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The National Labor Relations Board (NLRB) of the US is seeking a rare 10(j) court injunction, under the country&rsquo;s labour code, to compel Massey Energy Co. to re-hire 85 members of ICEM affiliate United Mine Workers of America (UMWA) at a mine in the state of West Virginia. The 85 were fired for their union affiliation in 2004 when Massey purchased the Cannelton Mine from Horizon Natural Resources after Horizon went into bankruptcy. 
 
The NLRB filed for the injunction on 31 January in a federal district court in Charleston, West Virginia. If the injunction is granted, not only must anti-union Massey rehire the 85, but it would require the Richmond, Virginia-based company to recognise the UMWA as lawful representative for all miners at its Spartan Mining subsidiary. It would also have to adhere to terms of the 2002 national bituminous coal agreement, and begin renewal negotiations with the UMWA.
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&nbsp;UMWA President Cecil Roberts welcomed the labour board&rsquo;s effort to take immediate remedial action. &ldquo;As workers know too well, the appeals process in labour cases can take years, while workers who have been harmed by a company&rsquo;s action get no relief,&rdquo; he said. 
 
&ldquo;But this time, things are different. We belief the NLRB&rsquo;s case for injunctive relief is a strong one, and we believe a judge will quickly see that and grant the injunction,&rdquo; said Roberts. 
 
In late November 2007, an administrative law judge of the NLRB ruled that Massey must re-hire the miners, pay backpay, and recognise the UMWA. Massey immediately said it would appeal that decision to the top five-member panel of the NLRB in Washington, DC, which could take years, and even further to the US Circuit Court of Appeals if the labour board panel rules against the company.
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In September 2004 when Massey took over Horizon&rsquo;s mine, it fired all 160 miners at the unionised operation, stating that it would seek better qualified workers. A bankruptcy judge also nullified the collective agreement, but the UMWA filed unfair labour practice charges before the NLRB. 
 
On two occasions, Massey was hit with unfair labour practice citations by the labour board, and the 21 November 2007 decision of Administrative Law Judge Paul Bogas verified the company&rsquo;s intent to discriminate against UMWA members &ldquo;on the basis of their membership in the predecessor&rsquo;s bargaining unit and their pro-union sentiments. 
 
Massey is the US&rsquo;s fourth biggest coal producer who&rsquo;s Chairman, CEO, and President, Donald Blankenship, is the most anti-union coal executive in America. Massey has renamed the Cannelton Mine and now calls it Mammoth Mine.

US Labour Board Wants Court Order to Force Massey to Re-hire Unionised Mineworkers

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A planned protest inside Finland&rsquo;s Stora Enso pulp and paper mills for 6 February was cancelled, following a Labour Court ruling that saw the demonstration as a collective bargaining act. The case was brought to the court by the Finnish Forest Industries Federation, on behalf of Stora Enso. 
 
The work-time protest, decided a week earlier by Stora Enso workers, was aimed at the Finnish government, which holds 16% of Stora Enso&rsquo;s shares, and controls 34% of the company. On 29 January, at a public meeting in Helsinki attended by 500 people and sponsored by Finnish unions Paperiliitto and Toimihenkil&ouml;unioni, three government ministers declined to intervene to halt Stora&rsquo;s mill and paper machine shutdowns.
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Two days later, workers themselves decided to do on-the-job protests against the Finnish government. This was quickly met by employers rushing to Finland&rsquo;s Labour Court and getting an expedited ruling forbidding the protests. The unions and Finnish employers officially opened industry-wide talks on 5 February for 25,000 workers employed by multiple pulp and paper companies. 
 
&ldquo;We are disappointed that the government did not take action to stop the closures, at least until further study and other remedies could be found,&rdquo; stated ICEM General Secretary Manfred Warda. &ldquo;We also find it unusual that in a country such as Finland, a Labour Court would be used to block a legitimate workers&rsquo; protest.&rdquo; 
If the 7,000 Stora Enso workers had defied the ruling, Finnish trade unions would have been subjected to a compensatory fine, payable to the employer. There is no procedure for appeal of the Labour Court ruling.
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At the 29 January public meeting, Finnish Defence Minister Jyri H&auml;k&auml;mies, who heads the government&rsquo;s enterprise ownership oversight, as well as Labour Minister Tarja Cromberg and Economic Affairs Minister Mauri Pekkarinen, gave no pledge that the government could or would intervene on Stora Enso&rsquo;s latest restructuring plan. 
 
