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After a long process of collective organisation and negotiation, ICEM affiliate Sintravidricol of Colombia, together with the workers of Caldas Glass Company, VICAL S.A., achieved a significant victory against Contract and Agency Labour (CAL). The right to organise collectively was established, and the first collective agreement was signed by this group of workers. 
 
It follows a similar collective agreement covering part-time workers achieved with Peldar Glass &ndash; part of Owens-Illinois &ndash; at Zipaquira, Colombia. There, ICEM&rsquo;s Colombia Project successfully combined the federation&rsquo;s global CAL programme, and a Social Dialogue project unique to multinationals operating in Colombia, to bring full-time status for many of Peldar&rsquo;s temporary workers. 
 
The unionisation of the workers at Caldas Glass had been attempted by various groups repeatedly for the past 20 years, notably by Risaralda-CUT. 
The artisan workers at the Caldas Glass Factory make various glass products, using mainly only their hands (and lungs) in their work. At least 80% of the workers in the plant are employed through temporary work contracts, with tose agreements lasting less than a year. 

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Even workers with 15, 20, 30 years of service remain on one-year contracts, and its non uncommon for them to receive wages and social benefits late. Under these conditions, the workers took the brave decision to organise. 
 
The three priorities of the newly organised workers: to end the system of separating workers from their years of service by imposing the yearly contracts; full recognition of the union by Caldas and registry with the Ministry of Social Protection; and labour stability, a key component to achieving a better and more productive workplace. 
 
Impressively, early talks with management indicate that the new union will achieve all three goals. Caldas, as well, will meet with Sintravidricol in a labor-management committee to analyse the problems of workers. The union also has established regular meetings with the president of the company. In addition, the first negotiations achieved scholarships for children of all employees of thirty thousand pesos (US$2,200) each, a productivity bonus, and a salary increase, equivalent to the percentage of the minimum wage increase as ordered by the national government. 
 
The ICEM commends its Colombian affiliate, Sintravidricol, in this very significant achievement.

Hard Fought Victory for Colombian Trade Unionists

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The dismantling of anti-social work laws in Australia has finally begun, a full year after a Labour government replaced the failed economic and social policies of former Prime Minister John Howard. On 25 November, introduction of some 650 pages of rollbacks to Howard&rsquo;s work laws came in Parliament&rsquo;s House of Representatives. Fair Work Australia, replacing Howard&rsquo;s WorkChoices, is now on track toward law as it heads to Australia&rsquo;s Senate in 2009. 
 
House minority leaders promised they would not dilute the package, but a combination of Tory, Family First, and independents have threatened to offer amendments that could bring portions of any final legislation back to the Howard work agenda. Last week, Labour Prime Minister Kevin Rudd warned the Senate not to tamper with the legislation and to pass it with no delay. 
 
The legislation creates a Fair Work Commission that replaces six agencies created by the Howard government that essentially removed regulations concerning workplace governance. Fair Work creates ten national job standards, and it charters collective bargaining as the main tenet in labour-management relations. Individual labour agreements, or AWAs in Howard speak, are still applicable, but only under common law. 

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The legislation spells out workers&rsquo; rights to representation; access to arbitration, even on economic matters; and gives casual workers certain rights. It also establishes a 38-hour workweek, grants four weeks annual leave, and allows the practice of flexible work schedules and conditions to take hold. In addition, it sets out a standard process for regularly raising the minimum wage. 
Most industry groups were passive in issuing any negative comments on MP and Workplace Relations Commissioner Julia Gillard&rsquo;s House introduction. The Australian Mines and Metals Association was a blatant exception, however. Ignoring the toll on production and jobs due to an economic collapse, the association took a low road by saying Fair Work will create &ldquo;turf wars&rdquo; between unions, causing loss of productivity and jobs. 
 
Considering the devastation brought to hundreds of millions by unregulated capital &ndash; notably depicted by Howard&rsquo;s draconian job laws &ndash; the association&rsquo;s comment stands as strong argument that more workplace regulations and better protections are part of the solution toward solid economic footing. 

