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ICEM Women’s Bulletin: June 2012

Contract and Agency Labour Newsletter

Motion on ICEM Project work 
ICEM Executive Committee, June 2008 
 
Whereas it is acknowledged that there is a need for a clear, transparent and open ICEM policy in regard to ICEM projects and ICEM project related activities; 
 
Whereas, due to the global structure of the ICEM, the number of affiliates in need exceeds the number of affiliates that are able to offer structural assistance. 
 
Whereas it is commonly known that the expectations and demands of affiliates for international support action exceed the services that the ICEM can provide to its affiliates as a global union organisation, working only through income from affiliation fees; 
 
Whereas it is recognised that there is a wide array of possible external funding organisations, ranging from traditional donor organisations, usually trade union organisations themselves, or organisations set up by unions, over union-friendly and/or union-related organisations and governmental, or government-related, organisations, to companies and/or corporate or employer organisations; 
 
Whereas project related activities can consist of ICEM-organised activities and programs through extra-budgetary funding, as well as through in-kind contributions by external organisations; 
 
Whereas there is a need, given the envisaged closer cooperation of ICEM with other Global Union Federations, in particular IMF, ITGLWF and BWI, to also recognise their work, specific experience, and objectives in the area of project work; 
 
Whereas projects are expected to contribute to the general development aid objectives of creating world-wide justice and equality, concentrating especially on decent work, trade union building, the strengthening of unions at national level, as well as on the strengthening of international mutual support at the regional and global level, 
 
Whereas the ICEM, as part of these discussions, decided at its Executive Committee meeting in Bangkok, in November 2007, on a list of activities that should be given priority in 2008/2009; 
 
 
There is need for a regular evaluation of ongoing projects in regard to targets set, as well as for a timely discussion on future activities; 
 
Linked to the above, good and regular follow-up and input from ICEM affiliates is required, including at ICEM-meetings at regional and international level; 
 
It is recommended that the internal debate in the ICEM should be based on the principles, views and objectives listed here below. 
 
 
The ICEM considers project work, where well chosen and effectively managed, to be a strategically important addition to the regular day-to-day activities of the ICEM; 
 
ICEM project work should concentrate on assisting those in need and those that need our international assistance the most. This issue does not only need to be looked at from a geographical angle. To some extent, sectoral issues also come in to play. The mining sector is an example of an area with, on the one hand, a great deal of activity in developing countries, and, on the other, a decreasing membership base in the majority of the OECD countries. 
 
The ICEM continues to believe that project work should be an integral part of the normal national and international daily trade union activities. Project work will be planned with links to, and in support of, other ICEM day-to-day work, or otherwise contribute directly to the main ICEM goals. In addition, and in return, the aim should be that where a donor funds a particular project, it gets the assistance of the whole international organisation; 
 
Projects will therefore be selected, chosen and agreed upon, on the basis of their capacity to advance the realisation of key ICEM priorities, especially those set at ICEM Congresses; 
 
Project work can be used, as long as it is linked to the ICEM&rsquo;s key priorities, to realise both the organisation&rsquo;s overall general global main objectives, as well as certain specific, at times, detailed goals; 
 
The ICEM believes that its work can not only greatly profit from cooperation with the traditional, trade-union-friendly solidarity support organisations (SSOs), but also from cooperation with other donors, including private/public partnerships, provided the integrity and independence of the ICEM as an international trade union organisation is not compromised; 
 
The ICEM does recognise, nevertheless, that there is a need to continue to monitor, at all times, the risk to become too dependent on external funding. Internal assessments shall therefore be made, including through appraisals on a continuous basis; 
 
Wherever possible, project work will make an effort to simultaneously advance different ICEM priorities. Particular emphasis in social dialogue, or framework agreement discussions, for example, could go to such ICEM key issues as contract and agency labour, HIV/AIDS, or health and safety. Reinforcing unions through improving negotiations skills on these issues, as a union-strengthening effort, is a similar example; 
 
It is agreed that the following are among the most important priorities for ICEM project work: 
 