The following day, 30 January, Stora Enso permanently idled one paper machine at its Summa, Finland, newsprint and book papers mill in Kymenlaakso, while it shut the mill&rsquo;s second paper machine on 31 January. A total of 450 jobs were lost. An equal number also will be eliminated when the Kemij&auml;rvi pulp mill shuts in April 2008, and a paper machine at the Anjala mill ceases production in November. 
 
The 20-million-member International Federation of Chemical, Energy, and Mine Workers&rsquo; Union (ICEM) is also critical of Stora Enso&rsquo;s unwillingness to grow jobs rather than destroy them at the company&rsquo;s Norrsundet, Sweden, mill. There, 350 jobs are expected to be made redundant when Stora closes the bleached softwood kraft pulp mill late this year rather than sell it to a perspective buyer. 
 
In Finland, industry-wide social talks did begin on 5 February with the unions and Finnish Forest Industries Federation exchanging initial proposals. The existing three-year contract for Finland&rsquo;s number one industrial sector expires on 31 May 2008.

Finnish Paper Industry Uses Court Order to Block Government Protest

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Global Unions Meet Global Fund
In conjunction with the meeting of the Advisory Committee of the Global Unions AIDS Programme in Geneva, consultations were held with the Global Fund to Fight AIDS, Tuberculosis and Malaria (GFATM). Ezekiel Dyke, General Secretary of the United Mineworkers&rsquo; Union of Sierra Leone, participated on behalf of the ICEM, together with the Global Coordinator who gave a presentation on the ICEM&rsquo;s engagement with the Global Fund. 
 
While a few Global Union Federations had interactions with the GFATM &ndash; the ICEM even had a joint mission to Ghana in May 2006 &ndash; this was the first comprehensive meeting to boost trade union involvement in the structures and programmes of the GFATM. 
 
The Global Fund is an independent public-private partnership to raise and disburse new funds to combat the three diseases. As it operates as a financial instrument and not an implementing agency, it does not have regional or country representation. Since its formation almost six years ago, it has an ever-growing secretariat in Geneva. 
 
At national level, Country Coordinating Mechanisms (CCM) submit proposals which, if a proposal is approved, are implemented through Principal Recipients. 
 
By the end of 2007, grants in 136 countries with a total of US$14.5 billion had been approved, with grant agreements signed for US$8 billion and more than the US$5 billion disbursed. About 50% of funding goes towards HIV/AIDS services. 
 
The international labour movement seeks representation on the global structures of the GFATM, and for its affiliates at national level involvement in the CCMs. Workplace programmes to fight the diseases &ndash; especially HIV/AIDS &ndash; need advocates so that such programmes are included in proposals. The ILO, which signed a letter of agreement with the GFATM in 2003, has been working on the inclusion of world of work components in country proposals. 
 
In its publication &ldquo;An Evolving Partnership: The Global Fund and Civil Society,&rdquo; the GFATM clearly considers unions as vital members of civil society. There are, however, a lot of characteristics which distinguish unions from civil society organisations. 
In his opening remarks, Michel Kazatchkine, the GFATM Executive Director, acknowledged that the private sector, for which the Global Business Coalition on HIV/AIDS, Tuberculosis and Malaria is the focal point, is mainly represented by management and not by representatives of the workforce. In its dealings with the GFATM, the ICEM has said that the private sector is business and unions. 
 
Working groups identified shared goals between the Global Unions and the Global Fund and they made suggestions on how to overcome obstacles and barriers, such as building capacity in the unions. One condition to make progress in future is the recognition of labour as a separate entity in the global and national structures of the GFATM. 
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World AIDS Day 2007
On the occasion of World AIDS Day on 1 December, the Bangladesh Chemical Workers&rsquo; Federation organised a seminar to increase awareness among its members. The union&rsquo;s women&rsquo;s committee published a poster based on the campaign posters of the World AIDS Campaign, which were sent out by the ICEM. 
 
