Trade Union Development in

Final Report July 1999 - May 2004 CA # 118-A-00-99-00070-00 Table of Contents

Education Program

Rule of Law Program

Outreach Program

Attachments • A - Abbreviations • B - Education Seminars • C - International Forum on Trade Union Education • D - Materials Produced • E - PILC Consultations • F - Media Contacts Education Project

The education component of the Solidarity Center's trade union development program made a significant contribution to meeting two critical strategic objectives for Russia:

SO 2.1 - increased and better informed citizen participation in political and economic decision-making nationally and locally SO 2.2 - legal systems that better support democratic process and market reforms

Through the program, the Solidarity Center conducted over 360 seminars for 8,462 trade unionists (50.2 percent women). But the numbers alone do not reflect the long- lasting success of lhis program. The trade unionists in "The quality of the seminar these seminars learned about basic trade union principles, was beyond expectations. organizing. collective bargaining, national and The information on how to international worker rights, dispute resolution, enterprise protect our rights is financial documents, and health and safety. Thousands of extremely useful. We trade union activists were able to take the information learned about things we they acquired and transform their lives and the lives of never knew even existed. It their coworkers. As a result of their training, the trade gave a great stimulus for our unionists were empowered to participate in political and work and studying." economic decision-making and make changes to better Participant in Collective their lives. Bargaining Seminar, Yoshkar-Ola, Marii EI Republic October 27 - 28,1999 The education program was designed not only to improve workers' current situations, but also to promote sustainability of trade union education activities after the conclusion of AID-funded, Solidarity Center-organized programs. The development and distribution of numerous pamphlets, brochures and seminar materials, the training of future trade union educators and the direct program and financial involvement of Russian trade unions will ensure th~ future success of trade union education in Russia.

SO 2.1. INCREASED PARTICIPA TION IN DECISION· MAKING

Successfully increasing participation in decision-making on the local and national level requires stronger trade unions and more knowledgeable trade union leaders. To achieve that goal. the Solidarity Center addressed the varying needs of thousands of trade unions through the education program. Topics ranging from basic trade union membership motivation to highly complicated discussions of civil litigation were included in the program. With each course, more workers were able to understand the potential they have in participating in the decision making process. From local collective bargaining negotiations to national debates on labor code reform, thousands of trade unionists were able to participate in forging their future because they had greater knowledge. Coul'St$ conducted fTom July 1999 - May 2004 included:

Basic Unionism Collective Bargaining Labor Code Revisions Dispute Resolution Worker Rights Legal Skills Enhancement Organizing Skills Health and Safety Understanding Enterprise Financial Documents Trade Union Committees and Activities Train the Trainer Trade Union Record Kceping Indexation of Wage Arrcars in the Railroad Industry Trade Ur.ion Solidarity Disciplinary Actions Freedom of Association Ways to Counteract Trade Union Busting Labor Law Application Trade Un ion Action During Railroad Restructuring Work of a Shop Floor Union Committee Employee Administrative and Financial Re sponsibilities Work and Rest Schedules - Work Regulations Working with the Mass Media Recruiting New Members Trade Union Role in Raising Wages Enterprise Downsizing Implementation of Court Decisions Social Partnerships: Employecs. Employers and Trade Unions Social Security Trade Unions and Lay·Offs Trade Union Participation in Local Self·Governance Ways Trade Unions can Work with Local Legislatures State Social Guarantees: Trade Union Monitoring of the Right to Obtain Infonnation

The basic unionism and me·mbership recruitment seminars, while all differing slightly to address the needs of the individual unions, generally concentrated on developing the skills necessary to work with people and expand membership, which included analysis of case studies. Panicipants routinely analyzed successful local unions that had grown and were able to represent their members effectively and unsuccessful unions that had remained on the fringes of labor relations at a given enterprise. On the basis of these case studies of unions, the participants were able to make important conclusions about what workes and what does not. They also examined case studies illustrating productive relations with factory management and dead-end relations with management.

