International Employment Relations Network List

(IERN-L)

A Miscellany of International Employment Relations News

Miscellany 7, 24 February 2012

________________________________________________________________

Subscribe at: http://lists.unisa.edu.au/mailman/listinfo/iern-l

Post to: iern-l@lists.unisa.edu.au

Access to ADAPT International Bulletin at:

http://www.adaptbulletin.eu/index.php/component/content/article?id=46

_______________________________________________________________

ContentsAustralia: Fair Work considers legal action against the Health Services Union, in the wake of the Craig Thomson affair

Australia: Door open 'too wide' to fly-in, fly-out staff

China: Steel workers in Shaanxi and Sichuan strike for higher pay

UK: Weakening TUPE legislation risks low pay and increased unemployment

UK/EU: Employment Law Legislative timetable – monthly updates

USA: Fired Latino Workers at Pomona College Fight Back

USA: Corporate greed unfolding in Ohio

In Brief

Australia: ANZ to slash 1000 jobs by September

Cameroon: Spate of Trade Union Rights Violations in Cameroon

China: Apple agrees to China factory checks as shares soar

1

UK: Final report published: 'Turning a Blind Eye: The British state and migrant domestic workers' employment rights’

USA: Trial of Jimmy John's Bosses for Mass Firing of Whistleblower Workers Begins Today: Organizers Vow to Continue Fight for Change at Poverty-Wage Corporate Chains

Turkey: Repression against Women Trade Unionists

Publications

The TUC Workplace Manual

26th AIRAANZ Conference 2012

Tripartite Advisory on Best Sourcing Practices & Employers Guidebook

Time Bomb: Work, Rest and Play in Australia Today

Employment Relations 2e

Work and Employment Relations: An Era of Change

International and Comparative Employment Relations: Globalisation and

Change

Calls for Papers

Special Issue IJHRM

Study Group (Flexible Work Patterns), at ILERA Congress

Study Group #9 (Pay Systems), at ILERA Congress

Transnational industrial relations, at Greenwich University

27th AIRAANZ Conference

The Korean Journal of Industrial Relations

2

Conferences , Seminars, Symposia

Australia: Symposium on labour disputes in Asia

UK: Critical Labour Studies Symposium

UK: Transnational Industrial relations

Ireland: IFSAM Conference

UK: BUIRA Conference

USA: ILERA World Congress

Australia: Community, Work and Family Conference

Australia: AIRAANZ Conference

Other Sites

Working Lives Research Institute

___________________________________________________________________________

Australia: Fair Work considers legal action against the Health Services

Union, in the wake of the Craig Thomson affair

IR/Australia/Health Services Union/malpractice

Source: The Australian, 15 February, 2012. Web/URL:

http://www.theaustralian.com.au/national-affairs/fair-work-considers-legal-action-against-

the-health-services-union-in-the-wake-of-the-craig-thomson-affair/story-fn59niix-

1226271507642. Slightly abridged.

FWA [Fair Work Australia] has been looking into the HSU's Victoria No 1 branch and the

union's national office.

3

At the centre of the inquiries are claims Labor MP Craig Thomson, who was national

secretary of the union before he entered federal parliament, misused union credit cards.

FWA acting general manager Bernadette O'Neill admitted the inquiry and investigations had

taken an "unreasonably" long time, but was confident staff had acted in good faith.

Ms O'Neill said the report found 25 contraventions of the rules of the union.

"In broad terms, the findings relate to the keeping and lodgement of required financial

records and statements and the general duties in relation to the financial management of

organisations," she told the Senate education, employment and workplace relations

committee.

But the report will not be made public because it contains material which may be deemed

defamatory about individuals.

Ms O'Neill said she will now consider whether to apply to the Federal Court to impose civil

penalty provisions or to refer the matter to the Commonwealth Director of Public

Prosecutions in relation to criminal offences.

A second, broader investigation, which has been conducted concurrently and involves Mr

Thomson, was set to wind up in March, Ms O'Neill said.

Five individuals had been sent letters inviting their response in relation to the national

investigation and must respond by March 5.

As a result [of the time taken] Ms O'Neill has decided to undertake an independent review of

the conduct of the investigations.

"I am aware of the allegations that there has been political interference in the investigations

and take them very seriously," she said.

