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While the campaign for retention of coal-mining jobs and a fair contract by the Construction, Forestry, Mining, and Energy Union (CFMEU) with Xstrata in Australia continues, another union is resisting proposed mining and metallurgical job cuts by the Anglo-Swiss mining house. 
 
In North America, the Canadian Auto Workers (CAW) launched a campaign in northern Ontario in mid-December to preserve 676 copper and nickel smelting and refining jobs at Xstrata&rsquo;s Kidd Creek metallurgical plants in Timmons, Ontario. The company announced on 8 December that it was permanently shuttering a smelter and refinery, effective 1 May 2010, thus heaping further economic havoc on a region already beset by job losses and a strike. 

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The proposed job losses come on top of 725 mineworker layoffs by Xstrata in February 2009, when it temporarily shut three mines in the region. CAW Local 598 of Sudbury, Ontario, which is currently engaged in negotiations with Xstrata Nickel toward a 1 February contract expiration, has made recall of those jobs its number one bargaining table priority. 
 
In Timmons, CAW Local 599 has started a public campaign aimed at drawing business and government pressure on Xstrata Copper Canada to reverse the Kidd Creek closure. A major part of the campaign is aimed at the federal government, which, the union contends, must protect Canadian jobs as part of the C$19 billion sale of these former Falconbridge assets to Xstrata in 2006. 
 
That issue is similar to one included in the campaign by the United Steelworkers (USW) in its strike against Brazilian Vale. The CAW has supported USW Local 6500 on picket lines and with financial support in its current six-month strike against Vale, and it has also joined USW in calling on the Canadian Parliament to enact legislation that would give transparency to deals made under the Investment Canada Act. 
 
In the corporate takeovers of both Vale buying Inco and Xstrata paying a premium to get Canadian-based Falconbridge, many details between the federal government and the foreign mining houses were kept secret, and the job-slashing now &ndash; the unions feel &ndash; could have been prevented had more disclosure come in 2006. 
 
CAW Local 599 is pursuing an aggressive petition campaign calling for both retention of the Kidd Creek facility and for government action on the proposed job cuts. Visit the union&rsquo;s website <a href="http://www.caw599.ca">here</a> to learn more and to join the petition. 

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In Australia, CFMEU&rsquo;s campaign against Xstrata in New South Wales on redundancies and lack of a current enterprise agreement continues. Last summer, Xstrata announced it was cutting 180 coal-mining jobs at two collieries, Tahmoor and Ulan. 
 
The union has been engaged in lawful industrial actions at Tahmoor over the past several months (see past ICEM coverage <a href="/en/78-ICEM-InBrief/">here</a> and <a href="/en/78-ICEM-InBrief/">here</a>), with miners conducting a march through Tahmoor on 21 December to coincide with a 24-hour work stoppage. Other industrial actions included the refusal to load coal on to trains for shipment to Port Kembla. 
 
Early in the new year, the industrial actions were halted so coal could be loaded on to trains and eventually shipped to German steelmaker ZKS. That request came from metalworkers in Germany due to low inventories and in order to keep operations at ZKS in production. 
See the CFMEU's campaign website <a href="http://www.xstratafacts.com/">here</a>.

Mine Unions in Australia, Canada Reject Xstrata’s Job Cuts

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At a press conference on 8 January in Mexico City, during an ICEM North American Regional Coordinating Committee meeting there, Canadian and US ICEM leaders denounced the Mexican government of Felipe Calder&oacute;n Hinojosa&rsquo;s anti-union conduct in dissolving the Mexican Electrical Workers&rsquo; Union (SME) and its continuing persecution of the National Miners&rsquo; and Metalworkers&rsquo; Union (SNTMMSRM, or Los Mineros) and its General Secretary Napole&oacute;n G&oacute;mez Urrutia. 
 
The regional forum, led by ICEM North American Vice Presidents Ken Neumann of the United Steelworkers (USW) and Dave Coles of the Communications, Energy, Paperworkers (CEP) Union of Canada, stressed that the repressive tactics heaped upon trade unions by the Calder&oacute;n government is an affront to human rights and that these actions will receive world-wide attention. 

