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At a side meeting in Geneva at the 2010 International Labour Conference of the ILO in June 2010, the UN Special Representative on Business and Human Rights, Professor John Ruggie, requested the ILO&rsquo;s expertise in determining the impact of precarious work on human rights. 
 
In preparing to make operational the 2008, &ldquo;Respect, Remedy, Protect&rdquo; framework, Ruggie is consulting with a wide range of actors, including through an online consultation forum. Ruggie&rsquo;s request to the ILO follows online submissions by the Global Union Federations International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association (IUF) and the International Metalworkers&rsquo; Federation (IMF), which both highlighted the fact that CAL and other forms of precarious work are being used to undermine the human rights to freedom of association and collective bargaining. 
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John Ruggie
In its submission to the consultations, the IMF&rsquo;s statement said, &ldquo;It is our submission that precarious work threatens the very survival of stable employment and collective bargaining,&rdquo; adding, &ldquo;As with other human rights, exercise of the fundamental enabling rights of freedom of association and collective bargaining is severely constrained by fear. That fear comes from the vulnerability that employers are imposing on workers every day, in developed and developing countries alike, with the explosion of precarious work practices.&rdquo; 
 
Ruggie&rsquo;s &ldquo;Respect, Remedy, Protect&rdquo; framework is based on three pillars: it is a state duty to protect human rights abuses by third parties, including businesses; corporate responsibility to respect human rights; and that there must be greater access by victims to effective remedies, judicial and non-judicial.

UN Human Rights Special Representative Ruggie Seeks ILO Help on Precarious Work

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All of France&rsquo;s main trade union confederations will strike tomorrow throughout the country, protesting President Sarkozy&rsquo;s bid to raise the retirement age from 60 to 62, increase public sector workers&rsquo; pension contributions, and increase the pension required contribution period to 41.5 years before a worker is entitled to a full state pension. 
 
The national strike will be held tomorrow, 7 September, to coincide with the Plenary debate of the bill in the National Assembly. The stoppage will be conducted from 7pm this evening, until midnight Tuesday. Stoppages are predicted across sectors, from public transport, power generation, teaching, telecommunications, while hospital staff will guarantee only emergency services. The action will seek to fight the proposed pension reforms, and also defend jobs and demand government action for economic recovery.
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The proposed pension reform is extremely unpopular in France, and unions are aiming to build on the 2 million people mobilised in June to protest the changes. Union activists plan strategy meetings on 8 September to consider next steps in the campaign. 
 
President Sarkozy is seen to be scrambling at present, with record low levels of public support, 18 months before presidential elections, the president&rsquo;s government last week scrapped plans to cut student accommodation subsidies, in an effort to reduce student support for tomorrow&rsquo;s protest. Defeat of the pension reform bill would conserve workers&rsquo; conditions, but also strike a significant blow to Sarkozy&rsquo;s right-wing UMP party&rsquo;s election chances in 2012. 
 
ICEM French affiliated union FCE-CFDT describes the pension reform and other government austerity measures as &ldquo;carriers of social injustice&rdquo;, adding that it is unacceptable that all the financial burden of the economic downturn is passed onto employees in both the public and private sector. 
 
Sarkozy is also suffering heavy criticism for his crime crackdown which is targeting the Roma community. The president&rsquo;s decision to target a group based on their ethnicity has concerned many, including members of his own cabinet.

French to Strike Tomorrow in Protest Against Retirement Age Rise

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ITF&rsquo;s (International Transport Workers&rsquo; Federation) Turkish affiliate TUMTIS&rsquo; (the union of road transport workers) ongoing dispute with UPS, was the centre of a global day of action, attracting solidarity and support from throughout the world, on 1 September. Those participating in the day of action called upon UPS in unison to &ldquo;Deliver Justice not Abuse&rdquo;. 
 
