, strong condemnation of Israel&rsquo;s aggressive policies against Palestinians, support to Latin American unions resisting capitalist demands, and, closer to home, a hearing over the lack of rights for Unite&rsquo;s Moroccan members working in Gibraltar.
<img alt="" src="" width="302" height="193" />
Tony Woodley, USW&rsquo;s Gerald Fernandez, Canadian Vale striker Bob Belowos, United Executive Council Chair Tony Woodhouse, and Derek Simpson&nbsp; 

Some 180 policy issues were tabled. 

The biggest debate occurred on 2 June over whether or not Britain ought to scrub its &pound;76 billion Trident nuclear weapon system when its service life ends in 2024. The debate centered on peace and disarmament versus jobs and workers&rsquo; livelihoods, with discussion on how cancelling the programme can liberate monies for public services, such as health, education, and social services. After a fierce debate, Unite&rsquo;s Executive Council recommendation for peace and disarmament won out. 

On 2 June, UK&rsquo;s Trades Union Congress (TUC) Secretary General Brendan Barber spoke. He said that manufacturing must become the centerpiece of a new economy. &ldquo;Whether it&rsquo;s high-speed trains or electric vehicles, whether it&rsquo;s wind turbines or more efficient airplane engines, we have the skills, the experience, and the expertise to build them here.&rdquo;
<img alt="" src="" width="180" height="120" />
Woodley and Simpson
Barber lashed out at the consequences hoisted on British society by financiers. &ldquo;It is just plain wrong that our schools, hospitals, and local councils should pay the price for a crisis inspired by the free-market dogma, created in the City of London, and caused by the richest minority of the richest minority.&rdquo; 

Unite&rsquo;s Joint General Secretary Tony Woodley had harsh words for the Labour Party. &ldquo;It is a scandal that at the end of 13 years of Labour government, the right to strike is hanging by a thread. (It is) at the mercy of employers who would rather sue than settle, and Tory judges who &hellip; think strikes are OK as long as they don&rsquo;t inconvenience the bosses. 

&ldquo;So I want to make one thing clear to all Labour leadership contenders. Our vote should only go to the candidate who pledges &ndash; unequivocally, no mealy-mouthed phrases, to do what Labor was set up to do &ndash; create a level playing field at work, and scrap the anti-union laws.&rdquo;
<img alt="" src="" width="240" height="160" />
&nbsp;Unite Delegates Voting on a Policy Measure 

Speaking on the conference&rsquo;s final day, 3 June, Joint General Secretary Derek Simpson &ndash; who will retire at year&rsquo;s end &ndash; addressed Unite&rsquo;s merger coordination with the United Steelworkers of North America, called Workers Uniting. He said it was the UK&rsquo;s failure to implement social partnership models, common throughout Europe, which has left the markets to rule in the UK &ndash; as well as in the US. 

&ldquo;If you need to fight the employer on a multi-national field,&rdquo; said Simpson, &ldquo;you need a multi-national union and the USW feels the same way.&rdquo; 

While Simpson will retire this year, Woodley will follow him to retirement in the next calendar year. Unite branches are conducting nominations and five candidates announced their intent to succeed Woodley, with elections to start in October of this year.

UK’s Unite Takes Policy Initiatives at First Tactical Conference

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The ICEM affiliate, Turkish Electricity Authority of Cyprus Workers&rsquo; Trade Union (EL-SEN), conducted its General Assembly on 10 July 2010. The assembly was convened under the banner of anti-privatisation in the capital city Nicosia in central Cyprus. 
 
President Tuluy Kalyoncu was re-elected to continue as head of the trade union, with 171 votes, while a second candidate received 24 votes. 
 