In Namibia, officials, and members of the Mine Workers&rsquo; Union of Namibia attended the national event in Keetmanshoop. and activities organised by the Namibia Business Coalition on AIDS in Windhoek. 
 
During the 4th ICEM World Congress in Bangkok, hundreds of union leaders reconfirmed their commitment by signing the pledge &ldquo;Stop AIDS &ndash; Keep the Promise&rdquo;. See that story <a href="/en/72-HIV-AIDS/2487-ICEM-Reconfirms-Commitment-to-Fight-HIV-AIDS-Pandemic">here</a>. 
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Global Fund Round 8 Proposals
The Global Fund to Fight AIDS, Tuberculosis and Malaria is scheduled to issue its call for proposals for Round 8 on 1 March 2008. From that date, applicants will have 120 days to prepare and submit their proposals. 
 
Although this seems a fair amount of time, the demanding proposal form and complicated procedures may require more time. There is no reason not to start the process now. For unions, that means getting membership on CCM in order to ensure that workplace projects are included in proposals to the Global Fund. At the consultations between Global Unions and the Global Fund (see &quot;Global Unions Meet&quot;, above), an adaptation of the proposal form and of the GFATM Guidelines for Round 8 to include workers organisations as eligible organisations was discussed. 
 
Aidspan, the publisher of the Global Fund Observer, has released, Volume 1: &ldquo;Getting a Head Start.&rdquo; its guide for Round 8 applications to the Global Fund. 
 
(Source: Global Fund Observer Issue 84, 29 January 2008. GFO is a free service of Aidspan <a href="http://www.aidspan.org">www.aidspan.org</a>. To receive GFO, send an email to <a href="mailto:receive-gfo-newsletter@aidspan.org">receive-gfo-newsletter@aidspan.org</a>) 
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Business Coalitions Tackling AIDS
On the occasion of the annual meeting in January of the World Economic Forum in Davos, Switzerland, the Forum&rsquo;s Global Health Initiative published an in-depth study of the activities of business coalitions on AIDS, entitled, &ldquo;Business Coalitions Tackle AIDS: A Worldwide Review.&rdquo; 
 
By the end of 2007, four regional and 47 national business coalitions were in existence with a further ten to be established in 2008. They have emerged as an effective platform for the private sector response to the HIV/AIDS pandemic. 
 
Business Coalitions provide private sector companies with the tools and training to address HIV and AIDS at the workplace. Too often, however, they do not include unions in the design and implementation of workplace programmes which address the workforce of a company. 
 
(Source: UNAIDS and WEF website) 
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Haiti: Poverty and Injustice the Biggest Hurdle 
Years of political turmoil and deep poverty have allowed HIV and AIDS to flourish in Haiti, which has the highest prevalence rate in the world outside sub-Saharan Africa. AIDS is the leading cause of death in Haitian women aged between 15 and 49. 
 
Progressio&rsquo;s latest report argues that HIV and AIDS cannot be tackled without addressing the endemic poverty and injustice that exists in Haiti. The government is failing to take the situation seriously, but must tackle the increase in sexual assaults and rape which put women at risk of infection. 
 
(Souce: <a href="http://www.ciir.org">Progressio</a>&nbsp;-&nbsp;Progressio is an international organisation working for the eradication of poverty) 
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Peru: Companies are Fined 
New Peruvian labour inspection regulations provide fines on companies which dismiss workers solely for their HIV/AIDS status. Workers can submit complaints to Peru&rsquo;s Ministry of Labour and appeal to the courts for reinstatement. 
 
Peru has a relatively low infection rate; in the last 20 years, about 20,000 people have died of AIDS and some 30,000 are presently infected. 
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Soccer and Condoms 
The Ghana AIDS Commission (GAC) has launched a condom-distribution programme for the African Cup of Nations, currently taking place in Ghana. 
 
With the support from the UN Fund for Population Activities, the commission distributes condoms at no cost to hotels in Ghana to help reduce the spread of HIV during the tournament. More than one million people are expected to visit the country. 
 
GAC Director General, Prof S.A. Amoa, said that more than 300,000 cases of HIV/AIDS are recorded in the country. While more than 30,000 people need treatment, only some 12,000 presently receive it. 
 