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ICEM North American leaders at press conference 
The North American ICEM leaders also said the anti-union policies subject millions of Mexican workers to poverty. They also called attention to Mexican trade union leaders like Los Mineros&rsquo;s Juan Linares Mont&uacute;far who have been jailed for their legitimate union activities. The press conference was attended by members of Los Mineros, by several ICEM North American delegates, and by ICEM&rsquo;s Director of Industry and Corporate Affairs Joe Drexler. 
 
Napole&oacute;n G&oacute;mez himself has escaped jail in Mexico by fleeing to Canada, with the Mexican government now seeking his extradition. 

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Neumann, the USW&rsquo;s National Director for Canada, said that there is evidence that the charges against Napole&oacute;n G&oacute;mez are unfounded and purely an invention by the Mexican government in sync with the mining company, Grupo M&eacute;xico. &ldquo;Mexico is a NAFTA partner with Canada and the United States and we will not sit back and allow these repressions to occur,&rdquo; said Neumann. 
 
On 10 October 2009, the Calder&oacute;n government swept in with federal agents and armed police to shut down the country&rsquo;s second largest utility, the Mexico City regional Luz y Fuerza del Centro (LyFC), or Central Light and Power. Calder&oacute;n used an executive decree to merge the electric power distributor with the Federal Electricity Commission and to disband the 95-year-old and 60,000-member SME. 
 
The North American ICEM representatives condemned the government for not proceeding through legal channels if it suspected there were misdeeds inside the utility.

ICEM North Americans Use Mexican City Press to Condemn Calderón’s Labour Policies

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On 14 December 2009, the Supreme Court of Namibia struck down a two-year-old government law that banned labour hire agencies. In a unanimous, five-judge decision, the court said that government must first try to regulate irregular work imposed by labour hire firms before imposing a ban on them. 
 
The court&rsquo;s decision also cited the law as unconstitutional because it fails to protect the right to practice &ldquo;occupation, trade or business.&rdquo; In 20-year-old Namibia, images of an entrenched contract labour system through apartheid are recent, and this labour issue has both the emotions and the memories to make it a leading story in all of Africa. 
 
The Supreme Court itself called it &ldquo;an emotive and politically charged&rdquo; issue, and both opponents and proponents of agency labour expressed sharp differences on the court&rsquo;s ruling. 
 
The decision was the second time within a year that the High Court in Namibia has taken up the case. It had earlier upheld the ban on labour hire agencies, contained inside Section 128 of the 2007 Labour Act. But Namibia&rsquo;s largest temporary employment agency, Africa Personnel Services (APS), appealed the constitutionality of this section of the labour code on the eve of it taking effect. The 14 December ruling overturns the High Court&rsquo;s earlier decision, and now places responsibility on the government and civil society to implement stringent regulatory measures on the operations of labour agencies. 
The head of the Namibia Employers&rsquo; Federation, Tim Parkhouse, heralded the court&rsquo;s decision, calling it an investment attraction. 

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But the National Union of Namibian Workers (NUNW) reacted angrily to the court&rsquo;s decision, while Minister of Labour and Social Welfare, Immanuel Ngatjizeko, said that although the government must abide by the decision, he pledged the government of President Hifikepunye Pohamba will not allow the labour-hire system to continue in its current form. 
 
Ngatjiseko, in a Windhoek newspaper, said: &ldquo;It is ironic that a provision of the Namibia Constitution that was intended to eradicate apartheid practices that subjected black workers to the injustice and humiliation of job reservation, influx control and the like has now been interpreted to turn a blind eye to commercial arrangements for the rental of human labour in order to avoid the protections afforded to workers by the labour laws.&rdquo; 
 
Ngatjiseko said the current system in Namibia, where labour hire firms are allowed to employ people who then provide these people to clients, is exploitative and reminiscent of the apartheid contract labour system because workers in Namibia with few or no other options for gainful employment fall into the clutches of labour agencies. 
 
The NUNW, linked in history with the ruling South West African People&rsquo;s Organisation (SWAPO) 
political party and a union itself banned in the pre-Namibia days of the 1970s and 1980s because it dared to challenge the apartheid labour system, was more blunt in its assessment of the court&rsquo;s decision. &ldquo;We firmly believe that one cannot regulate slavery and thereby give it a human face,&rdquo; said the federation. 

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The court&rsquo;s decision last month provoked wide opinions, proving again the intensity of the labour hire issue inside Namibia and in all of Africa. 
 