The only candidate for General Secretary of EL-SEN, Huseyin Sonmezoglu, was re-elected to that position. The newly elected Executive Board will consist of Turgut Evlat, Ozan Alciner, Subhi Ozpasa, Ercan Koseoglu, Orhan Gurgoze, Ozgur Uzuner, Caglayan Cesurer, Toprak Altay, and Kamil Ozinal. 
<img height="159" src="" width="320" alt="" />
Bulent Erzeybek was elected as Assistant Secretary General, while Suphi Ozpasa was elected Financial Secretary, Ercan Koseoglu Education Secretary, Saffet Asiksoy Foreign Relations Secretary, Huseyin Korkmaz Organizing Secretary, Ozgur Uzuner Social Affairs Secretary, and Serhan Kayar was elected as Secretary of Propaganda. 
 
The General Assembly adopted four resolutions. Delegates resolved to struggle for peace and a solution to the Cyprus problem. Also prioritised was the need to continue education programmes for members. 
 
Delegates adopted a strong resolution against the government&rsquo;s moves toward privatisation of the Turkish Electricity Authority of Cyprus (KIB-TEK). Congress accused the government of misleading the public on the financial condition of the company. 
 
ICEM General Secretary Manfred Warda wrote to congratulate EL-SEN on its successful Congress.

Turkish-Cypriot Electricity Workers’ Take Stand Against Privatisation

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The ICEM-affiliated Mongolian union, the Federation of Energy, Geology and Mining Workers' Trade Unions (MEGM), hosted ICEM General Secretary Manfred Warda and Asia-Pacific Regional Contact Person Phee Jung-sun recently. 
 
Warda commended accelerated development in Mongolia over recent years, noting significantly improved infrastructure in the country. It is positive for the country that foreign investment has increased rapidly, and resource-rich Mongolia can benefit from such investment through exploration and development of gold mines and construction of power plants. Major investors are from Canada, China, and the US. 
 
MEGM President Gambold indicated that union members are facing new challenges through this period of foreign investment. Government and employers are attempting to change current labour laws toward creating a more &ldquo;flexible&rdquo; labour market in order to &ldquo;adapt to the global economy.&rdquo; 
<img src="" width="180" height="79" alt="" />
This means fewer restrictions on temporary work agencies, increasing the numbers of precarious jobs in the country. This is being countered by trade unions of Mongolia, which have created a new working group that will submit a counter proposal to the proposed legislation. 
 
The government is introducing a programme of privatisation of state-owned enterprises in the telecommunication and energy sectors. A number of major investment contracts with foreign companies are due to be signed during the second half of 2010. 
 
The ICEM, working with the local ILO office, the International Trade Union Confederation (ITUC), and other Global Union Federations, will be supplying technical assistance for these critical issues to be addressed, so as to build a firm foundation for sustainable development in Mongolia, in line with ILO international labour standards. 
 
The experiences in many Asian countries, notably Korea and Vietnam, on business contracts with foreign companies are that these foreign companies often demand long-term contracts that are unacceptable with respect to labour protections and profit sharing. 
 
&ldquo;It is my sincere hope and firm belief that Mongolian government should listen to opinions of social partners. Through social dialogue and consensus, the government can build the confidence and mutual faith,&rdquo; stated Warda.

ICEM Shores Up Support to Mongolian Affiliate to Combat Privatisation, Contract Labour

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Thailand&rsquo;s Tripartite Industrial Relations Committee (IRC) ruled that French-based Michelin has violated provisions of the Industrial Relations Act 1975, and ordered that management at the Laem Chabang tyre factory reinstate 12 activists &ndash; members of ICEM-affiliated Petroleum and Chemical Workers&rsquo; Federation (PCFT) &ndash; to their rightful jobs. 
 
The ruling was given on 24 June, but notification and official documentation of the unfair labour practices complaint did not come to the PCFT until 20 July. The12 had been unfairly discriminated against by Michelin since leading a two-month dispute and company lockout at the plant in March and April 2009. 
 