&bull; The strengthening/modernisation of trade unions continues to be a high priority for the ICEM. Many of our affiliates still are in need of external and international assistance. Indeed, many affiliates identified this kind of solidarity as an important contribution to become equal partners to the world&rsquo;s (multinational) companies, as well as to their governments. Related to this is the continued need, within numerous affiliates, to improve internal structures, and to train union leadership, shop stewards and trade union members on a range of subjects, from basic trade union issues, over international economy and international trade union rights, to globalisation issues and ways to deal with multinational companies. Examples of specific subject matters include International Financial Institutions, Global Framework Agreements, ILO standards and the OECD Guidelines for Multinational Enterprises; 
 
&bull; Of specific importance for project work in this area is the need to build strong branch or industrial unions, at national and/or regional level. Many affiliates use this project support to move away from company unionism; 
 
&bull; Linked to the above is the need for union consolidation at national level. In too many cases, unions are in competition with each other at national level, and, as a result, not strong enough to bargain effectively with their employers; 
 
&bull; Defending basic trade union rights, and fighting violations thereof, also continues to be an essential part of project work, albeit to various extents, depending on national situations and practices; 
 
&bull; The work on multinational companies is one of the major focal points of the ICEM&rsquo;s project work. The many priorities here include work and discussions on global framework agreements and, most certainly, international company networks, which already centre prominently in the ICEM&rsquo;s current project work. The setting up of such international networks for ICEM affiliates and their members, working with and for the same multinational company, or within the same industry, has proven to be a valuable tool for workers and is widely seen, for various reasons, as one of the main achievements within the ICEM&rsquo;s project work; 
 
&bull; A key priority in the work with MNEs, but also with other companies, is the issue of social dialogue. The ICEM will give priority to projects that deal with this issue. Not only as they are in high demand, but also as this is an area where the ICEM has a good and longstanding expertise, and because it is an area where the organisation can make a difference. Closely related to social dialogue, collective bargaining, and improvements thereof, also remains a highly important priority within the ICEM&rsquo;s project work; 
 
&bull; Another key aspect, and obvious necessity in relation to multinational companies, but also beyond, is the organising of new members. Almost all ICEM projects already support organising efforts; 
 
&bull; The issue of contract and agency labour &ndash; unquestionably one of the key threats currently for not only the ICEM, but also many other global union federations, as well as countless unions around the world &ndash; is not only an important factor in our strengthening-of-unions exercises, it also plays a vital role in the ICEM&rsquo;s work vis-&agrave;-vis multinational enterprises; 
 
&bull; The work on HIV/AIDS will also continue to be a key project priority, given the success of the current HIV/AIDS project. This can not only be measured by the goals it has already achieved, but also because of the positive effects it has in attracting lesser-traditional funding in this area; 
 
&bull; The gender dimension is a central part of all ICEM project work. This work includes efforts to look at how to better involve women in union work, and improve their participation in leadership structures; 
 
&bull; Health and safety also remains a priority for the ICEM&rsquo;s project work, including as a topic for international social dialogue. Health and safety in the mining sector is a concrete example of an issue where the ICEM could be highly instrumental in making further progress at the international level. Project activities should, where possible, support the ICEM&rsquo;s campaign to sign on to the principles of the ILO Convention 176 on health and safety in mining; 
 
&bull; Linked to the work on health and safety is the subject of sustainable development, an subject matter that is increasingly gaining in importance, not only in project-related work. On a slightly different level, but also related to the sustainability effort is the work on corporate social responsibility; 
 
&bull; As, of course, not all multinational companies are equally looking forward to working with the international trade union movement, failed efforts to establish a meaningful and positive social dialogue can, and in many cases, should be offset by corporate campaigns, which can also be a substantial part of project work; 
 
&bull; Finally, particular emphasis will go to the problems of trade unions in those regions and countries that were given priority in the most recent set of ICEM Congress resolutions, such as the Middle East, Iraq, Burma, Colombia, Palestine and Zimbabwe.

ICEM Executive Committe Motion on Project Work

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Following last October&rsquo;s release of the English version of the &ldquo;ICEM Guide on Contact and Agency Labour (CAL),&rdquo; the Global Union Federation has now released an Arabic version. Further language versions are in the works. 
 