The New Era, a Windhoek publication, predicted, &ldquo;There is no denying that labour hire is a niece of the contract labour system that we have supposedly got rid, but when weak regulations are approved, the Supreme Court would be left with no choice but to stick to what is lawful on paper.&rdquo; 
 
An editorial in The Namibian, another Windhoek newspaper, stated, &ldquo;The principal of labour hire may be an important one, especially in a country with a very high unemployment rate, but it cannot be allowed to perpetuate exploitation of workers to the benefit of middlemen; to provide ways around employer adherence to the Labour Code; and to shut out unions.&rdquo; 
 
On 5 July 2007, the country&rsquo;s National Assembly passed an amendment to the labour code stating that &ldquo;no person may, for reward, employ any person with a view to making that person available to a third party to perform work for the third party.&rdquo; The law was to take effect on 1 March 2009. But on 27 February, the High Court suspended implementation of the law to hear APS&rsquo;s appeal.

Namibian Supreme Court Strikes Down Labour Hire Bill

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The struggle continues for trade union rights for contract workers at Colombia&rsquo;s vast mining complex, Carbones del Cerrej&oacute;n. ICEM mining affiliate Sintracarb&oacute;n has been fighting to organize the contract workers at the mine. 
 
Following the successful organization of mechanics and machinists of the company Chaneme at Cerrej&oacute;n in November (see InBrief No. 144 <a href="/en/78-ICEM-InBrief/">here</a>), the new union Sintrachaneme was formed and recognized by Chaneme. Since, the company has refused to discuss even the slightest improvements to salaries and working conditions with either Sintrachaneme or Sintracarb&oacute;n. 

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A second union of contract workers under Sintracarb&oacute;n&rsquo;s guidance, Sintrans, representing transport workers of the Sotrans company, has seen that employer refuse to recognise the union or to consider any of the bus drivers&rsquo; demands. In fact, the sacking of union activists among bus drivers has brought fear and reluctance by workers to engage in union activity. 
 
Sintracarb&oacute;n, with the full support of ICEM, is focusing efforts towards the consolidation of Sintrachaneme and pressuring the mechanical maintenance contractor to accept the demands of workers. International support is important in the push for a collective agreement between Chaneme and its 300 staff, an accord that will guarantee the existence of the union. 
 
&ldquo;The Chaneme management, Carbones de Cerrej&oacute;n management, and the Colombian Ministry of Social Protection must all commit to the process,&rdquo; said Sintracarb&oacute;n representative Jaime Deluquez. 

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Since workers of Chaneme and Sotrans at Cerrej&oacute;n took the step to organize, they have suffered a campaign of harassment and persecution from employers. Sintracarb&oacute;n, consisting of 3,500 direct employed miners at Cerrej&oacute;n, has denounced complicity by their employer of denial of work rights by contractors, saying Carbones del Cerrej&oacute;n has &ldquo;turned a blind eye to the abuses.&rdquo; 
 
Harassment has included workers being visited at home, with threats of dismissal or offers of perks in return for loyalty to the contractors and a turn against the newly-formed unions. 
 
Cerrej&oacute;n management is also criticised by its mining workforce for applying double standards, claiming on the one hand that it respects human and trade union rights with rhetoric that it support the free association into unions of workers of contractors, while working covertly with the contractors and units of government to destroy the trade union organization process. 
 
These abuses of the right of association and collective bargaining contravene national law, the Colombian Constitution, and ILO Conventions 87 and 98, ratified by Colombia. 
 
An ICEM Project on Social Dialogue, organized by Colombian Coordinator Carlos Bustos and counting Carbones del Cerrej&oacute;n as a participant, has achieved exemplary results. The multinational companies holding stakes in one of the world&rsquo;s largest open-cast coal mining operations &ndash; Xstrata, AngloAmerican, and BHP Billiton &ndash; must now prove that a commitment to the Social Dialogue Project and to global labour standards is genuine by stepping forward to defend the rights of outsourced workers at its mining operation in La Guajira department in northeastern Colombia.