Local management of UPS, the global messenger company based in Atlanta, Georgia, USA, has reacted disgracefully to an organising drive of its workers by TUMTIS. While management have used physical intimidation on workers not to join the union, 157 employees of UPS and its contractors in Istanbul, Ankara, and Izmir have been sacked since April 2010 when the drive began, because of their support for TUMTIS. 
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(Photos: ITF)
Out of the 157 total, 126 were sacked at 3 UPS facilities in Istanbul, and 27 in Izmir. In Izmir one manager fired gunshots near the TUMTIS picket line, while other protesting workers were attacked by riot police. This is in direct breach of Turkish labour legislation, and certainly not in line with the company&rsquo;s pledges on corporate social responsibility, in which UPS promises to never obstruct its employees from joining a union. 
 
The day was organised following a unanimously adopted emergency resolution at the ITF Congress in Mexico City 5-12 August, reported InBrief No. 163 <a href="/en/78-ICEM-InBrief/3970-42nd-ITF-Congress-in-Mexico-City-Elects-MUA's-Paddy-Crumlin-President">here</a>. 
 
The global day of action saw trade unionists protesting in front of national UPS offices in Australia, Japan, Jordan, Korea, Hong Kong and Malaysia, among others. See more about the day of action <a href="http://www.itfglobal.org/campaigns/ups-justice.cfm">here</a>. 
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TUMTIS&rsquo; national labour centre, TURK-IS has supported the union&rsquo;s daily picket since the start of the conflict. 
 
The ITF urges supporters around the world to contact their local UPS management and transfer this <a href="/wp-content/migration/icem/Model_letter_UPS_CEO.doc">model letter</a> condemning the union busting in Turkey. Locate your nearest UPS office <a href="http://www.ups.com/content/corp/worldwide/index.html?WT.svl=SubNav">here</a>.&nbsp; 
 
Workers at the 80% UPS-owned subsidiary &lsquo;Unsped Global Logistic Ticaret AS&rsquo; receive a monthly wage of 382 euros, while contract and agency (CAL) workers earn far less. The vast majority of UPS&rsquo; 5,000 employees in Turkey are CAL workers, often working over 70 hours per week. 
 
The ICEM supports demands of the ITF that all 150 sacked UPS employees are reinstated unconditionally, and that anti-union harassment is stopped immediately and fully at UPS and its subcontractors in Turkey. 
 
There will be a second global day of action on 15 September if the workers are not reinstated. 
 
Support the LabourStart campaign <a href="http://www.labourstart.org/cgi-bin/solidarityforever/show_campaign.cgi?c=750">here</a>.&nbsp;

Day of Action for UPS Workers in Turkey

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Successful bargaining between the ICEM affiliated Argentine Trade Union of Tyre Workers (SUTNA), Argentina&rsquo;s Chamber of Commerce, and the Ministry of Labour culminated in agreement on 23 August, in Buenos Aires. A new collective agreement for the sector, covering the period July 2010 to June 2011, provides a salary increase of 27.5 percent, plus improved conditions and a lump sum for members. 
 
The agreement lays out a reclassification of jobs in the sector which improves social benefits by an average of 12 percent. All workers will also receive a lump sum of 1,000 pesos (US$250) and a further payment of 500 pesos in January. 
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SUTNA General Secretary Pedro Wasiejko
Of the 27.5 percent pay rise, 22.2 percent will be retroactive to 1 July 2010, with the remaining 5.3 percent increase coming on 1 January 2011. SUTNA General Secretary Pedro Wasiejko commended the corporate commitment to negotiate in good faith, with talks to reopen in the first half of 2011, &ldquo;there will be further improvements to these gains&rdquo; stated Wasiejko. 
 
The collective agreement was accepted by 75.5 percent of workers balloted, with a turnout of over 80 percent. 
 
The ICEM salutes SUTNA and its General Secretary Pedro Wasiejko for achieving such significant advances for its members. 
 
Argentina was hard hit by the global economic crisis.