"I have absolutely no reason to conclude that there has been any such interference ....."

___________________________________________________________________________

Australia: Door open 'too wide' to fly-in, fly-out staff

IR/ER/Australia/Labour Market/Foreign Workers/Miners

Source: The Australian, 15 February 2012. Web/URL:

http://www.theaustralian.com.au/national-affairs/industrial-relations/door-open-too-wide-to-

fly-in-fly-out-staff/story-fn59noo3-1226271188101

4

FURIOUS unions warn that the Gillard government is making it too easy for mining

companies to hire cheap foreign workers for giant resources projects, demanding Australians

be first retrained or relocated to combat skills shortages.

The uproar comes amid speculation that Gina Rinehart's Hancock Prospecting is the first to

apply for a federal Enterprise Migration Agreement [EMA], which could allow the hiring of

thousands of temporary overseas workers for its Roy Hill iron ore project in Western

Australia's Pilbara region.

Immigration Minister Chris Bowen yesterday confirmed his department was assessing one

project's EMA submission and was in talks with several more, but refused to provide details.

EMAs were introduced in the last budget to stem a growing skills shortage sparked by record

investment in the mining sector, which is forecast to lead to a shortfall of 36,000 tradespeople

by 2015.

The agreements are available to projects with capital expenditures greater than $2 billion and

a peak workforce of more than 1500, with companies required to meet stringent training rules

for Australians.

Projects must first provide labour market analysis confirming there were insufficient local

workers to meet demand.

Dave Noonan, national secretary of the CFMEU's construction and general division, said the

bar was too low. "There's no requirement for proponents . . . to try and get Australian workers

first," he said. "All they have to do is get a consultant to produce a report to say there's a

skills shortage. You can get a consultant to say night is day if you pay them enough."

The two parts of Australia most likely to use overseas fly-in fly-out workers are the remote

Pilbara and the emerging Galilee Basin coal area of central Queensland.

The Australian understands the proponents of the two Indian-owned coal projects in the

Galilee Basin, Adani and GVK, are keen to have the capacity to allow overseas workers into

Australia on a fly-in fly-out basis. Adani said it would employ Australians before it sourced

workers from overseas: "Australian workers will always be the first preference for Adani."

GVK is in partnership with Hancock Prospecting in the Galilee Basin. The firm did not

respond to The Australian yesterday, but Mrs Rinehart is a public backer of the use of foreign

labour.

The other proponent of a major project in the Galilee Basin is major Liberal National Party

donor Clive Palmer; a spokesman for him said the firm had instigated talks with the

government and was "investigating the option" of using overseas workers.

___________________________________________________________________________

5

China: Steel workers in Shaanxi and Sichuan strike for higher pay

IR/China/Steel Workers/Strike

Source: China labour Bulletin, 17 February 2012. Web/UR:

http://www.clb.org.hk/en/node/101251

More than 5,000 workers at the Hanzhong Steel Company in the northern province of

Shaanxi went out on strike on 14 February demanding higher pay. Workers complained that

they had to work weekends and holidays and yet their average monthly wage was still just

between 1,000 yuan and 1,500 yuan, barely enough to live on.

The following day, several thousand strikers staged a demonstration (see photo above) from

the plant into the city streets holding banners proclaiming “We want our rights, we want to

eat.” Scuffles with the local police ensued and around a dozen protestors were reportedly

detained.

This follows a strike last month involving around 10,000 workers at another steel plant in

Chengdu, the provincial capital of Sichuan. Workers at the Pangang steel and vanadium plant

went out on strike on 4 January, demanding a 400 yuan increase in their monthly salaries and

a 3,000 yuan year-end bonus.

Around 5,000 of the strikers then staged a demonstration on the roads towards the main

highway in Qingbaijiang district, north of Chengdu, but they were dispersed by around 1,000

police officers.

As the strike entered a third day on 6 January, the workers intensified their protest by

blocking the main gate. After talks between workers, the trade union and management broke

down, a large contingent of riot police reportedly fired teargas to disperse the strikers

blocking the gates.

Steel prices have been at a low ebb in China for several months and many steel mills have

been operating at a loss. Wages at under-performing, relatively small steel mills like

Hanzhong have been kept low for several years while inflation has increased and workers in

other local enterprises have seen wages go up.