Collective bargaining and negotiation seminars focused on techniques for gathering financial infonnation from the enterprise, assessing the needs of the membership and negotiating the best contract. The seminars often included practice of negotiation skills through, for example, a role-play on the first negotiation session. When available, the instructors videotaped the rOle-play and later analyzed it with the participants. This activity proved very useful to the participants, The semlnars also provided infonnation on improving personal communication skills and on reading the person or people with

2 whom they were negotiating. Participants reported that they left with a very good grasp of the need to clearly define their short and long-tenn goals and the methods and skills they need to obtain those goals.

Participants in seminars on discipline were often surprised to discover that work discipline was not only about workers' responsibilities, but also about their rights. They were eager to learn about management obligations and rights as well. Participants appreciated the trainers' use of real-life examples when answering questions. They also valued the recommendations on handling discipline-related paperwork.

Seminars on social security and health insurance were conducted in order to help resolve multiple issues such as eligibility, payment of benefits and changes as a result of the insurance funds' refonns. Participants in these seminars noted that the instructors provided a very detailed explanation of insurance mechanisms and used many examples.

Worker rights seminars addressed international labor standards, national labor law and methods of using those standards and laws to protect the rights of workers. Seminars were developed based on the needs of the participants and varied widely.

At a roundtable in Novosibirsk in 2002, participants discussed the new labor code. Most of the organizations represented at the roundtable had been involved in individual and collective labor disputes under the new law. All of the participants agreed that the new Labor Code increased workers' vulnerability as it reduced the range of mechanisms available to trade unions to defend their members' rights. Participants drafted amendments that would address the following areas: the trade union right to represent members (under the Labor Code, many issues that affect individual workers such as work schedules, require consultations only with the majority union, as opposed to consultations with the trade union to which the worker belongs); the trade union right to represent members during a collective dispute; simplification of the strike procedure; and protection from strike breakers. Roundtable participants signed a petition to deputies of the State Duma, citing international labor standards and current domestic practice and requesting that the deputies bring the Labor Code into compliance with the international labor standards.

During another worker rights seminar. the instructors paid special attention to the division of authority between various state entities. During the seminar, a standard procedure for appealing to any state entity was developed. The seminar participants demonstrated special interest in learning how to hold employers accountable under the criminal, administrative and disciplinary legislation. At the end of the seminar, participants learned to fonnulate their demands and identify the appropriate state entity for appeal. Although each worker rights seminar was unique, the final result was a group of better-infonned trade union leaders, finnly committed to protecting worker rights.

3 Results As a direct result of the training program. many new trade unions were fanned over the past five years. In addition, trade unions panicipated in local and national debates on issues such as worker rights, health and safety. The following are examples of the kind of activities spurred by the Solidarity Center's programs.

• Following the Basic Organizing Skills seminar held in Berdsk in July 1999, a new teachers' union was fanned at Berdsk School # 40 and affiliated to the local trade union center. In addition, teachers at two daycare centers scheduled meetings to found a trade union.

• In 1999, the Solidarity Center's seminar graduates in founded 14 unions, including housing maintenance workers' unions in N. Sergi, Talitsa, Troitsky, N. Tagil and ; health care worker unions in Talitsk and Gorodischevo; and local industry workers unions in V. Dubrovo and Kamenetsk UraJsky_

• In 1999, a free trade union at the Novosibirsk Vocational Training School was founded with the help of activists of the Trade Union Center, "Trud", who had attended Solidarity Center-sponsored seminars.

• Soon after a January 2001 basic unionism seminar, the Union of Culture and Education Employees affiliated with the Novosibirsk Trade Union Center, Trud. The Trud now includes industrial and budget sector trade unions (mostly teachers' unions), with members distributed equally between both sectors.

• The Flight Attendants' Union was founded in 1999. In April 2000. its members attended a Solidarity Center-sponsored Basic Trade Unionism seminar. Since then the union has become a national structure and received state registration and many new local organizations have been founded.

