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Press

Mr. Andrus Ansip 
Prime Minister 
Republic of Estonia 
Tallinn 
Estonia 
 
Brussels, 20 March 2006 

Dear Prime Minister Ansip, 
 
I write on behalf of the 20-million-member ICEM, the Global Union Federation representing workers in the energy, chemicals, mining and processed industries. Estonian unions, along with Nordic IN, a five-nation trade union federation of workers in basic industries, informed us about your country&rsquo;s proposed Employees&rsquo; Representatives Act, which would replace a labour law which has been in effect since 1993. 
 
The ICEM, and its 389 trade union affiliates in 122 countries, objects to the proposed amended law as an attempt to weaken the role of trade unions in Estonia. We also view the proposal as an erosion of the role and duties that union shop stewards perform. 
 
I specifically refer to the way your government is planning to transpose a European Union directive (2002/14/EC), on informing and consulting employees, into the proposed new Estonian law. Article 1.2 of that Directive, which is also contained in ILO Convention No. 135 on Workers&rsquo; Representatives, states that information and consultation must be developed, taking into account national law and existing practices. The proposed Estonian law would exclude trade union shop stewards from these information and consultation procedures, and shop stewards would lose all their existing rights and guarantees. 
 
Furthermore, even though it is required in ILO Convention Number 98, trade union representatives would no longer have protection from dismissals. On top of that, trade union shop stewards would lose the ability to carry out their legitimate responsibilities on the job because the proposed statute significantly reduces the allowed amount of time for this to occur. 
 
In Estonia&rsquo;s 1993 statute, a well-formulated list exists of issues over which employees must be consulted. This has been changed in the proposed amendment with a short, unclear formulation. 
Additionally, the sanction or penalty for an individual employer representative who neglects the information and consultation section of this proposed law would be less than &euro; 1,000. That is about the same penalty that an employee representative would face for failing to keep confidential information. Article 8.2 of the European Directive stipulates that there should be effective, proportionate and dissuasive sanctions in the event of infringement. The ICEM feels this is not the case in the proposed Employees&rsquo; Representatives Act of Estonia. 
 
If adopted as the draft now stands, this legislation would be a major step backwards in the development of balanced labour market structures and mechanisms, as specified under the common EU social dialogue agenda.
The appointment of workplace employee representatives in parallel and alongside legitimate trade union shop stewards is directly contrary to this social model. Unfortunately, the proposed Employees&rsquo; Representatives Act would provide this option to employers doing business in Estonia. 
 
I urge you to use your influence to amend the proposed Act in such a way to ensure that the legitimate and universally accepted role of trade unions, and their elected shop stewards, is maintained. The ICEM will closely follow developments on this matter, and we intend to report directly to our affiliated trade unions on whether or not Estonia adopts the principle of a balanced social partnership between democratic and free trade unions, and employers. 
 
 
Sincerely Yours, 
 
 
Fred Higgs 
General Secretary 
ICEM

ICEM letter to Estonian Prime Minister on Employees’ Representatives Act

The FNV labour federation in The Netherlands is engaged today, 9 March, in an emergency meeting with the nation&rsquo;s tripartite Social Economic Council to address the misuse by Dutch employers of workers from Central and Eastern Europe.
<img height="53" alt="" src="" width="80" />
ICEM affiliate FNV Bondgenoten is conducting a protest outside the Council&rsquo;s building as the meeting is in progress.&nbsp;The meeting will also focus on the negative effects of a new health insurance system introduced in the country. 
Workers from Poland and other Central and Eastern European countries have flocked to The Netherlands in search of work. They have often been met by unscrupulous employers who use these workers on a term-limited contract basis, or as self-employed workers, in an effort to undermine collective bargaining agreements. The resulting payment of lower wages has a direct effect on all Dutch citizens. 
<img height="70" src="" width="120" alt="" />
FNV Bondgenoten has been successful in its &ldquo;Equal Pay for Equal Work&rdquo; campaign, which has brought union membership to a significant number of Central and Eastern European workers, particularly Poles. &ldquo;We are not against Polish workers coming to The Netherlands for employment, but we insist they be treated fairly, and so do they,&rdquo; said FNV President Agnes Jongerius.

Dutch Protest Today Points at Exploitation of Central and Eastern European Workers

Following a two-day strike on 22 and 23 February, a two-week cooling off process is now underway between ICEM Belgian affiliate ABVV-FGTB and ExxonMobil at a polymers plant near Antwerp. The entire workforce of 350 totally shut down operations at the Zwijndrecht plant in a contract dispute for a 2006-2007 renewal. 
<img height="65" alt="" src="" width="100" />
Workers were incensed at the wage offer presented to them. Also in dispute is management&rsquo;s proposal to reduce staff by increasing automation. 
Determined worker unity under the guidance of ABVV-FGTB brought the company back to the table, where a conciliator did remove some obstacles to a new agreement on 27 February, the day the two-week cooling off period took effect. Labour and management will return to talks on 14 March.