(Source: Vanguard, 10 January) 
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News from the Global Union Programme and Global Unions
In its most recent newsletter of 21 January on Education For All and HIV/AIDS Prevention at Schools, the Education International (EI) reported on the launch of its new initiative, called &ldquo;One Hour on AIDS.&rdquo; Learners around the world benefited from lessons on HIV and AIDS on the same day, 30 November. EI has put together a kit specially designed for teachers - <a href="http://www.ei-ie.org/efaids">www.ei-ie.org/efaids</a>.

ICEM HIV/AIDS e-bulletin

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ICEM affiliate Engineering, Printing, and Manufacturing Union (EPMU) in New Zealand has voiced its sentiments concerning mine safety on two fronts: at home and in China. The country&rsquo;s largest labour union, which represents nearly all of New Zealand&rsquo;s coal miners, issued a statement calling on mandatory mine check inspectors to be included in any new mining regulations. 
 
The EPMU&rsquo;s call follows news in New Zealand that the surviving spouse of a miner killed inside a shaft in 2006 plans to campaign for changes to New Zealand&rsquo;s mining regulations. 
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EPMU National Secretary Andrew Little said dedicated mine check inspectors would be a major improvement in mine safety. &ldquo;Having someone on-site whose express purpose is to check worksite safety, equipment standards, and make sure that the right procedures are followed, and who has the confidence of miners, would make mining that much safer,&rdquo; said Little. 
 
&ldquo;Mining remains one of the most dangerous jobs, and it is about teamwork and trust,&rdquo; he added. 
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EPMU National Secretary Andrew Little 
The EPMU also struck out at New Zealand&rsquo;s National Party for its cynical attack on Kiwi efforts to bring better safety techniques to China&rsquo;s mines. Leaders of the political party were sharply critical of a government-funded initiative to assist the Chinese. The initiative had the involvement of the EPMU, New Zealand&rsquo;s Council of Trade Unions, and state-run Solid Energy. 
 
&ldquo;The EPMU helps Chinese miners because we value human life,&rdquo; said Little in a statement. &ldquo;National&rsquo;s criticism of this (programme) is astonishingly short-sighted and petty, and makes clear where their party stands on decent labour standards &ndash; they don&rsquo;t care.&rdquo;

EPMU Strikes Hard on Mine Safety at Home, and in China

The ICEM Women&rsquo;s Committee concluded its two-day conference yesterday, 18 November, in Bangkok, Thailand, shaping a seven-point work plan for future activities. The 180 women present also elected a new vice president to the ICEM&rsquo;s Presidium. 
 
Angeline Chitambo, a leader in Zimbabwe&rsquo;s Energy and Electricity Workers&rsquo; Union (ZEEWU), was elected to one of two statutory positions for women on ICEM&rsquo;s Presidium. She replaces Binda Pandy of Nepal, who did not seek re-election due to her increased role in the national labour centre GEFONT in her home country. Evgenia Esenina, chair of the Women&rsquo;s Committee from the Russian Oil and Gas Workers&rsquo; Union (ROGWU), was unanimously endorsed to continue serving in the other Women&rsquo;s seat. 
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Chair Evgenia Esenina and Vice-chair Angeline Chitambo
The forward work plan includes: Engaging in more research on best practices regarding maternity protection; active exchange of information through ICEM&rsquo;s Women&rsquo;s newsletter on country by country activities concerning women and work; a continuation of work on the work-life balance, specifically maternity and paternity leave; and the strengthening of work toward and training of workers in informal sectors, including casual workers, migrant workers, and women workers in agency labour or on short-term labour contracts. 
 
The other three points include: Building alliances with NGOs and other civil society organisations, and changing men&rsquo;s mentality to expand gender equality; continuation of women&rsquo;s leadership training and expanding women&rsquo;s representation; and continuing work specifically in Burma, Colombia, Iraq, Nepal, Palestine, Zimbabwe, and other countries in which the fight for trade union and human rights must be engaged. 
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On the left, GUEWT President Hashmeya Muhsin Hussein
A special feature of the Women&rsquo;s Committee meeting, which leads into this week&rsquo;s 4th ICEM World Congress, was a presentation by Hashmeya Muhsin Hussein, president of the General Union of Iraq Electricity Workers and Technicians (GUEWT). The union became ICEM&rsquo;s first affiliate earlier this year from war-torn Iraq. She told the assembled about the difficulties fledging trade unions face in Iraq, as well as the struggle to shape a secular society in which women play major roles. 
 