The Arabic version can be found <a href="http://cal.icem.org/images/documents/09-02-09%20Word%20version%20ICEM%20CAL%20Guide%20in%20Arabic.pdf ">here</a>. 
 
The CAL Guide describes numerous short-term contract, agency labour, and other precarious work situations from around the world. It contains a number of best practice examples, as well as worrying situations, such as the horrid work terms and working conditions that temporary workers fine themselves in. 
 
The guide also provides an overview of some of the most recent changes in national and international labour laws and standards. It further deals with combating the phenomenon at company level through collective negotiations. Useful and encouraging examples, together with union strategies are also provided. 
 
The English version of the manual, as well as the ICEM&rsquo;s CAL campaign website can be found <a href="http://cal.icem.org/">here</a>.&nbsp;

ICEM Releases Contract and Agency Manual in Arabic

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Effective 24 March 2009, the ICEM will be located in new office space in Geneva. The new offices, located in the Eaux-Vives section of Geneva near the old city, are located at 20 rue Adrien Lachenal, 1207 Geneva. 
 
The general phone number, fax number, and all individual extension numbers will remain the same. 
 
The new offices have 570 square metres of space spread across two floors of a modern building. It will serve as more functional and accommodating leased office space compared to the 150 square metres of temporary offices that the ICEM occupied since the April 2008 move from Belgium to Switzerland. 
 
We encourage all ICEM affiliates and their representatives, whenever in Geneva, to visit us at 20 rue Adrien Lachenal.

ICEM Relocates inside Geneva, Effective Tomorrow, 24 March

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In efforts to hold the government of &Aacute;lvaro Uribe responsible for prosecuting the real perpetrators behind the murders of trade union activists before a US-Colombia Free Trade Agreement is enacted, the US House of Representatives Education and Labor Committee heard vivid testimony last month on several murders. 
 
One was the 2001 assassination of Jorge Dar&iacute;o Hoyos, who was once the Colombian coordinator for the Miners&rsquo; International Federation (MIF), one of the predecessor trade union federations of the ICEM. 

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Yessika Hoyos
Testifying in Washington, DC, was his daughter, 25-year-old Yessika Hoyos. She said that despite police arresting two individuals who actually committed the crime, no effort has been made to apprehend and prosecute those who ordered the assassination. 
 
&ldquo;We know there is evidence of other perpetrators, including members of the national army,&rdquo; she said. &ldquo;The investigation remains open, but with no follow-up of the evidence as requested, and no identification of other possible perpetrators.&rdquo; 
 
Dar&iacute;o Hoyos, then 61, was gunned down in his home town of Fusagasuga, in central Colombia near Bogot&aacute;, on 3 March 2001.At the time, a paramilitary group called the Block Centaurs was thought to have carried out the killing. He was MIF&rsquo;s national coordinator from 1984 to 1991, and then served as an organiser and collective bargaining advisor to unions representing teachers, bank workers, and telecommunications staff. 
 
At the February 2009 US Congress hearing, the House Education and Labour Committee stated, &ldquo;The Colombian government has not done enough to stem the rising violence against trade union leaders or address the backlog of labor union leader killings.&rdquo; A representative from Colombia&rsquo;s National Labour School testified that 60% of all murders of trade union activists throughout the world occur in Colombia.

US Congressional Committee Hears Testimony of Slain Colombian Mine Union Activist

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Yao Fuxin, a Chinese labour activist who led a 2002 peaceful protest against the corruption that drove a steel mill into bankruptcy, was released from prison 16 March. He served a full seven-year term for &ldquo;subversion of state power.&rdquo; 
 
In March 2003, after a hasty four-hour trial two months earlier, Yao Fuxin and Xiao Yunliang were sentenced to prison terms for leading worker protests demanding back wages and pension payments at the Liaoyang Ferroalloy mill in northeastern Liaoning Province. 