Union, Contract Workers Continue Fight for Work Rights at Cerrejón in Colombia

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A 53-day strike by 1,500 leather workers in Iraq concluded successfully on 7 December 2009, after the state-run Enterprise of Leather Industries and Iraq&rsquo;s Ministry of Industry acceded to demands of workers on safety benefits. The leather workers, part of the Federation of Workers&rsquo; Councils and Unions of Iraq (FWCUI), won added payments totaling 25-30% of salaries for working in hazardous conditions. 
 
The workers&rsquo; committee, led by Sa&rsquo;ad Issa and Munadhil Atiya, displayed persistence and resolve throughout long negotiations with the state, and even after reaching a deal with state administrators in the early days of December, the strike continued for three days until all workers were paid the safety stipend in cash. 

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Munadhil Atiya (above) and Sa&rsquo;ad Issa (lower, centre) implore leather workers to continue the fight during 53-day strike 
The leather workers are employed in two factories in Baghdad and a third in Al Kūfah, some 160 kilometres south of the capital city. They produce shoes, bags, and clothing items such as leather coats. The strike began in mid-October and was brought on by workers having to deal with hazardous chemicals and operate dangerous equipment. 
The leather workers&rsquo; strike served as an inspiration for 4,000 textile workers. Following the early December end of the leather strike, Baghdad-area textile workers embarked on an 18-day strike of their own and won partial safety stipends from a separate state-run enterprise inside the Ministry of Industry. 
 
&ldquo;The strike organizers showed an ability to lead and maintain a determination among the ranks that lasted for more than seven weeks,&rdquo; said FWCUI President Falah Alwan. &ldquo;We learned a valuable lesson in this strike. That lesson is not to respond to hollow promises intended to slow or extinguish the movement of workers. 

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Falah Alwan
&ldquo;The victory of the workers in the leather industries is the beginning of a new drive for the workers&rsquo; movement in the public sector and in all sectors.&rdquo; 
 
The strike was marked by continual dialogue with state administrators, but talks that produced only false promises and nothing substantive. Anticipating this, strike leaders engaged fellow workers to conduct constant demonstrations, marches, and public gatherings demanding safer work conditions and safety benefits. 
 
Leather workers also participated in a peaceful 6 October Baghdad manifestation, in which protestors were met by Iraqi armed troops firing rubber bullets. (See InBrief No. 143 <a href="/en/78-ICEM-InBrief/3531-Iraqi-Trade-Unionist-Murdered">here</a>.)&nbsp;In that clash, FWCUI strike leader Munadhil Atiya was beaten and then arrested for his participation. 
 
Nearly 90% of all industry in Iraq is incorporated in state hands and the country still abides by the Saddam-era Decree 150 of 1987 that prohibits independent trade unions in the public sector. Thus the need for persistent and ongoing direct action by workers is in order to gain labour rights from the al-Maliki government. The ICEM commends the leather and textile workers of the FWCUI for their heroic and historic actions in late 2009.

Safety Benefits Won by Iraqi Leather Workers after 53-Day Strike

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China&rsquo;s deadliest coal mine disaster in two years occurred in the early morning hours of 21 November when 108 miners died deep in shafts at the state-run Xinxing mine in Hegang City, located in northeastern Heilongjiang. 
 
Considered one of China&rsquo;s most up-to-date and safety advanced collieries, the miners perished after alarms went off indicating high methane gas levels. Some 80 minutes later, an explosion occurred. China&rsquo;s State Administration of Work Safety (SAWS) initially blamed lack of timely evacuation, poor ventilation in several mine shafts, and over-crowding as cause. 
 
A total of 528 miners were working the 1.45 million metric-tonne-per-year mine at the time of the blast. A maze of shafts extend some three to four kilometers underground and several kilometers horizontally and is thought to be too vast and extensive to support the existing and modern ventilation system. 

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The gas density levels inside Xinxing when the explosion happened at 02h30 on 21 November registered five times the levels in which miners are expected to be evacuated. 
 
The state-owned Heilongjiang Longmei Mining Holding Company began paying compensation of 342,000 yuan (US$50,000) in immediate and long-term compensation to the victims&rsquo; families. In addition, the All Chine Federation of Labour (ACFTU) allocated one million yuan (US$148,000) in emergency relief for injured workers and families of victims, while local branches of the ACFTU have also pledged smaller amounts. 
 