Other reports came from pro-democracy groups in Burma, the continuing fight to form a just society in Nepal, and work being done by women in Thailand to bring full rights and permanent jobs to contract workers. The conference also included two break-out sessions; one on work-life balance and maternity protection, the other on resolutions submitted to this week&rsquo;s ICEM Congress, which runs 22-24 November at the Queen Sirikit Convention Centre in Bangkok.

ICEM Women Elect New Vice President, Adopt 7-Point Programme

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The ICEM mourns the passing of Heribert Maier. He died suddenly in Graz, Austria, on 6 November, from a cerebral haemorrhage. He was 75. 
 
Heribert Maier was one of the champions in the achievement of workers&rsquo; rights on the global level in the 1970s and 1980s, and beyond. &ldquo;We have much to be thankful for because of his work on the ILO&rsquo;s Freedom of Association Committee,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;The recognition of basic ILO Conventions is a tribute to Heribert Maier.&rdquo; 
 
Warda also lauded Maier for giving strong support to the Mineworkers&rsquo; International Federation (MIF) in getting the Health and Safety in Mines Convention 176 through the ILO. 
<img height="235" alt="" src="" width="150" />
He joined OGB, the Austrian national labour centre, in 1955, and rose from there to prominent careers at the ICFTU and the ILO. He also served as General Secretary of FIET, which merged with two other global unions to become UNI in 2000, from 1973-1979. He was a pioneer then, among global trade union leaders, to work extensively and successfully in Africa, Asia, and Latin America. 
 
He held several distinguished positions at the ILO, including Governing Body member, Vice President of Conference, ACTRAV spokesman in the Freedom of Association Committee, and a co-drafter of the 1977 ILO Tripartite Declaration on Multinationals. 
 
The ICEM extends its deepest condolences to Heribert Maier&rsquo;s immediate family, his wife Ren&eacute;e, daughter Christina, and to affiliated unions of UNI on the sad occurrence of his death.

ICEM Mourns Death of Heribert Maier, Ex-FIET General Secretary

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Three retired workers from Continental AG in the US visited Germany with their union, the United Steelworkers (USW), in early November to protest the company&rsquo;s cut-off of medical benefits when it closed two tyre plants. Hosted by ICEM German affiliate IGBCE, the trade unionists, B.A. Hodges, Larry Little, and Jerry McChellan had several meetings with IGBCE shop stewards of the Hanover-based company and handbilled a tyre plant in Aachen. 
<img height="82" alt="" src="" width="150" align="absMiddle" />&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;<img height="83" alt="" src="" width="66" align="absMiddle" />
The IGBCE arranged a regional press briefing for the Americans, and they also met with Werner Bischoff, board member of IGBCE and vice chairman of Continental AG&rsquo;s Supervisory Board. The USW members met with IGBCE shop stewards at Continental&rsquo;s technical centre in Northeim, and also explained the US situation of the company to shop stewards and others at IGBCE&rsquo;s training centre outside of Hanover. 
 
The three USW retirees come from closed Continental North America tyre plants in Mayfield, state of Kentucky, and Charlotte, North Carolina. They were accompanied by USW staff member Shawn Gilchrist. 
<img height="285" alt="" src="" width="380" />
Retired USW members B.A. Hodges, Larry Little, and Jerry McChellan 
Continental closed three US operations in 2006, including the Mayfield and Charlotte plants, as well as one in Byron, Ohio. Some 2,000 retirees were left without company-paid medical benefits, and, strongly supported from the USW, filed a class action lawsuit against the company. 
 
In late July 2007, a US federal court judge ruled in a summary judgment that the company had improperly reduced the benefit levels for retirees and their spouses. The judge&rsquo;s decision stated that since the company was unable to force its terms with the USW during contract talks, it unilaterally and illegally began implementing the cuts. Continental has said it will appeal the judge&rsquo;s ruling.