Argentina’s Rubber Workers Achieve Significant Wage Gains

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Meeting under the banner Med Dig, F&ouml;r Dig, N&auml;ra Dig (With You, For You, Close to You), Pappers, Sweden&rsquo;s Paperworkers Union, held its 23rd Congress from 3-5 September in Norrk&ouml;pping. The weekend Congress came two weeks before national elections in Sweden, elections that quite likely will determine whether or not the modern Swedish social model will survive. 
 
That point was driven home by Pappers President Jan-Henrik Sandberg, Swedish Trade Union Confederation (LO) President Wanja Lundby-Wedin, and Mona Sahlin, the leader of the Social Democrats and the desired Prime Minister-to-be in the 19 September elections. 
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Pappers President Jan-Henrik Sandberg
Sandberg told delegates in his opening remarks that the socialistic and democratic ideals of the party of Olof Palme had traditionally prioritized and delivered policies good for all people, not just a few people. He also reminded delegates that after four years of a conservative governing alliance masquerading as a party of the people, all that has occurred is a shredded social safety net, a spike in unemployment, and fewer opportunities for the young people of Sweden. 
 
Sandberg also endorsed the platform of the red-green alliance that was put forward on 31 August. The alliance of the Social Democrats with the Left Party and the Green Party stands as the best chance, he said, for return to fair taxation and security of income. Improvement to the platform could occur, Sandberg added, if it were to include an energy policy that prioritized replacement of outdated nuclear reactors. 
 
Lundby-Wedin said that four years of a right-wing government has not destroyed Sweden&rsquo;s social model, but cautioned regional and section leaders of the 18,000-member union that four more years of conservative rule will indeed destroy the model. 
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The leader of Sweden&rsquo;s Social Democrats, Mona Sahlin 
Sahlin, speaking on day two of the Congress, said she was &ldquo;provoked and angry&rdquo; that the right-wing alliance of four parties has defined itself as the new workers&rsquo; party. She said a true workers&rsquo; party does not eliminate welfare schemes for those sick and disabled; it does not disqualify 500,000 from an unemployment fund; and it does not allow one in four young people to go without jobs. 
 
She also outlined six policy initiatives in which the red-green alliance will prioritise job creation, including keeping the energy provider Vattenfall a state-owned company, an entity the &ldquo;arrogance alliance&rdquo; seeks to fully privatize over the next four years if it remains in power. 
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The Congress featured a series of break-outs, as well as an interesting pair of workshops involving managing directors from three Swedish forest products companies (Holmen, SCA, and S&ouml;dra) speaking frankly on future sustainability initiatives inside the paper industry. The other workshop produced frank discussion on whether or not a small union can survive in the new industrial age, or if a merger might become a matter of necessity. That issue likely will be revisited by Pappers after its new four-year Congress period. 
 
Sandberg was re-elected President, while Bengt Sj&ouml;holm was re-elected Secretary and Henry Heini&ouml; was re-elected Treasurer. The six other members of Pappers&rsquo; nine-member governing board also won re-election. They include Lars-Olof Pettersson, Carina Magnusson-Fernlund, Lars-G&ouml;ran Johansson, Pelle Eriksson, Mikael Lilja, and Nils-Erik Andersson. 
 
A total of 149 delegates from the union&rsquo;s 60 sections attended the Congress.

Pappers Conducts Congress at Crucial Political Juncture in Sweden

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A lockout of 230 steelworkers by the American-based electronics firm Honeywell continues into month four at the company&rsquo;s uranium hexaflouride (UF6) plant in the state of Illinois. Honeywell locked out members of United Steelworkers (USW) Local 7-669 on 28 June over workers&rsquo; refusal to accept steep out-of-pocket increases to their health care plan, as well as complete elimination of retiree health care coverage. 
 
The company&rsquo;s demands are a slap in the face to workers who must toil inside an industry rife with hazards and long-term health risks. The plant in Metropolis, Illinois, on the Ohio River, is America&rsquo;s only facility that mills &ldquo;yellow cake&rdquo; uranium into frozen fluid UF6 for enrichment use in nuclear reactors. 
 