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President ACTU, Sharon Burrow
Sharon Burrow, President of the Australian Council of Trades Unions (ACTU), the trade union centre that brought all Australian unions together under a single voice to reverse WorkChoices, called the legislation &ldquo;a major achievement but that does not mean the campaign for better rights is over. Unions remain concerned that there are important areas of unfinished business.&rdquo; 
 
The legislation does contain some ambiguity regarding strike rights, as well as practical application of the consultation and arbitration procedures. And a pre-Howard three-strike warning rule before dismissal is not in the current bill. It is replaced by a one-warning rule before lawful dismissal can occur. The dismissal criteria is extended to workers employed in worksites of less than 15 staff, provided they have worked for 12 months. 
 
With Australian Senate approval, the new and improved set of workplace social standards will take effect 1 January 2010.

Parliament in Australia Takes Up ‘Fair Work’ scuttling ‘WorkChoices’

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Mine safety in South Africa was enhanced on 21 November when the country&rsquo;s Parliament passed amendments to the Mine Health and Safety law. The legislation must now go to President Kgalema Motlanthe for his signature before becoming effective. 
 
But South Africa&rsquo;s government is still withholding a presidential audit on health and safety in the mining industry. And ICEM&rsquo;s largest affiliate in Africa wants the report brought into the open. 
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South Africa President, Kgalema Motlanthe
At its National Executive Meeting (NEC) in Vereeniging, the National Union of Mineworkers (NUM) called for the immediate release of the national audit. &ldquo;The way the report has been held up gives suspicion that it may contain controversial safety details. We believe that the audit will reveal the true status of safety standards in the various mining companies,&rdquo; said NUM General Secretary Frans Baleni. 
 
After months-long lobbying to derail the safety reform bill by the Chamber of Mines, Parliament passed the measure ten days ago. A memorandum attached to the final version of the bill called it &ldquo;premised on the principle that the responsibility for health and safety lies with the employers.&rdquo; 
 
The reform measure includes insistence that mine safety investigations be carried out within ten days of occurrence, and that the reports are issued within 30 days. The reform also contains a criminal liability clause in which company executives can face a five-fold increase in fines and penalties if convicted of responsibility in health and safety accidents or deaths. 
 
Although NUM applauded passage of the stricter safety enforcement, it insists that the Mbeki safety audit must be forthcoming immediately. The audit was commissioned by former president Thabo Mbeki in October 2007, after 3,200 workers were trapped underground at Harmony Gold's Elandsrand mine. Miraculously, they were all rescued. The Mbeki national safety report, despite at least two pronouncements that it would be issued, has still has not been made public. 

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NUM Gen. Sec. Frans Beleni
&quot;The NEC noted with serious concern the escalating number of workers who perish in the line of duty,&rdquo; said the NUM&rsquo;s Baleni. &ldquo;Over 180 mineworkers have died (this year) and thousands others have been injured, while thousands more suffer from respiratory diseases,&quot; he added. He called on the government to &quot;beef up inspectors&rdquo; to ensure that companies operating mines and building sites adhere to proper safety measures.&quot; 
 
Following the Elandsrand accident 14 months ago, the NUM called for an independent safety audit of mines and facilities. The national audit instead was carried out by the inspectorate of the Mines and Energy Department. 
 
More recently, the NUM presented an impact assessment report to a discussion forum on health risks to miners. The NUM proved that the blasting process produces large amounts of dust in both air and water. According to the NUM, this dust causes most miners to suffer for respiratory diseases, such as pulmonary tuberculosis and silicosis, as well as asbestos-related, skin and eye diseases, acute diarrhoea or noise-induced hearing loss. 
 
Meanwhile, the death toll continues to mount in the country&rsquo;s mines. Deaths in recent weeks have included: two miners killed at AngloGold Ashanti&rsquo;s TauTona mine near Carltonville, on 27 and 31 September; a miner killed at Harmony&rsquo;s Elandsrand operation in a cave-in; a miner killed at Gold Fields&rsquo; Driefontain mine following an earth tremor on 16 October; a fatality caused by electrocution from underground machinery at AngloCoal&rsquo;s Greenside Colliery, 19 October; a Northam Platinum employee who died in an underground industrial accident near Thabazimbi on 11 November; and a miner employed by DeBeers at its Finsch mine in the Northern Cape died on 17 November.

South African Parliament Passes Mine Safety Reform; Year-long Safety Audit Still Held-up

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A recently released study by the Human Science Research Council of South Africa&rsquo;s Witwatersrand University reveals that the country&rsquo;s mining industry is becoming more and more reliant on short-term contract workers and casual labour. The survey found, for instance, that over 60% of the platinum mines in the Rustenburg area use non-regular workers in order to avoid accountability and reduce their costs.
Overall nationally in South Africa, 36% of all platinum mines use subcontract labour, with researchers finding that many of the workers come from other southern African countries. That gives employers less direct responsibility in the event of injury or economic liability. 
 