The 12 had been kept on Michelin&rsquo;s payroll, but were assigned to a government-run skills centre in efforts to keep them away from the 1,800-member workforce. They refused the assignments, citing violations of their rights. 
<img alt="" src="" width="200" height="181" />
Standing, center, Michelin plant-level PCFT President Thanakorn Somsin (fist raised) and Secretary Sommoi Prawai (on his left), together with founders of the PCFT branch union 
The IRC ruling orders Michelin to provide work inside the factory to the 12 in positions not lower than their previous postings, and to do so within ten days. 
 
The dispute started when Michelin, in March 2009, attempted to institute 35% wage cut to everyone at the Chonburi Province plant. A petition surfaced protesting the unilateral cuts and managers then punished workers who refused to remove their names from the petition by locking them out of the factory. After unionists blockaded the plant, some were jailed, while Michelin supervisors filed criminal complaints against the union organisers. 
 
Even though tri-partite negotiations produced a partial resolve on 28 April, including recognition of the newly-formed plant union as part of PCFT, Michelin continued to discriminate against union leaders. The recent IRC ruling means that all union activists should be legally reinstated. 
 
Some 700 workers at Laem Chabang have taken up PCFT membership. Michelin has a 90% stake in three Thai tyre plants, the PCFT-represented Phra Padaeng factory in Samut Prakarn, the non-unionised Nong Khae plant in Sarburi, and Laem Chabang. The Siam Cement Group owns the minority shares in the three tyre plants.

Thai Labour Court Orders 12 Michelin Union Activists Back to Work

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US public criticism against a CEO and against his company in the wake of the deadly West Virginia coal mine explosion on 5 April has triggered measures for better and tighter overall workplace safety standards in the US Congress. The proposals stand as the first significant overhaul to the Occupational Safety and Health Act (OSHA) in its 40-year history. 
 
A panel of the US House of Representatives&rsquo; Education and Labor Committee gave approval, with a 30-17 vote on 21 July, to HR 5663, the Miner Safety and Health Act. The proposed legislation would finally put teeth into America&rsquo;s federal safety and health statute, and comes at a time when the US public is angry over the arrogance and power exhibited by companies following job-place deaths and ecological disasters, like BP&rsquo;s Deepwater Horizon explosion and deaths in the Gulf of Mexico. 
 
The lightning rod for the tougher safety standards in the US continues to be Massey Energy and its CEO, Don Blankenship. It was at Massey&rsquo;s Upper Big Branch mine near Montcoal, West Virginia, on 5 April, that a methane gas blast killed 29 non-union miners in a colliery where workers were ignored when they spoke up against poor air quality. Blankenship has used the deaths, contemptibly, to argue for less oversight by the US Mine Safety and Health Administration (MSHA) and more reliance on business instincts in order to improve safety. 
<img src="" width="110" height="110" alt="" />
The proposed legislation is sweeping, and would lift the US statute to the level of some of the best safety laws in the world. OSHA violators could be charged with felony crimes, carrying heavy jail sentences and fines. It would grant expedited hearing, review, and protection in all-important whistle-blower cases, and it would give the US Labor Department&rsquo;s safety agency heightened power to shut unsafe workplaces. 
 
An existing but non-functioning &ldquo;pattern of violation&rdquo; status in the existing law would be given tougher enforcement mechanisms with strong penalties attached, and families and relatives of victims would receive more rights in the proposed legislation. 
 
Also in mining, workers would be given the undeniable right to refuse unsafe work and MSHA would have the power to shut down a mine without waiting for a company&rsquo;s appeals to exhaust, a common tactic used by Massey to continue production after safety violations are issued. At Upper Big Branch, Massey had been repeatedly cited for dust and ventilation problems, but the company&rsquo;s appeals caused penalties to be reduced and safety deficiencies to continue. 
 
Business and industry interests at the committee hearings in Washington, DC, opposed an updated OSHA, saying the proposed revisions are too much, too fast. 
 