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In March 2002, some 15,000 workers at five metal-working operations protested against government and management corruption at state-run enterprises in China&rsquo;s steel belt. At the Liaoyang Ferroalloy facility a year earlier, workers there alleged that 2,000 tons of iron ore disappeared, leading to bankruptcy and non-payment of wages and benefits. 
 
Xiao Yunliang, a retired metalworker, was released just three weeks before his four-year prison term was up in March 2006. 
 
But Yao Fuxin persevered through harsh conditions at Lingyuan No. 2 prison where he suffered two heart attacks, a stroke, and was consistently placed before an open window in the cold of winter. He also suffered from sleep depravation. Prison officials ordered other prisoners to step on him when he fell asleep. 
 
Upon his release last week, Yao Fuxin, now 63, expressed no remorse. &ldquo;There&rsquo;s nothing wrong with what I did,&rdquo; he said in a telephone interview with a news wire service, adding he and others were only exercising their rights under China&rsquo;s constitution. &ldquo;I feel no regret at all. What I did was protect the interests of the country and the interests of the people, the law-given interests of the workers.&rdquo;

After 7 Years, China Releases Metalworker Labour Activist

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The ICEM supports the actions of its Ukrainian affiliate, the Coal Mining Industry Workers&rsquo; Union of Ukraine (PRUPU), as it announced a series of mass rallies throughout the country, protesting the situation facing miners in an industry in crisis. 
 
The decision to commence with mass protest actions on 25 March was taken by the union&rsquo;s Shop Stewards at the 3rd Plenary Meeting of PRUPU&rsquo;s Central Committee, held on 27 February. Delegates resolved to launch the mass protest actions, starting this Wednesday, including the picketing of the seats of the state authorities in Kiev and other major coal-mining towns in the eastern Donbass region. 

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PRUPU President Victor Turmanov
Ukrainian miners face ongoing violations of their right to timely remuneration, significant wage arrears, and a reduction of 4.6 times of the budgetary allocations for the industry in 2009 over that of 2008. 
 
The Ukrainian Federation of Trade Unions, in a statement released 11 March, accused the country&rsquo;s leadership of &ldquo;ignoring the interests of the people to please international financial magnates.&rdquo; 
 
In exchange for a US$2 billion loan from the International Monetary Fund, the Ukrainian government agreed to restrictive conditions for the loan. Notable promises were the cancelling of social utility discounts for poor families, raising the retirement age by five years, and a six-fold increase in gas prices for Ukrainians.