The Witwatersrand study said the number of subcontractors in South Africa&rsquo;s mining sector increased from 90,231 in 2003 to 122,589 in 2005. 

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The study, commissioned by the government&rsquo;s Labour Department, reveals that the trend is growing alarmingly. A spokesperson for the study, Professor Edward Webster, said a lesson can be drawn that the informal economy of three decades ago, which drew workers from the urban poor into unregistered enterprises, has now been replaced by formal enterprises utilizing more and more casual and subcontract workers. 
 
The research also found that most employers surveyed do not adhere to stipulated wage minimums, resulting in exploitation and disempowerment of workers, and threats of dismissals are common if casual workers attempt to align with trade unions. 
 
Labor Department Acting Director-General Les Kettledas told a news agency that the state has adequate laws and policies to prevent exploitation of short-term contract workers, but strategies to implement those policies and laws fall short. He said the aim of commissioning the university&rsquo;s Sociology of Work Programme for the study was to assure corrective measures are implemented. 
 
Kettledas admitted the findings are a reflection of the reality that now exists in the formal sectors.

South African Study Shows Contract Labour ‘Growing Alarmingly’ in Mining

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Today is the 20th anniversary of World AIDS Day. To mark the day, the ICEM has issued a leaflet that can be found here. Since 1988, trade union and civil society efforts have engineered a strong response to the epidemic, and recorded results prove the engineering has solid footing, thanks to labour unions and NGOs. 
 
But more work remains. &ldquo;The fight to eliminate the scourge of the pandemic is far from finished, and more must be done,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;We&rsquo;re proud to recognise the 20th Anniversary of December 1, but even prouder to mark this day with a commitment to wage this fight until the disease is gone.&rdquo; 

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The role of trade unions is critical in the struggle against AIDS. Trade unions demonstrate leadership on the issue by pushing early testing and prevention methods in the workplace, and then in homes and communities. The issue is a priority in most governing bodies, in women&rsquo;s caucuses, on health and safety committees, and most importantly, in negotiations with companies. This impact is positive to the community, to family life, and to national level policies based on workable and achievable grass-roots principles aimed at combating the disease. 
 
Together with social partners, the World AIDS Campaign set this year&rsquo;s theme for World AIDS Day as &ldquo;Lead &ndash; Empower &ndash; Deliver,&rdquo; building on last year&rsquo;s theme to take the lead. Designating leadership as the overall theme for 2007-08 provides an opportunity to highlight the political leadership needed to fulfill commitments, particularly the promise of universal access to HIV prevention, treatment, care, and support by 2010. 
 
Any union member, shop steward, union official, committee member, or gender representative who takes action today on HIV/AIDS is a leader in the fight against the deadly disease. 
 
The World AIDS Campaign has developed material that can be accessed at <a href="http://www.worldaidscampaign.org">www.worldaidscampaign.org</a>.

Today, 1 December, is World AIDS Day

Tomorrow, December 1, is the 20th anniversary of World AIDS Day. To mark the day, the International Federation of Chemical, Energy, Mine, and General Workers&rsquo; Unions (ICEM) has issued a leaflet that can be found here. Since 1988, trade union and civil society efforts have engineered a strong response to the epidemic, and recorded results prove the engineering has solid footing, thanks to labour unions and NGOs. 
 
But more work remains. &ldquo;The fight to eliminate the scourge of the pandemic is far from finished, and more must be done,&rdquo; said ICEM General Secretary Manfred Warda. &ldquo;We&rsquo;re proud to recognise the 20th Anniversary of December 1, but even prouder to mark this day with commitment to wage this fight until the disease is gone.&rdquo; 

<img height="276" alt="" src="/wp-content/uploads/articles/ICEM_AIDSlogodark.jpg" width="200" />
The role of trade unions is critical in the struggle against AIDS. Trade unions demonstrate leadership on the issue by pushing early testing and prevention methods in the workplace, and then in homes and communities. The issue is a priority in most governing bodies, in women&rsquo;s caucuses, on health and safety committees, and most importantly; in negotiations with companies. This impact is positive to the community, to family life, and to national level policies based on workable and achievable grass-roots principles aimed at combatting the disease. 
 