The health risks to the community have become even more pronounced because Honeywell seeks to regain lost production by using temporary replacement workers, a draconian American management practice used in employer-imposed lockouts. Although the US Nuclear Regulatory Commission has not as yet authorized untrained scab workers to operate the Metropolis facility, Honeywell has retained a nuclear contracting firm called the Shaw Group to supply replacement workers. 
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The mayor of Metropolis, Billy McDaniel, expressed concern over community safety in a report in the St. Louis (Missouri) Post-Dispatch newspaper last month. With trained union workers represented by the former Oil, Chemical, Atomic Workers Union (OCAW) operating the facility dating back 46 years before that union&rsquo;s 2005 merger with the USW, McDaniel said, &ldquo;I never went to bed at night worried about the men being trained and capable of doing their jobs. I want to do that every night.&rdquo; 
 
Added Chief Sheriff&rsquo;s Department Deputy Ted Holder of Massac County, the governmental unit responsible for evacuation and emergency response in the event of a disaster, the use of non-regular employees to restart the facility is &ldquo;a little concerning.&rdquo; 
 
USW Local 7-669 offered to continue working under a prior three-year labour agreement that expired on 21 June 2010. The union is seeking no salary adjustments, but seeks to retain current health coverage. When the USW did not concede to granting management a 24-hour strike notice prior to any potential strike, Honeywell locked workers off their jobs. 
 
Under Honeywell&rsquo;s proposal, out-of-pocket health coverage will increase to US$8,500 per worker each year. And besides eliminating company-paid health coverage for current retirees, Honeywell&rsquo;s regressive proposals include establishing a two-tier pension scheme with future hires relegated to an inferior plan. 
<img alt="" src="" width="123" height="148" />
On 7 August, 3,000 union supporters traveled from across the American Midwest to Metropolis to lend support to Local 7-669. Earlier, and directly in front of the uranium enrichment facility, the Steelworker local branch erected 42 Christian crosses in memory of former workers who have died over the years from cancer. They erected another 27 smaller crosses as symbols of workers currently diagnosed with cancer. 
 
&ldquo;What we do is a very, very dangerous job,&rdquo; stated Local 7-669 President Darrell Lillie. &ldquo;We deal with the worse acids known to man.&rdquo;

Lockout of USW-represented Uranium Processing Plant in US Continues

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Day eight of the strike by 6,000 members of the National Union of Metalworkers of South Africa (NUMSA) against four global tyre producers begins today with negotiations continuing. NUMSA and the New Tyre Manufacturing Employers&rsquo; Industry Association (NTMEIA) have been locked in a dispute since mid-August over pay, term of agreement, labour brokers and short-term contract workers, and other conditions of work. 
 
The four tyre companies affected include Bridgestone/Firestone, Continental, Goodyear, and Apollo-Dunlop. Bridgestone/Firestone and Continental had served notices of lockout to NUMSA prior to the strike. 
 
The employers&rsquo; association is seeking a three-year agreement, while NUMSA prefers a one-year deal. The two sides remain far apart on wages. NUMSA is seeking an 11% initial year increase while bosses have offered 8.5%, with the exception of Bridgestone which is offering 7%. Employers are offering a second-and third-year increase pegged at the consumer price index (CPI) plus 1%, or 5%, whichever is higher. 
 
If it is to agree on a three-year pact, NUMSA is insistent on year two containing either a 12% increase or CPI plus 2%, whichever is greater, and a third year increase of 14% or CPI plus 3%, whichever is higher. 
 
The union seeks consultation over all short-term or temporary employment contracts, as well as abolishment of all labour brokers in the South African tyre industry. It also wants direct temporary workers to be made permanent, full-time staff at six months of service. Other contentious issues include a 70% local content requirement regarding sourcing, premium pay for work on Saturdays, Sundays, and holidays, and an adequate training pool and training to occur during work-time hours. 
<img alt="" src="" width="189" height="128" />
(Photo: International Metalworkers' Federation)
NUMSA and the NTMEIA have been negotiating since April 2010 on a renewal agreement to a three-year pact that expired on 30 June. 
 