___________________________________________________________________________

UK: Weakening TUPE legislation risks low pay and increased unemploymentIR/ER/UK/TUPE

6

Source: TUC, 15 February 2012. Web/URL: http://www.tuc.org.uk/equality/tuc-20619-

f0.cfm

Weakening the Transfer of Undertakings and Protection of Employment (TUPE) regulations

risks driving down pay and increasing unemployment, the TUC warns today (Wednesday).

In its response to a government call for evidence on TUPE, the TUC warns that changing

current legislation could also lead to an increased involvement of the private sector in public

services, with contractors competing for business on lower wages rather than on the quality

of the service they provide.

TUPE protects employees' terms and conditions of work when a business is transferred from

one owner to another. Staff automatically become employees of the new employer on the

same terms and conditions as they were on before, and their continuity of service is also

protected.

The TUC argues that TUPE regulations also benefit employers by creating a level-playing

field for businesses and enabling restructuring to take place more easily and without disputes.

The government is considering increasing the flexibility for employers to cut pay and

conditions after a transfer takes place. This could lead to a race to the bottom, warns the

TUC, with companies using low wages to compete for contracts in the public and private

sector, rather than by quality of service, efficiency or innovation.

Employers are also pressing the government to remove the amendments on 'service provision

changes' introduced in 2006. This would create major uncertainty for businesses, employees

and their unions on whether TUPE applies to the outsourcing of services, or when services

are brought back in-house, says the TUC, and would generate needless and costly litigation.

These changes could also lead to the erosion of the pay and conditions of low-paid service

sector staff such as cleaners and catering staff. The TUC argues this would have an adverse

impact on women, who are disproportionately employed in contracted-out services.

According to the Annual Survey of Hours and Earnings (ASHE) 2011 74 per cent of cleaners

and domestics are female. Similarly 65 per cent of kitchen and catering assistants are women.

Current TUPE regulations also maintain employment levels, as new employers must retain

original staff when they take over a business, argues the TUC. Cutting back on this vital right

means employees could lose their jobs when the owner of their company changes, which

would increase unemployment and reliance on welfare benefits.

7

TUC General Secretary Brendan Barber said: 'TUPE law protects workers and gives

businesses valuable security. Tampering with the regulations would not only generate

uncertainty and needless litigation, it would also make low-paid workers vulnerable to

mistreatment.

'Weakening the guarantee on pay and conditions would encourage companies to compete for

contracts based solely on wage and other employment costs, and not on the quality of service.

This could lead to an increase in poverty wages for the many female employees who work in

catering and cleaning.'

___________________________________________________________________________

UK/EU: Employment Law Legislative timetable – monthly updates  

ER/UK/EU/Employment Law

Source: CIPD, 16 February 2012. Web/URL: http://www.peoplemanagement.co.uk/pm/subjects/employment-law/legal-developments/legislative-timetable.htm?wa_src=email&wa_pub=cipd&wa_crt=law_1&wa_cmp=pmdaily_200212

TopicsAgency workers Bankers' bonusesCorporate CorruptionData ProtectionEquality Flexible workingHolidaysNational minimum wage Parental rightsPensionsStatutory pay Time off workTraining TribunalsTupeUnfair dismissalUnions and employee representation WhistleblowingWorking time

___________________________________________________________________________

USA: Fired Latino Workers at Pomona College Fight Back

IR/USA/anti-unionism

8

Source: Sarah Seltzer, AFL-CIO, accessed 15 February, 2012. Web/URL:

http://blog.aflcio.org/2012/02/13/fired-latino-workers-at-pomona-college-fight-back/

Edited by IERN-L moderator

When a group of longtime food service employees of Pomona College in California—a

prominent liberal arts school—lost their jobs due to their immigration status, it got an already

tense campus talking. To people on campus who had been helping the workers speak up for

their rights, it felt like union-busting. The terminated workers had been employed on campus

for years, but only after they began a drive toward unionization with ‘UNITEHERE!’ was

their immigration status investigated by the college.

The internal investigation, which led to their dismissal, was self-initiated and not due to any

government agency or U.S. Immigration and Customs Enforcement (ICE) intervention, the

timing made many on campus and elsewhere cry foul. Indeed, 16 of 17 employees whose

jobs were taken from them happened to be food services workers—the very group trying to

unionize.