Belgian ExxonMobil Strike Over; Talks will Resume 14 March

<img height="41" alt="" src="" width="100" />
ChevronTexaco Nigeria Ltd. and one of its contractors, US-based Elper Engineering, face strike actions if the companies do not live up to terms of a collective agreement put in place five years ago. ICEM affiliate NUPENG met again last week in Nigeria with the two companies to resolve the dispute over back wages and severance, but the employers rebuffed efforts to settle the issue. 
The union declared its intent to resolve the dispute through social dialogue, but warned that NUPENG members working inside the two companies would strike if ChevronTexaco and Elper continue to avoid the issue. The two firms have granted the contractual obligation to a few employees, but have denied it to most. Contract workers at ChevronTexaco&rsquo;s massive Escravos operations in Ugborodo, Delta State, and its shallow-water platform Funiwa off Bayelsa State are affected.

Dispute Festering in Nigeria Between NUPENG, ChevronTexaco

The 19 February gas explosion that killed 65 miners at Grupo Mexico&rsquo;s Industria Mineral Mexicana subsidiary proves again the immediate necessity to improve safety and training in underground mining, particularly during times of high pricing and high demand for coal. 
 
Twenty-five of those killed at the Pasta de Conchos No. 8 mine near San Juande Sabinas, northern Coahuila State, were members of Section 13 of Mexico&rsquo;s Miners &amp; Metalworkers Union (SNTMMSRM), an affiliate of the International Metalworkers Federation (IMF). 

<img height="73" alt="" src="" width="120" />
Many others were short-term contract workers who were given no training, insufficient oxygen supply devices, and were sent deep into shafts within a day of being hired. Mexican government and company statements on safety precautions and equipment on this mine disaster contradict with what miners actually had available to them. 
 
The United Steelworkers of the US, which signed a strategic alliance with SNTMMSRM in April 2005, pledged financial and technical support to the union in the immediate aftermath of the blast. The IMF underscored the Mexican union&rsquo;s charge that this was &ldquo;industrial homicide&rdquo; and must be investigated and denounced as such. 
&ldquo;Grupo Mexico shareholders and directors and whoever is responsible for this crime, caused by greed, repression and insensitivity should be charged and punished accordingly,&rdquo; said SNTMMSRM and the IMF.

Mexican Coal Mine Blast Termed ‘Industrial Homicide’

Mediated talks will resume today in New Zealand in an effort to end a lockout by regional electric provider Top Energy of 58 members of ICEM affiliate Engineering, Printing and Manufacturing Union (EPMU).
The lockout began on 4 February and mediation to end it failed last week when the North Island utility continued to seek work-rule changes that would affect the lives of linemen. Top Energy has met the EPMU&rsquo;s demand of a 5% wage increase, but concessionary proposals put in front of workers through mediation undermines that pay increase.
The EPMU is encouraging trade union activists to write letters seeking a fair contract offer to Top Energy&rsquo;s Trustees&rsquo; chairman, Brian Thorburn. His e-mail address is <a href="mailto:b.thorburn@xtra.co.nz">b.thorburn@xtra.co.nz</a>.

Lockout by New Zealand Power Company Continues

A broad-faceted international labour conference was held in New York City, 9-11 February. Sponsored by US trade unions, including ICEM affiliate United Steelworkers (USW), and the New York State School of Industrial and Labor Relations, contained at Cornell University, the conference drew 550 global trade union leaders and researchers who networked on a multitude of topics and interest areas.
<img height="261" src="" width="350" alt="" />
One such workshop, stressing the importance of global solidarity, involved ICEM affiliate Russian Chemical Workers Union (RCWU). The union&rsquo;s international secretary, Vladimir Tribunskiy, described how a dispute was averted and a lasting unity programme developed with German union IGBCE when chemicals company Henkel initiated hostile labour relations practices at three Russian plants in 2002. 
RCWU President Alexander Sitnov told of similar links utilizing ICEM and IGBCE when Procter &amp; Gamble sacked full-time Russian staff in favour of workers on short-term work contracts. The pressure forced the American consumer chemicals company to cease using contract workers and instead brought in hiring agencies Manpower and Kelly Services. RCWU is now busy organising workers of those companies.
<img height="162" alt="" src="" width="128" />
The conference paid a special tribute to former USW President George Becker for his leadership and fight in the 1994-95 US strike at five Bridgestone tyre operations. USW Vice President Jim Robinson delivered a moving tribute to Becker. 
USW President Leo Gerard, in a statement on the conference, called attention to ICEM global union networks administered by America&rsquo;s largest industrial union by saying, &ldquo;We&rsquo;ve already formed six global alliances with unions in other countries and we are reinforcing our cross-border networks in dealing with employers.&rdquo;