At a meeting with the ICEM a day before the Xinxing explosion in Geneva, ACFTU International Department Deputy Director Xu Hu said the high number of coal-mining accidents in China is an issue that &ldquo;troubles us the most.&rdquo; He said the labour confederation, together with SAWS and other agencies have put pilot safety projects in place province by province at smaller mines, and China has taken some private enterprise mines into state hands. 
 
By Chinese standards, Xinxing is one of the biggest mines. It has over 100 tunnels and 30 mining platforms and on a normal work day, employs some 3,000 miners underground.

108 Coal Miners Dead in China’s Northern Heilongjiang Province

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A new three-year labour contract was achieved for 470 Kimberly-Clark paperworkers at the Millicent, Australia, paper mill and Tantanoola pulp mill on 20 November. Union members of the Construction, Forestry, Mining, and Energy Union (CFMEU), Pulp and Paper Division, ratified the accord with 82% approval, granting proof that a positive labour-management relationship can benefit workers in tough economic times. 
 
The renewal agreement provides wage gains of 2.5%, 2.5%, and 4.5%, with the first year&rsquo;s increase paid in back wages to 1 July 2009. 
 
CFMEU&rsquo;s Millicent Sub-Branch leaders used an excellent internal communications network to keep shop-floor workers informed on all details stemming from ten bargaining sessions dating back to mid-year, the date when draconian Australian individual work agreements (AWAs) expired and enterprise or collective agreements again became the official policy of the government of Australia.. 

<img alt="" src="" width="240" height="180" />
At left, CFMEU Sub-Branch Secretary Kevin Millie, Mill Manager Scott Whicker, and CFMEU Pulp/Paper Federal Secretary Alex Millar 
Branch Secretary Kevin Millie said the AWAs were never a concern in the lead-up to this year&rsquo;s bargain, since Kimberly-Clark local management never had attempted to impose individual work agreements during the latter period of Conservative John Howard&rsquo;s government. &ldquo;We kept our members in the loop and that helped us get the agreement we got,&rdquo; said Millie. 
 
He added that sub-branch leaders issued communiqu&eacute;s after each session and that when management proposed a two-year agreement at 2.5% for each of the years, the committee to workers&rsquo; networking produced a massive turnout at a union meeting, thus squelching that proposal and sending the message that workers expect more. 
 
&ldquo;This is a win,&rdquo; said Millicent Sub-Branch President Trevor Sinclair. &ldquo;We maintained our terms and conditions and built on them in some areas.&rdquo; 
 
The CFMEU gained flexibility on long-service leave, allowing workers to take such time off in smaller blocks instead of the prior and required month at a time period. They also achieved wage guarantees on career-path transfers so workers will never receive less, and got written language that Kimberly-Clark will give formal reports on all temporary work performed inside the mills. 

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CFMEU members at Millicent during 20 November ratification meeting 
In compromises to the company, the union agreed to a total on-site ban on smoking, ahead of South Australia state law due to take effect, and agreed to the mandatory wearing of Kimberly-Clark work uniforms. 
 
CFMEU has had a good labour-management relationship at Millicent and Tantanoola, and with general manager Scott Whicker. Workers and managers have worked jointly and hard to deal with high energy costs. They have also dealt together on market pressures on paper towel and tissue manufacturing, including imports and tight domestic profit margins due to only two major Australian major chains that control retailing. 
 
That jointness began in 2002 when the CFMEU Sub-Branch and Millicent management signed a memorandum of agreement, giving the go-ahead for the board of directors of the American-based company to make an A$300 investment at Millicent. That capitalization gave the mill Paper Machine No. 5. In return, the union agreed to transform to skills-based career paths and operator/maintenance duties on paper production equipment. 
 
&ldquo;The magnitude of that investment has become apparent in the years since,&rdquo; said Sinclair. &ldquo;Workers here are confident that Kimberly-Clark is committed to a future at Millicent and that has only enhanced our positive relationship.&rdquo; (Millicent now operates with four paper machines and eight converting lines.) 
 
In other CFMEU bargaining news related to the paper sector, at SCA&rsquo;s Sancella feminine hygiene plant in Springvale, Victoria, near Melbourne, union members will vote on a new three-year labour contract later this week The tentative accord, also backdated to the summer, contains a wage package with 3.5%, 3.5%, and 3.5% wage increases. At SCA&rsquo;s Box Hill towel and tissue mill, where 250 CFMEU members have been covered by an enterprise agreement, that contract comes due in March 2010.