On 1 September, NUMSA also launched a strike against both the Retail Industry Motor Association and the Fuel Retailers&rsquo; Association. Carrying out those strikes are 70,000 NUMSA members at garages, auto component shops, petrol stations, and various workshops and retail outlets that make auto components. 
 
Besides a 40-hour work-week, the union is seeking 15% across-the-board increases for notoriously low-paid workers in these areas, while the associations are offering only 6.6%. Already, one auto assembly plant, Volkswagen in Utinhage, has had to shut operations and send workers home due to a shortage of auto components. 
 
On 2 September, the ICEM sent affiliated NUMSA and its General Secretary, Irvin Jim (photo on site), a message of solidarity, stating, &ldquo;We have learned that your 6,000 members in the tyre industry, overwhelmingly at the multinational companies namely Bridgestone, Continental, Apollo-Dunlop, and Goodyear, as well as 50,000 members in the auto-supplier industries, are now striking following the failure of collective negotiations due to your rightful demands not being accepted by employers. 
 
&ldquo;On behalf of the whole ICEM family, I cordially salute the heroic strikes engaged by NUMSA and its members in both industries. I am also proud to announce our heartfelt solidarity and support to you. We have already alarmed our affiliated unions in those sectors throughout the world who are shoulder-to-shoulder with you.&rdquo; 
 
The strikes in all three South African auto-related industries come just two weeks after 31,000 NUMSA auto workers struck seven car makers affiliated to the Automobile Manufacturers Employers&rsquo; Association. That strike lasted eight days, until 19 August.

South Africa Tyre Strike Continues into Week Two

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After earlier releases in a number of other languages (for more, please consult the ICEM&rsquo;s Contract and Agency Labour site <a href="http://cal.icem.org/index.php/en/icem-guide-on-cal">here</a>), the ICEM is now releasing the Croatian versions of the &ldquo;ICEM Guide on Contract and Agency Labour&rdquo; (CAL) as well as of the shorter and more practical &ldquo;Negotiators&rsquo; Guide on CAL&rdquo;. The Croatian translations have been made possible through the joint ICEM-IUF South-East European Project on Trade Union Modernisation. 

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This CAL guide describes numerous contract, agency and other precarious work situations from around the world - both in developing and developed countries. It contains a number of best practice examples, as well numerous worrying stories, including some of the terrible working conditions that many workers in precarious employment find themselves in. The guide also provides an overview of some of the more recent changes in national and international labour laws and standards, and further deals with combating this phenomenon at company level. 
 
The &ldquo;Short Guide for Negotiators on How to Deal with Contracting Out, Outsourcing and/or Agency Labour&rdquo; is an instrument to assist trade unionists at the plant level. It provides practical suggestions on what to do when (or before) the issue comes up.

ICEM releases Croatian versions of its Contract and Agency Labour Guides

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A five-week strike at a BHP-owned manganese mine and smelter by members of the Kimberley branch of the National Union of Mineworkers (NUM) in South Africa ended 5 October with a satisfactory one-year contract. 
 
The resolve came after global pressure was applied by ICEM mining affiliates, as well as attention given BHP&rsquo;s bargaining indifference at the recent statutory meeting of the Congress of South African Trade Unions (COSATU), and at ICEM&rsquo;s Sub-Sahara Africa Region Meeting in Lagos, Nigeria, on 15 September. 
 
&ldquo;We were very fortunate to have international pressure and a COSATU focus on this strike,&rdquo; said NUM Kimberley Regional Coordinator Lucas Phiri. &ldquo;The arrogance of this company from the mine level to the Johannesburg office was something I have not seen in 12 years inside the NUM.&rdquo; 

<img alt="" src="" width="102" height="111" />
The 920 miners and smelting-plant workers at BHP&rsquo;s Hozatel Manganese operation in the Northern Cape downed tools on 28 August. Their dispute was not just about wages &ndash; South African managers, in fact, were cancelling meetings both at the local level and with NUM national officers &ndash; but about parity between black and white miners, and for improved conditions for women in this remote mining region of the Northern Cape. 
 