Retired US Continental Tyre Workers Take Protest to Germany

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After months of negotiations with employers, ICEM affiliate Chemical Industries Employees&rsquo; Union (CIEU) of Singapore has signed a fair employment practices contract with 20 chemical companies operating in the nation-city. The pact covers 1,700 workers, and came under the auspices of Singapore&rsquo;s Tripartite Alliance for Fair Employment Practices, formed in 2006. 
 
The agreement guarantees equal opportunities for workers regarding recruitment, job allocation, and career advancement. Perhaps the single most achievement of the pact is that it guarantees employment enhancement for older workers, age 50 and above, an age range in which 20% of the 1,700 workers fall. 
<img height="115" src="" width="250" alt="" />
&ldquo;CIEU is confident that the 20 companies will translate their commitments to fair employment practices into action when it comes to fair hiring and in-employment practices,&rdquo; stated Sister Cham Hui Fong, CIEU&rsquo;s Executive Secretary. &ldquo;We believe this is both a pro-worker and pro-business initiative.&rdquo; 
 
The union highlights the fact that a worker who is treated fairly is better motivated to contribute to the success of the company. 
 
Representatives of the companies and CIEU held a ceremony over the agreement at Singapore&rsquo;s National Trade Union Congress on 24 October. Some of the 20 chemical companies signatory to the pact include: Aventis Pharmaceutical Manufacturing, Eastman Chemicals of Singapore, FujiFilm/Hunt Chemicals, Glaxo Wellcome, and Total Pharmaceuticals.

Chemical Workers’ Union of Singapore Signs Pact with 20 Firms

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The ICEM affiliate, Oil and Gas Workers&rsquo; Union of Azerbaijan (AzOGWU), came to terms over a historic social development contract, covering 65,000 workers of the State Oil Company of Azerbaijan (SOCAR). 
 
Announcement of the pact came at AzOGWU&rsquo;s Third Ordinary Congress in Baku on 2 November, by the union&rsquo;s president, Jahangir Aiyev, and Socar President, R&ouml;vneq Abdullayev. The agreement amounts to a detailed social plan for all departments, sections, and workplaces of SOCAR. It also comes immediately after sizeable wage gains and working conditions were negotiated. 
<img height="100" src="" width="100" alt="" />
Foremost to the social plan is a SOCAR commitment to provide free of charge housing to 6,000 employees between now and 2010. Assurances of health and safety upgrades is part of the social development plan. Employees in all departments will also realise better transportation allowances, and safer and more modern sea transportation to offshore worksites. The social plan also spells out better catering, creation of sports and cultural centres, and other amenities for workers. 
 
AzOGWU&rsquo;s Congress, attended by 250 delegates, re-elected Jahangir Aiyev as President, and Fetullah Mustafayev as Vice President. Special guests at the Congress included Lev Mironov, ICEM Vice President and President of the Russian Oil and Gas Workers Union (ROGWU); Ivan Mochnachuk, also an ICEM Vice President and President of the Russian Independent Coal Employees&rsquo; Union; Mustafa &Ouml;ztaskin, President of Turkey&rsquo;s Petrol-Iş; and Kemal &Ouml;zkan, ICEM&rsquo;s Chemicals and Rubber Industries Officer.

Azeri Oil and Gas Workers’ Union Achieves Historic Pact with SOCAR

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The 4th ICEM World Congress begins this Thursday, 22 November, and participants and others can find Congress information on a special sub-section of the ICEM website. Through <a href="/congress">www.icem.org/congress</a>, you will find all background information, including several Congress documents, as well as practical information on the venue, the Queen Sirikit Convention Center, Bangkok, Thailand. 
<img height="126" alt="" src="" width="100" />
The week-long set of meetings around the Congress, which runs 22-24 November, actually began this past weekend. A two-day Women&rsquo;s Conference was held 17-18 November, and a Contract and Agency Labour Conference will run on Wednesday, 21 November. 
 
In addition, a special meeting of the ICEM&rsquo;s Pulp and Paper Sector will occur, also on 21 November. 
 
During the Congress, this web-page will also be the place to look for updates and news on the Congress.

ICEM Website Set for GUF’s World Congress

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