Australia’s CFMEU Pulp, Paper Division Makes Gains with Kimberly-Clark

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The US National Labor Relations Board (NLRB) on 20 November informed the Utility Workers Union of America (UWUA) that it would seek a rare federal court injunction against Covanta Energy over the waste-to-energy company&rsquo;s unfair labour practices against workers attempting to organize and collectively negotiate a labour agreement. 
 
In issuing the Section 10(j) injunction against Covanta under US labour code, the NLRB has determined that Covanta has committed serious labour law violations that cause real and immediate harm to workers. The NLRB invokes the rare procedural application of Section 10(j) only in cases considered egregious enough to warrant federal court intervention. 

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In May 2008, 140 workers at a Covanta solid waste plant in Rochester, Massachusetts, voted in an NLRB-conducted election to join ICEM-affiliated UWUA. Since, the UWUA and its Local 369 bargaining committee at Covanta have negotiated in good faith in hopes of achieving a first labour contract, but the company has frustrated that process. 
 
Earlier in 2009, the NLRB did issue unfair labour practice complaints against the company, including one charging Covanta with withholding scheduled salary and bonus payments to workers because they formed a union. 
 
An NLRB trial before an administrative labour law judge resumes today in the state of Massachusetts over that and other illegal workplace practices committed by the company. 
 
Publicly-listed Covanta generates electric energy from the burning of solid waste at some 40 US locations. As the company has attempted to expand its waste-to-energy businesses in the UK, Ireland, Netherlands, and Canada, the ICEM has assisted the UWUA in illuminating Covanta&rsquo;s work rights violations, safety and health infractions, and certain environmental practices before communities and trade unions in those countries. 
 
For more information on the UWUA&rsquo;s Campaign for Justice at Covanta, visit <a href="http://www.cjcw.org">here</a>.

US Labour Board Issues Stern Injunctive Relief against Covanta

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The daily dangers continually faced by trade union officials and activists in Iraq were graphically demonstrated by the brutal murder 26 November 2009 of Majiid Karim, an executive member of the General Federation of Iraqi Workers. Brother Karim died when his car exploded. An improvised explosive device, believed to have been timed, had been attached to his car by as yet unknown individuals. 
 
The GFIW is the largest national trade union centre in Iraq, two of its affiliates covering workers in the Oil and Gas and Electric Power Industries are affiliated to ICEM. 

<img alt="" src="" width="250" height="115" />
Majiid Karim had been a key union official ignoring the anti-trade union legislation from the Saddam era and actively organizing workers in the public sector despite continued government attempts to use legislation 150 of 1987 to ban public sector workers from trade union membership. He was also a key figure in building unity among Iraqi workers and in the trade union movement. 
 
ICEM joins the GFIW in mourning their loss, as well as joining their demand that the Iraqi government and its security authorities conduct an urgent and thorough investigation to uncover the full circumstances of this appalling criminal act, and ensure that the guilty are brought to justice. 
 
We will keep you informed of the case as more information becomes available.

Iraqi Trade Unionist Murdered

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The founding congress of PRO.GE was held 26 November in Vienna, a union that is the result of a merger of the former Chemical Workers&acute;Union (GdC) and the GMTN (metal, textile, food, energy, and mining union). Rainer Wimmer, originally from the foodworkers, was elected President, while Alfred Artm&auml;uer (former President of the chemical workers), Karl Hass, Franz Riepl (metalworkers) and 6 others were elected vice-presidents. Peter Schissler (former General Secretary of the chemical workers and Executive Committee member of the ICEM) and Manfred Anderle were elected new executive federal secretaries. Manfred Anderle will remain as contact to the European and International Trade Union organizations. 

<img alt="" src="" width="120" height="80" />
The Congress was held under the motto &quot;Self-confident, combative, solidary&quot;, and brings together over 250,000 blue collar members in Austria. The new union will be negotiating some 140 sectoral collective agreements in 16 different sectors. 
 
ICEM General Secretary Manfred Warda addressed the congress and congratulated delegates on the successful merger which, he said, sets a good example to those at the international level, who also seek to unite unions in the manufacturing industries.

Founding Congress Takes Place of New Austrian Manufacturing Union PRO.GE

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