With 90% of the 920 workers black, the NUM discovered that white workers at Hozatel got better medical assistance benefits, and received a transportation allowance of 2,000 rands per month, while blacks received 440 rands. Many miners live in hostels, but others travel from the village of Kuruman to the Hozatel operation. 
 
Due to outside pressure on BHP, local management finally got serious on addressing issues that caused the strike and called for talks on 5 October. Both sides agreed to an 8% pay increase effective 1 September, with a one-off 4,000 rand payment per worker for the period July-September 2009. A prior agreement expired 1 July, and the agreement reached on 5 October will last until 1 September 2010. 

<img alt="" src="" width="100" height="103" />
Another key issue resolved related to NUM&rsquo;s ability to recruit into membership workers in higher-level classifications. BHP originally demanded a 66% vote, but the resolve reached in early October made that the standard 50% plus one, or a simple majority. 
 
Related to the parity issues, the two sides agreed to establish a separate bilateral forum to address and even out the disproportionate medical and transportation benefits between white and black workers. A deadline of 30 December 2009 has been put on resolving that. 
 
The same deadline holds for dealing with the employment equity between women and men, as well as the company&rsquo;s draconian policy of not granting maternity leave to women who have less than three years of employment service. 
 
The agreement &ldquo;was not all that we had hoped for,&rdquo; stated Phiri, &ldquo;but we are forever thankful for the outside pressure that moved a management that had before been so stubborn to address workers concerns.&rdquo; 
 
BHP operates Hozatel under its Middelplaats Manganese subsidiary, an asset it acquired with its partial buy-up of Semancor in the 1980s. The mine and ferrochrome smelting facility had originally been part of AngloAmerican.

Union Pressure Helps End BHP Manganese Strike in South Africa for NUM

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The Workers Activities Branch of the International Labour Office (ILO ACTRAV) organised a major International Symposium on the Right to Organize and Collective Bargaining, from 12 -15 October 2009 in Geneva. 

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The symposium brought together over 60 participants from trade union national centres, national unions, Global Union Federations and the ITUC, as well as labour academics and ILO officials. ICEM was represented by Jim Catterson and Phee Jungsun of the secretariat. Discussions centred on the fact that the right to organize and to bargain collectively has faced recent challenges stemming from falling trade union membership, increasing individualization of labour relations and the difficult quest for greater competitiveness and flexibility in the context of globalization. Trade unions need to be strengthened in order to face these challenges and enhance the right to organize and collective bargaining and other fundamental rights and principles such as the global platform rules governing the increasing globalization of the economy and the promotion of decent work for all. 

<img src="" width="328" height="194" alt="" />
Aims of the symposium: 
- To examine recent trends and developments in collective bargaining and the protection of the right to organize. 
- To discuss the relationship between collective bargaining and the social and economic objectives of Decent Work. 
- To identify policies and strategies that would strengthen the capacity of trade unions to organize and to bargain collectively. 
- To identify ways and means of achieving the universal application of the right to organize and to bargain collectively. 
 
One session of the meeting was devoted to Global Framework Agreements. Here after a general introduction by Dr. Michael Fichter of the Otto-Suhr-Institut of the Free University of Berlin, presentations were made of the ICEM GFA with Rhodia by Jacques Kh&eacute;liff of Rhodia and Jim Catterson of ICEM. The presentations generated a detailed and wide-ranging debate on the issue. 
 
See further information on the symposium <a href="http://www.ilo.org/actrav/what/events/lang--en/docName--WCMS_112409/index.htm">here</a>.&nbsp;

Celebrating the 60th Anniversary of ILO Convention No. 98

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