Whether or not they did it because workers were organizing, the dining hall workers bore the

burden of this process.

The ensuing controversy, which included a hunger strike and a vigil, has been covered in

major media outlets. The treatment of the workers has torn into the very soul of campus life,

The New York Times reported on Feb. 1.

While the Pomona administration vehemently denies any direct ties between the firings and

the unionization drive, the school had previously clamped down on that organizing effort—

one of the first to make headway on campus. In November students who spoke to employees

trying to unionize were at times barred from doing so. The college has repeatedly been

accused of using intimidation tactics to stop the effort.

___________________________________________________________________________

USA: Corporate greed unfolding in Ohio

IR/USA/Collective Bargaining/Lockout

Source: Manny Herrmann, AFL-CIO Working Families e-Activist Network. 15 February

2012.

In 2008, when Cooper Tire & Rubber Company was losing money, workers at its Findlay,

Ohio plant gave up $31 million in pay and benefits to help the company stay afloat.

9

Thanks to the workers' sacrifices and productivity, Cooper has made more than $300 million

in profits since 2009. Cooper paid its executives millions of dollars in bonuses and bought a

new corporate jet. Despite soaring profits, Cooper pushed a new contract on its employees

with higher healthcare premiums and undisclosed wage terms. Cooper's employees were

more than willing to keep working through negotiations to reach a fair deal after their

contract expired last fall. But Cooper refused to budge—leaving 1,050 workers out in the

cold since November 28. Cooper can easily afford to set things straight and still turn a profit.

Cooper CEO Roy Armes received $4.7 million in compensation in 2010. And the company

has purchased a plant in Serbia for $17.3 million! Cooper wants to cry broke, but greed—not

need—is driving this lockout.

___________________________________________________________________________

In Brief

Australia: ANZ to slash 1000 jobs by September

IR/Australia/Banks/ Staff retrenchment

Source: UNI, 14 February 2012. Web/URL:

http://www.uniglobalunion.org/Apps/uni.nsf/pages/homepageEn?

Opendocument&exURL=http://www.uniglobalunion.org/Apps/UNINews.nsf/

vwLkpByIdHome/7834C881D2320743C12579A4003CFBB6?OpenDocument

This comes in a wave of job cuts in Australia’s financial sector. 2000 jobs have already been

lost this year, between 1000 at ANZ, 136 at NAB, 300 at Suncorp, and 560 at WBC. 130

were earlier announced at ANZ.

The FSU estimates that of the job cuts, 600 are going to be outsourced to India or the

Philippines. Many are expected to be back-office, middle-management and processing

workers.

________________________________________________________________

Cameroon: Spate of Trade Union Rights Violations in CameroonIR/Cameroon/Trade Union/Victimization

Source: ITUC, 14 February 2012. Web/URL: http://www.ituc-csi.org/spate-of-trade-union-

rights.html

Around 15 workers at the National Institute of Cartography (INC) had their contracts

suspended after taking part in strike action calling for the signing of employment contracts to

regularise the employees’ status. In a similar move, according to the reports received by the

10

ITUC, Cameroon’s sugar manufacturer SOSUCAM, backed by the prefectural authorities of

the department of Haute Sanaga, has instituted legal proceedings against three workers, also

for taking strike action.

Finally, Micheline Banbe, branch vice president in charge of women’s affairs and assistant

secretary for legal affairs with the regional office of the CSAC in Douala, has been unfairly

dismissed by her employer, Orange Cameroun. The trade unionist had been put forward by

her branch union as a candidate for the workplace representative elections in April 2011.

Since then, the employer has been targeting all the people on the list as well as all those

nominated by the branch, disqualifying them and putting forward non-unionised workers.

_______________________________________________________________

China: Apple agrees to China factory checks as shares soarER/China/Apple/Working Conditions

Source: The Australian, 15 February 2012. Web/URL:

http://www.theaustralian.com.au/news/world/apple-agrees-to-china-factory-checks-as-shares-

soar/story-fnb64oi6-1226271126085

As Apple's shares broke through $US500 ($468) for the first time yesterday, the company

allowed a group that campaigns against sweatshops to check conditions of its Chinese factory

workers. Apple said it had invited the Fair Labour Association to inspect plants in China,

where products such as iPhones and iPads are made. The visit will include a factory in

Shenzhen run by Foxconn, one of Apple's biggest manufacturers.