Together with social partners, the World AIDS Campaign set this year&rsquo;s theme for World AIDS Day as &ldquo;Lead &ndash; Empower &ndash; Deliver,&rdquo; building on last year&rsquo;s theme to take the lead. Designating leadership as the overall theme for 2007-08 provides an opportunity to highlight the political leadership needed to fulfill commitments, particularly the promise of universal access to HIV prevention, treatment, care, and support by 2010. 
 
Any union member, shop steward, union official, committee member, or gender representative who takes action today on HIV/AIDS is a leader in the fight against the deadly disease. 
 
The World AIDS Campaign has developed material that can be accessed at <a href="http://www.worldaidscampaign.org">www.worldaidscampaign.org</a>. 
 
 
 
For further information, contact Dick Blin or Tom Grinter, ICEM, &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;+41&nbsp;22&nbsp;304&nbsp;1840&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;; <a href="mailto:dick.blin@icem.org">dick.blin@icem.org</a> or <a href="mailto:tom.grinter@.icem.org">tom.grinter@.icem.org</a>.

ICEM Marks 20th World AIDS Day with Commitment to the Future

ICEM WOMEN’S BULLETIN 32

Whereas, the current global financial crisis was brought on by speculative anarchy of the market system and it has already created great economic hardships in the manufacturing sectors of ICEM sectors, with a fuller and deeper impact certain to come; and 
Whereas, a common fact in economic crises&rsquo; of the past is that the people least responsible in the world for an economic collapse are generally the most vulnerable, worst affected, and the least able to cope in the aftermath of such crises&rsquo;; and 
Whereas, the crisis has already resulted in reduced trade, more competition for a lesser amount of credit, and flight away from developing world projects by investors, with more emphasis on protecting financial institutions and their shareholders than on societies at large; and 
Whereas, in the United States, where the crisis had its origins, the US$700 billion bailout, as depicted by the United Steelworkers in the letter to the US Treasury Department, grants taxpayer funds to a handful of financial institutions at valuations far greater than what other investors might pay for similar stakes in these institutions, thus serving as a government means to save a sector from its own mismanagement at taxpayer expense; and 
Whereas, the global financial crisis was preceded by illogical borrowing and speculation, an unprecedented period of leveraging assets to obtain short-term and excessive profits, characterized by massive executive salaries and bonuses while wages and working conditions have become depressed; now 
Therefore, Be it Resolved, that systems of workers&rsquo; capital, namely pension funds, public funds, and other common sets of assets be used to enhance workers&rsquo; interests and defend workers&rsquo; rights, wages, and work standards; and further 
Be it Resolved, that the ICEM recognise the third quarter 2008 financial collapse as a turning point in history in which the current system of capital has not worked, and must be revamped, and which, insertion of public money into financial institutions demands greater public influence, as well as recognition by all social partners that the financial sector needs re-regulation; and further 
Be it Resolved, that the ICEM calls on the Council of Global Unions in early 2009 to adopt a policy calling on the World Bank, the International Monetary Fund, the World Trade Organisation, as well as the world&rsquo;s Group of Eight, the OECD, not to abandon existing commitments regarding project development in the countries that need it the most, or to abandon or diminish the Millennium Development Goals; and further 
Be it Resolved, that the ICEM use its structures, and its involvement in the Council of Global Unions, to call for creation of a new and fairer system of global capital, and that this system contain stringent financial oversight and governance, including a new set of global regulations, as well as inclusion of more governments, particularly those of developing countries, to the list of countries that currently control global capital.

ICEM Resolution of the Financial Crisis

Statement of Xstrata Union Leaders 
 
We as leaders of unions representing workers at Xstrata have met in Montreal, Quebec on October 15 and 16, 2008. 
 
We have exchanged information and discussed our experiences. 
 
We are concerned that Xstrata&rsquo;s actions are having a negative impact on workers and communities around the world. We expect Xstrata to operate at the highest labour and environmental standards around the world. 
 