That caused United Mine Workers of America (UMWA) President Cecil Roberts to say, &ldquo;If we&rsquo;re asking ourselves, &lsquo;Are we moving too fast?&rsquo; maybe we should ask ourselves if we&rsquo;re moving too slow, because miners keep dyin&rsquo; in our nation&rsquo;s coal mines.&rdquo; 
<img src="" width="100" height="139" alt="" />
UMWA President Cecil Roberts
The increase in US mining deaths to date in 2010 is markedly up, and on a pace not seen since the 1980s when US mining employment was half what it is now. So far in 2010, 40 miners have been killed, nearing the most recent record of 47 in 2006. 
 
Thirty-one of the 40 deaths have occurred at Massey collieries. On 1 July, an electrician was crushed to death by a coal-laden shuttle car inside Massey&rsquo;s non-union White Buck Coal Co. mine in West Virginia. And on 10 May, another miner was crushed between machinery and a longwall at Massey&rsquo;s non-union Ruby Energy mine, also in West Virginia. He died a week later in a hospital. 
 
Besides the BP disaster that occurred in American waters in the Gulf of Mexico on 20 April, killing 11 workers, the updated safety legislation is spurred by the 3 April explosion at Tesoro&rsquo;s oil refinery in the state of Washington that killed seven &ndash; all members of the United Steelworkers (USW) &ndash; and another explosion at a power station of Kleen Energy Systems in the state of Connecticut in February, killing six. These accidents raise among Americans a late-to-arrive consciousness that perhaps the cost of profits over people in a free society has come at too steep a price. 
 
The full US House of Representatives must now take up the safety bill, while the US Senate is standing back awaiting House action before it takes up the legislation.

Massey Arrogance Fuels Tougher Workplace Safety Standards for US

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Thanks to dogged persistence by ICEM affiliate Communications, Energy, Paperworkers (CEP) Union of Canada, the fate of the 133,000 barrel-per-day oil refinery Shell refinery in Montr&eacute;al is still open and subject to sale. Last week, following a second court injunction prohibiting dismantling of the refinery until 10 September, Shell announced it again would negotiate with the Delek Group of Israel over purchase of the refinery. 
 
At stake are the jobs of 500 workers represented by the CEP. In January 2010, Shell announced plans to radically restructure its global downstream operations, including closure of the Montr&eacute;al East refinery by 1 June. 
 
The Anglo-Dutch multinational said it would continue operating part of the site as a terminal and distribution centre for scores of Shell retail outlets scattered across Qu&eacute;bec and Canada&rsquo;s Maritime Provinces. Such continuance, however, would require only 30 workers. 
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The CEP and its Montr&eacute;al branch union, Local 121, has battled relentlessly to find a buyer, as well as to press provincial and federal authorities to keep the refinery operating. Shell rejected bids by potential operators last spring and union members believe Shell wants the refinery shut, with imported petroleum products distributed through the terminal. 
 
On 8 July, a Qu&eacute;bec Superior Court granted the union a ten-day injunction preventing any cannibalizing of the refinery. &ldquo;We believe that maintaining the equipment in good condition until we get satisfactory answers to our questions about offers to but the facility&rdquo; is in everybody&rsquo;s best interests, said Local 121 President Jean-Claude Rocheleau. 
 
On 16 July, that injunction was extended into September. Meanwhile, last week on 20 July, Shell stated at a federal parliamentary hearing of the House of Commons that it re-open talks with Delek, a holding company in which its wholly-owned subsidiary, US Holdings Inc., operates a crude pipeline, refinery, and hundreds of gasoline retail outlets in the southern US. 
 
Delek had been an earlier bidder for the refinery, but Shell rejected the bid as too low. The ICEM remains hopeful that CEP will succeed in achieving sale of the refinery, preserving jobs for the union&rsquo;s energy workers. Shell operates two smaller Canadian refineries, in Sarnia, Ontario, and in Edmonton, Alberta.

CEP Fights to Keep Shell’s Montréal Oil Refinery Operating

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