________________________________________________________________

Turkey: Repression Against Women Trade Unionists

IR/Turkey/Anti-unionism

Source: ICTU, 17 February 2012. Web/URL: http://www.ituc-csi.org/turkey-repression-

against-women.html

The ongoing police harassment of public Turkish trade unions has this time targeted women.

On 13 February, 15 women – leaders and activists preparing for International Women’s Day

(8 March) – were arrested and taken into custody.

_______________________________________________________________

11

UK: Final report published: 'Turning a Blind Eye: The British state and migrant domestic workers' employment rights

The final report of the Migrant Domestic Workers Employment Rights project, funded by the

Nuffield Foundation, was published in January 2012. ‘Turning a Blind Eye: The British state

and migrant domestic workers' employment rights’ by WLRI’s Nick Clark and Leena

Kumarappan was the result of an investigation into Migrant Domestic Workers’ (MDWs)

employment conditions and the enforcement of their employment rights. The researchers

used Subject Access Requests to the UK Border Agency (UKBA) to gather written terms and

conditions of employment lodged by employers applying for or renewing workers' visas,

interviews with domestic workers and a survey of migrant domestic workers’ pay and

conditions (conducted by Unite the Union).

The project summary, key findings, conclusions and the full report can all be found online

here.

___________________________________________________________________________

USA: Trial of Jimmy John's Bosses for Mass Firing of Whistleblower Workers Begins Today: Organizers Vow to Continue Fight for Change at Poverty-Wage Corporate Chains

IR/USA/Whistle Blowers/ Jimmy John’s

Source: IWW, 14 February 2012. Web/URL: http://www.iww.org/en/content/trial-jimmy-

johns-bosses-mass-firing-whistleblower-workers-begins-today-organizers-vow-conti

MINNEAPOLIS- Six Jimmy John's workers fired nearly one year ago for blowing the

whistle on company policies which force workers to make sandwiches while sick will get

their day in court today. In November, the NLRB ruled that the March 2011 mass firing, as

well as an anti-union Facebook group used by the employer, violated federal labor law.

Organizers allege that the firing was a calculated attempt by franchise owners Mike and Rob

Mulligan to decapitate the first unionization effort in the nation's fast food industry.

___________________________________________________________________________

Publications

The TUC Workplace Manual

12

Order your copy from https://www.tuc.org.uk/publications/viewPub.cfm?frmPubID=641

‘It will be of use not only to stewards but also to anyone who represents, advises or supports members in the workplace, including learning, equality, green and health and safety representatives’.

_______________________________________________________________________________

26th AIRAANZ Conference 2012: Re-Organising Work, Association of Industrial Relations

Academics of Australia and New Zealand, published papers, ed. Robin Price, Brisbane,

Queensland University of Technology.

________________________________________________________________________

The updated Singapore’s Tripartite Advisory on Best Sourcing Practices & Employers

Guidebook can be downloaded for free from the MOM website at

http://www.mom.gov.sg/BestSourcing/

________________________________________________________________________________

Pocock, B., Skinner, N and Williams, P. (2012) Time Bomb: Work, Rest and Play in

Australia Today, NewSouth Books, may be ordered at

http://www.newsouthbooks.com.au/isbn/9781742232959.htm

_________________________________________________________________________

Bray, M, Waring, Cooper, R. (2011) Employment Relations 2e, McGraw Hill, ISBN:

9780070287266, contact MHA_higher-education@mcgraw-hill.com

__________________________________________________________________________

Baird, M., Hancock, K. and Isaac, J. eds. (2012) Work and Employment Relations: An Era

of Change, The Federation Press, ISBN: 9781862878501 may be ordered at www.federation

press.com.au

__________________________________________________________________________

Bamber, G. J., Lansbury, R. D. and Wailes, N. (2012) International and Comparative

Employment Relations: Globalisation and Change, Allen and Unwin, ISBN:

9781742370651 may be ordered from academic@allenandunwin.com

____________________________________________________________

Calls for Papers

13

Special Issue IJHRM: Partnership, Collaboration and Mutual Gains, submission deadline 24 February 2012. Website: http://mc.manuscriptcentral.com/rijh

_________________________________________________________________

Flexible Work Patterns Study Group Meeting ILERA Congress Philadelphia USA

The Flexible Work Patterns Study Group will meet at the ILERA (formerly the IRRA) 16th

World Congress in Philadelphia USA on Monday, July 2, before the official opening of the

congress on July 3 2012. Abstract to: clare.kelliher@cranfield.ac.uk R.Croucher@mdx.ac.uk

c.edwards@kingston.ac.uk by Friday 24th February 2012.