We agreed as follows: 
&bull; To support members of CAW 599 in their struggle in Timmins, Ontario, Canada with the company. 
&bull; To find concrete ways to offer stronger support to each other during collective bargaining, especially for unions entering into bargaining in 2008 and 2009 (including among others: the Falconbridge Workers Union in the Dominican Republic; Altonorte Smelter Workers Union, in Chile, and Antamina Workers Union, in Peru). 
&bull; To promote worker exchanges to promote solidarity and build awareness on workers&rsquo; issues. 
&bull; To improve communication between us. We need fast and effective communication as the foundation of our work. We will establish a communications network through the internet. 
&bull; To consult with and educate our members in our local unions. 
&bull; To endorse the campaign of the CFMEU in Australia on workers&rsquo; right to be represented by trade unions. We will participate in that campaign through coordinated action. 
&bull; To meet again and bring together more unions representing Xstrata workers. To work with the ICEM and its affiliates. 
&bull; To develop strategies, including media strategies, to advance union campaigns. 
&bull; To establishing an International Solidarity Fund that would provide us with the resources to undertake joint projects and support each other at the appropriate times 
&bull; To work toward: 
&bull; establishing a Workers&rsquo; World Council 
&bull; engaging the company in the establishment of common international minimum standards on occupational health, safety and environment. 
 
The following unions and union federations participated in the meeting and endorse this statement. 
 
ICEM - International Federation of Chemical, Energy, and Mining and General Workers&rsquo; Unions 
 
From Australia &ndash; 
Construction Forestry Mining Energy Union (CFMEU) &ndash; Australia, including: CFMEU branches at: 
&bull; Xstrata Newlands Coal 
&bull; Xstrata Oaky North Coal 
&bull; Northern District Branches 
 
From Germany - 
IG Metal, Nordenham, Germany 
 
From Canada &ndash; 
United Steelworkers (USW), including: 
&bull; USW Local 2020 &ndash; Xstrata Nickel, Sudbury, Ontario 
&bull; USW Local 4614 - Fonderie Generale &ndash; Montreal, Quebec 
&bull; USW Local 5385 &ndash; Brunswick Mining &amp; Smelting, Bathurst, New Brunswick 
&bull; USW Local 6887 &ndash; CCR, Montreal, Quebec 
&bull; USW Local 6486 &ndash; CEZinc, Montreal, Quebec 
&bull; USW Local 9449 - Raglan, Qu&eacute;bec 
&bull; USW Local 7085 &ndash; Brunswick Mining &amp; Smelting, Bathurst, New Brunswick 
 
From Chile &ndash; 
Sindicato de Trabajadores de la Fundidora Altonorte, Antofagasta, Chile 
 
From the Dominican Republic &ndash; 
SUTRAFADO, Falconbridge Workers Union, Dominican Republic 
 
From Peru &ndash; 
FNTMMSP, National Federation of Mine and Metalworkers of Peru 
SUTRACOMASA, Sindicato de Trabajadores de la Compa&ntilde;&iacute;a Minera Antamina, Peru

XSTRATA UNIONS GLOBAL NETWORK

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For the first time, national legislation has been enacted to govern carbon capture and storage or CCS. A new Australian law creates a setting which encourages companies to invest with confidence in CCS technology and inject and sequester CO2 offshore. 
 
Tony Maher from ICEM affiliate the Construction Forestry, Mining and Energy Union (CFMEU), has welcomed the new legislation: &ldquo;Large scale CCS requires a regulatory framework if it is going to happen. Governments need to act quickly to put that in place &ndash; in Australia and around the world. We won&rsquo;t get investment in new power stations, or the retrofitting of existing ones, until there are pipelines and storage sites. We need appropriate laws and regulations for all three stages.&rdquo; 

<img height="100" alt="" src="/wp-content/uploads/articles/AustraliaFLAG.gif" width="200" />
Australia also recently announced the formation of the Global CCS Institute, which it has proposed to be the coordinating body for the G8 commitment to develop 20 CCS facilities by 2020. The formation of the Institute is strongly supported by the CFMEU. 
 
At a major coal conference in India in December 2007, the ICEM along with major coal mining unions called for an international body to develop and share CCS technology, The position was strengthened at the 2008 ICEM Global Mining Conference which took place in St. Petersburg, Russia. 
 
Australia and the CFMEU have shown once again they are on the cutting edge of addressing global warming in a way that does not cut short jobs in the coal industry. The need for pooled resources and an international agency to propel the development of CCS will be one of the positions advocated by the International Trade Union Council at the December meeting of the United Nations Climate Change Conference in Poznan, Poland. The ICEM along with a number of its affiliates, including the CFMEU, will attend.

Australia and CFMEU Make Major Progress in Creating the First National Legislation on Carbon Capture

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