Global Labour Conference in New York Spotlights Solidarity, Union Networking

<img height="40" src="" width="100" alt="" />
Global unions worldwide condemned the government of Iran&rsquo;s brutal suppression of bus drivers in Tehran and surrounding areas on 15 February. The condemnations came from the Global Union Federations, national unions and the ICFTU, but also were heard strongly from transport and oil unions in Jordan, Egypt, Iraq, Morocco and Tunisia. Rail workers and maritime unions in some of those North African and Middle East countries also participated in the Day of Action in support of Iranian bus drivers.
The government&rsquo;s Intelligence Ministry and its security militia, Basij, has deployed brute force since spring 2005 to put down strikes by drivers who have been seeking unpaid wages. And since December, the repression has become more violent with the government using a variety of means to silence drivers&rsquo; protests. 
On 28 January, 30 drivers were seriously injured and up to 1,400 were jailed for demonstrating. A few days later, family members and spouses of the jailed drivers gathered outside Iran&rsquo;s parliament, Majiles, and were met by security forces. The leader of the Syndicate of Workers of Tehran and Suburbs Bus Co. (Sherkat-e Vahed), Mansour Osanloo, has been held since the government arrested leaders of the union on 22 December.
Because Iranian security teams have used beatings to force drivers out on routes, workers have resorted to a continual &ldquo;lights on&rdquo; protest of buses to draw attention to the violent crack-down of workers&rsquo; rights by Iran&rsquo;s authorities. The ICEM sent a strong letter of protest to the government of Iran on the 15 February Day of Action, which can be found at <a href="/index.php?id=24&amp;doc=1658.&amp;la=EN">/index.php?id=24&amp;doc=1658.&amp;la=EN</a>

Iranian Bus Drivers Given Global Union Support

Nepalese King Gyanendra&rsquo;s statement over the weekend that he has invited political parties for dialogue on democracy will be a hollow promise unless the monarchy frees all trade union and political prisoners. The king yesterday, 19 February, used a new twist to deflect mounting international pressure and growing pro-democracy protests at home, with an offer to the seven-party political coalition &ldquo;to come forth to fully activate, at the earliest, the stalled democratic process.&rdquo;
<img height="201" alt="" src="" width="380" />
The king&rsquo;s first public statement in his now year-long absolute rule that suspended basic rights, came in a state-run newspaper just before 3,000 demonstrators took to the streets in another set of peaceful protests challenging the monarchy. 
Gyanendra&rsquo;s rhetoric is meaningless, the ICEM believes, until all trade union leaders of GEFONT and NTUC are released, as well as other human rights activists who have been imprisoned without cause. Several trade unionists were released last week after weeks of detention, but some leaders of the two labour federations&mdash;plus several leaders of education unions&mdash;remain incarcerated.
<img height="151" alt="" src="" width="160" />
GEFONT, NTUC and another labour federation, DECONT, on 13 February, gave the government a 35-day deadline to act on its and the ILO Actrav&rsquo;s Charter of Demands for both formal and informal work. The Charter calls on the government to strengthen the labour code on wage increments, adopt an integrated social security fund, formalise basic labour rights commitments, and implement non-discrimination practices, particularly regarding women workers.

King’s Rhetoric in Nepal on Democracy Belies Trade Union Arrests

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Tuesday, 7 February, will mark a full year that US members of United Steelworkers (USW) in Cincinnati, Ohio have been on strike against Cognis, a German chemicals company. 
USW Local 14340 will observe the anniversary by placing further attention on Cognis and its joint-venture partner who are operating the plant at great environmental risk, and with known health and safety deficiencies. 
Workers struck because Cognis would not agree to union recognition through a &ldquo;successorship&rdquo; clause in the labour agreement when Cognis and Malaysian Golden Hope Plantations formed a joint venture to run the oleochemicals division of the plant. The company is now refusing to accept strikers back to work even if the strike is ended. 
In a letter to Cognis CEO Antonio Trusi Oliva, ICEM General Secretary Fred Higgs called this &ldquo;unacceptable&rdquo; and urged him to use his &ldquo;influence inside this new enterprise to assure that a settlement to this strike will include jobs for all USW union members who wish to return to work.&rdquo;

USW Members in Ohio Seek Justice from Chemicals Producer

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