___________________________________________________________________________

Study Group #9 (Pay Systems), July 2, 2012 in Philadelphia at ILERA

If you are interested in making a presentation at Study Group #9, please send an email with the title and brief description to daniel.j.b.mitchell@anderson.ucla.edu.

___________________________________________________________________

Transnational industrial relations and the search for alternatives

A workshop at Greenwich University May 31-June 1, 2012. Call for abstracts

by 1 March 2012 to Lefteris Kretsos (l.kretsos@greenwich.ac.uk).

___________________________________________________________________________

Australia: 27th AIRAANZ Conference, 6-8 February 2013, Freemantle, Western Australia.

Information from www.conferencewa.com.au/airaanz2013; email trish.todd@uwa.edu.au;

email al.rainnie@gbs.curtin.edu.au . Submission deadline for refereed papers 21 September

2012.

___________________________________________________________________________

The Korean Journal of Industrial Relations (CALL FOR PAPERS) 

The Korean Journal of Industrial Relations (KJIR) is published by the Korean Industrial

Relations Association. There is no due date for the submission. We receive articles around a

year. Web/URL: http://www.lera.uiuc.edu/news/Calls/2007/Korean%20Journal%20of

%20Industrial%20Relations.htm

Special Issue of Labour and Industry

14

Governance and CSR: Implications for Labour.

Papers are due to s.h.young@latrobe.edu.au by end of August 2012.

________________________________________________________________

Conferences, Seminars, Symposia

Australia: Jo Isaac Symposium, Using the Power of Working Relationships to Achieve

Organisational Resilience and Sustainability: A Multi-Stakeholder Approach Professor

Jody Hoffer Gittell, 2.00pm - 4.30pm, Friday 24 February, 2012, ICT Theatre 1, Ground Floor, ICT

Building, 111 Barry Street, Carlton. RSVP: To reserve your place at this free event please email: isaac-

workshop@unimelb.edu.au by 19 February, 2012. Please include Isaac Symposium in the subject

line.

___________________________________________________________________________

UK: Transnational Industrial Relations and the Search for Alternatives, Greenwich

University, 31 May 2012 to 1 June 2012. For abstract submission or more information,

contact Lefteris Kretsos (l.kretsos@greenwich.ac.uk).

___________________________________________________________________________

Ireland: IFSAM 2012 Conference, Limerick, Ireland, 26-29 June 2012. Website:

http://www.ifsam.org/

__________________________________________________________________________________

UK: BUIRA 2012 Conference University of Bradford, 28 - 30 June 2012. Members submit

your abstact here.

___________________________________________________________________________

USA: 16th World Congress of ILERA, 16th World Congress of ILERA, 2-5 July 2012,

Philadelphia, Pennsylvania, USA. Website: http://www.ilera2012.com/

Register at: http://www.ilera2012.com/Registration/default.asp

Reserve accommodation at:

http://www.ilera2012.com/Accommodations/default.asp

15

Review program at:

http://www.ilera2012.com/Congress-Program/default.asp

Arrange travel at:

http://www.ilera2012.com/General-Information/default.asp

________________________________________________________________

Australia: Fifth International Community, Work and Family Conference, The fifth

international Community, Work and Family Conference will take place at the University of

Sydney, 15-17 July 2013. Information at www.CWF2013.aifs.gov.au

___________________________________________________________________________

Australia: 27th AIRAANZ Conference, 6-8 February 2013, Freemantle, Western Australia.

Information from www.conferencewa.com.au/airaanz2013

email trish.todd@uwa.edu.au

email al.rainnie@gbs.curtin.edu.au

__________________________________________________________________________________

Other Sites

London Metropolitan University, Working Lives Research Institute, Working Lives News, February 2012

Read our online Newsletter here

___________________________________________________________________________

16