Ukrainian Miners’ Union, PRUPU, to Launch Government Protest Rallies This Week

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On 10 March, the labour-backed Employee Free Choice Act (EFCA) was introduced in both houses of the US Congress. If passed, the legislation &ndash; which has the support of global labour &ndash; would remove many of the advantages an employer now routinely uses to avoid unionisation in the US. 
The proposed law would entitle a union to be authorised to represent workers&rsquo; interests if a simple majority signed cards or a petition requesting union representation. Currently, as mandated under the 1935 US National Labor Relations Act, union recognition can occur either through such a &ldquo;card check&rdquo; measure, or through a government supervised election. 
But it is an employer that chooses which of the two methods is used and in nearly all instances, a government ballot is the bosses&rsquo; choice. This gives an employer the necessary time on a jobsite to implant fear and counter the merits of unionisation. 
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Statistics reveal that in 25% of all US organising drives, employees with pro-union sympathies or those who openly support a union are sacked. Further, in 78% of all campaigns leading to a government ballot, employers use intimidation by delivering harsh anti-union messages on the shop floor, including threats of plant closure, layoffs, and other negative impacts if a union is elected. 
The EFCA would grant workers, not employers, the right to choose the method for union representation, either through a National Labor Relations Board (NLRB) secret-ballot election or through a majority card-check or petition. (Business interests in the US are now engaged in an intense lobbying effort against EFCA, saying it absolutely denies secret-ballot elections, a falsehood.) 
Secondly, the proposed law contains mandatory government arbitration so that a collective agreement can become effective if the two parties cannot reach one after a period of time. Similar to industrial relations in many developed countries, both labour and management submit proposals to a government panel, which then would put in place a collective agreement for a two-year period. 
Currently, after a union is certified, many employers in the US practice what is called &ldquo;surface bargaining,&rdquo; meaning they adhere to the 1935 law which states they must engage in bargaining, but do so without ever intending to enter into a collective agreement. In such practices, the result is to delay the process and to frustrate the legitimate desire of workers to be part of a collective labour agreement. 
Another major US labour law reform contained in the EFCA is a financial penalty on employers who discriminate against workers exhibiting lawful union activity. Now, there is no risk to an employer who fires union activists during organising campaigns. A worker must prove such bias, with the NLRB sometimes taking years to determine a case, including inevitable employer appeals. Even when a case is concluded in favour of a worker, the award is mere back pay, minus wages and other compensation the worker may have received following the discharge. 
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The EFCA contains triple back pay damages for workers found to have been illegally sacked. 
This is the fourth time the EFCA has been introduced in the US Congress. The last time, in March 2007, it passed the House of Representatives by a 241-185 count, but died three months later in the 100-member US Senate, where an archaic rule mandates 60 votes necessary to invoke cloture, or the required number needed in a vote to halt a filibuster. The measure then had 51 US Senate supporters, although President George Bush promised a veto. 
This time the EFCA has the support of President Barack Obama. Two weeks ago, when introduced, the EFCA had 223 of 565 House members signed on as co-sponsors, while the Senate side had 40 co-sponsors. 
In this session of Congress, sponsors will attempt a different strategy by first bringing EFCA forward in the Senate. It is expected to begin receiving committee hearings in late April, with the bill brought to the Senate and then House floors during the summer. 
Global labour, through the Council of Global Unions, is encouraging national unions to bring the American EFCA to the attention of their respective governments, as well as to employers who have operations in the US. More can be learned about this important US legislative proposal by clicking <a href="http://www.americanrightsatwork.org/">here</a>.

Employee Free Choice Act Again Introduced in US Congress

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Fair Work now will replace former Prime Minister John Howard&rsquo;s draconian WorkChoices as the industrial relations law of the land in Australia. That was assured this past Friday, 20 March, when Parliament&rsquo;s Senate passed the Labour Government initiative.
But it didn&rsquo;t come without a political struggle. A compromise was struck between Labour and its allies and the Liberal Party, most notably over the definition of a small business and the inter-connected protection against unfair dismissals. 
The compromise sets the small business definition at 15 full-time workers, part-time workers not included for the first 18 months, or until 1 January 2011. But thereafter, workers with one year of service &ndash; no matter; full-time, part-time, or casual &ndash; will have protection. Under Howard&rsquo;s WorkChoices, businesses with fewer than 100 workers were exempt from the unfair labour dismissal statute. 
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The Labour Party also compromised on some restrictions to union access to worksites and union access to certain types of information. In all, 231 Senate amendments were submitted to a Fair Work House version, which passed in December 2008. But the new law is fairer and gives workers far better protections in an economic downturn than what was on the books under Howard. 
It creates ten national job standards, charters collective bargaining as the main tenet in labour-management relations, and creates a national industrial umpire with enforcement powers, the Fair Work Commission, thus replacing six Howard-era agencies that essentially were charged with removing workplace regulations. 
It also spells out workers&rsquo; rights to representation; access to arbitration; establishes a 38-hour workweek; grants four weeks annual leave; and allows the practice of flexible work schedules and conditions to take hold. Additionally, it sets out a standard process for regularly raising the minimum wage. 
The unfair dismissal statute, plus implementation of good-faith enterprise bargaining takes effect 1 July 2009, while the remainder of the provisions take effect 1 January 2010. 
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Sharon Burrow
Sharon Burrow, President of the Australian Council of Trades Unions (ACTU), called the Senate passage a &ldquo;major step forward for working Australians,&rdquo; marking &ldquo;a historic moment in restoring workers&rsquo; rights. After a decade of attacks on working people by the Liberal and National Parties the tide has turned,&rdquo; she said. &ldquo;We can take pride in what we have achieved.&rdquo;

Australia’s Senate Hammers Final Nail into WorkChoices Coffin

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