• Cooperation among Russian trade unions was the topic of a February 2001 meeting between Solidarity Center staff and union activists. The goal of the roundtable was to assess the possibility of cooperation between trade unions affiliated with associations at various levels - from the enterprise level to joint negotiations of the Oblast tri­ partite agreement. Despite the last minute refusal of representatives of the Oblast Trade Union Federation (FNPR) to participate, the round table was a success. Participants discussed the current situation in the labor movement. They evaluated possibilities for union-to-union cooperation, and decided the most promising direction for coordination was the resolution of social issues through the creation of a joint representative body. Participants prepared recommendations for local unions and spelled them out in a document entitled "Basic Directions for Cooperation Between Trade Unions, Local Organizations and Associations". In these recommendations, they proposed a mechanism for coordinating their efforts in collective bargaining, collective labor dispute resolution, conducting mass actions, etc. A presentation was made by the State Duma deputy, VKT Vice-President Anatoly Ivanov, who spoke

4 about progress in the work with draft Labor Codes. Cooperation in addressing political and economic concerns is fundamental to the strategic objective of increasing participation in decision·making. "I had no idea that a • The union of elevator repair workers in Tyumen was in a pre-strike trade union mode during a March 2001 seminar on dispute resolution. Utilizing has so many the skills learned at the seminar, the elevator repair workers were rights" able to defend their rights during the subsequent strike. The Participant in Basic Unionism resolution ending the strike recognized all of the workers' demands Vilyuchinsk, and set a time schedule for management fulfillment of these Kamchatka demands. Representatives of other unions were also very interested Oblasl in practical aspects of labor dispute resolution. July 8·10, 2000 I • During the first half of 2001, participants in Solidarity Center·sponsored seminars founded the Union of Chemical Industry Workers and the Free Trade Union at the Voronezh Ri ver Port.

• In 2001, ten new unions were founded in Novosibirsk and Novosibirsk Oblast. They included local unions of maintenance workers in Berdsk, unions of utility workers in Novosibirsk, as well as teachers' unions in five Chistoozernoye schools and in Novosibirsk.

• In 2001, the Novosibirsk teachers' unions conducted a campaign to conclude new collective agreements that used the exact language in the then·current labor code to reduce the potentially negative effects of a new labor code on trade union and worker rights. Despite management's efforts to delay the conclusion of any new agreements until a new labor code was already in effect, the unions' persistence paid off, and 14 new agreements were signed.

• In Ekaterinburg, as a result of the education program and legal services provided by the Pll..C, the following organizations were founded and ~egistered in 2001:

1. Inter-regional association Trade Union Center of the Urals Federal District (includes trade unions of Sverdlovsk, CheJyabinsk, and Tyumen oblasts) 2. Trade Union of Health Care Professionals, Verkh - Ne~ vinsk (Sverdlovsk oblast): 15 members I 3. Employees' Union (mostly teachers), Revda (Sverdlovsk oblast): 15 members 4. Trade Union of Store Employees, Ekaterinburg: three members 5. Local union at the Northern Tram Depot: 10 members

• An October 2001 roundtable discussion was held with leaders of the Russian Independent Miners' Union (NPGR) to discuss the proposed new labor code. The participants agreed that the proposed new Labor Code w6uld significantly worsen workers' position and would undennine free trade unions' strength. At the end of the meeting, panicipants adopted open letters to the government and the president,

5 protesting the contents in the draft Labor Code. Additional activities involving the proposed labor code included:

1. Round table in Polevskoi, Sverdlovsk Oblast, organized by the union of teachers and the union at the municipal Hospital; 2. Rally against adoption of the new Labor Code in , Sverdlovsk Oblast, organized by the union at the Vanadium Combinat; 3. Participation in the Conference of Democratic Trade Unions; 4. Action of protest against the new Labor Code organized in Tyumen as part of an election campaign by chair of the local Elevator Operators' Union and chair of the Tyumen Oblast Trade Union center, who were running for seats in the Tyumen Oblast Duma; 5. Trade u:lions of Sverdlovsk and Tyumen Oblasts filed over 20 lawsuits over procedural violations during the State Duma's consideration of the Labor Code in the first reading; 6. Round table to discuss the draft Labor Code was conducted in Voronezh for free trade unions; 7. Another round table devoted to the Labor Code was conducted in the Voronezh Oblast Administration; in attendance were representatives of FNPR unions, free trade unions. mass media and oblast authorities; 8. Kuzbass Trade Union Federation staged a protest against the draft Labor Code 9. Two all·Russian trade union confederations - the VKT and KTR - appealed to the ILO for a conclusion as to the degree to which the! draft labor code conforms with obligatory, ILO standards on freedom of association and the right to collective bargaining. The ILO conclusion supported the unions' position that the draft code violated these fundamental labor standards; 10. "Protection of Labor", SOlsprof, The Russian Federation of Air Traffic Controllers' Unions and The Russian Trade Union of Aviation Navigation and Communication Employees conducted picket lines against the draft code; 11. The Russian Federation of Air Traffic Controllers' Unions conducted a hunger strike in over 40 subjects of the Russian Federation in protest over the draft Labor Code; I 12. Dock Workers' Union of the Kola Peninsula conducted a rally and a staged a puppet show to depict the struggle around the draft Labor Code; 13. Free trade unions of Novosibirsk organized a picketing in support of the air traffic controllers' hunger strike against adoption of the new Labor Code

• Through the last half of 2001, the following new unions were registered as a result of the support and training provided by the education program of the Solidarity Center:

1. The Independent Democratic Workers' Solidarity Union at the Nevinnomyssk Silicate Brick Factory, Stavropol Kray 2. The Union of Employees of the Central Bank Storage 3. The KTR·affiliated Murmansk Union of Seafarers, fishers and the FNPR· affiliated Union of Trawler Workers 4. The local union of Electric Transportation Employees of , which is affiliated with the Sverdlovsk Oblast Transportation Employees Union.

6 5. The local union of mechanics affiliated to the union "Zaschitnik" 6. The local organization of the Free Trade Union of Transportation Employees at the Nizhny Tagil Electric Transportation Enterprise. 7. The local union of House-Building Plant Employees in Linevo, Novosibirsk Obla't 8. The Trade Union of Law Enforcement Officers in Novosibirsk 9. Two new teachers' unions with a total membership of 60 in Chistoozernoye, Novosibirsk oblast. 10. The Trade Union of Traffic Police Officers in Novosibirsk 11. A local union at the Voronezh Bakery #1 12. The Trade Union of Service Employees in Voronezh 13. A local union at the Voronezh Oblast State Housing Inspection; the new organization affiliated with the Trade Union Of Heating Networks, Communal Service and Municipal Organization Employees. 14. The Trade Union of Laundry Service Employees in Voronezh. 15. The Trade Union of River Port Employees in Voronezh. 16. Trade Union of Phannaceutics Employees at the VeroFann factory, Voronezh 17. A local organization of the RPLBZh (locomotive engineers' union) at a depot on the Moscow Road. 18. Free Trade Union of Employees of the Freza factory, Petropavlovsk-Kamchatsky 19. Free Trade Union of Teachers at the School #26 in Petropavlovsk-Kamchatsky 20. Regional organization of the Russian Confederation of Labor (KTR) in Kamchatka 21. A local organization of the Russian Dockworkers' Union at the port of Zarubino. Primorsky Kray

• In 2001, the two regional trade union centers, the Siberian Regional Trade Union Center and the Berdsk Trade Union Center, joined together and founded the Novosibirsk Oblast Free Trade Union Confederation

• Several new unions were founded during the first half of (2002. Many of these were the result of workers' participation in Solidarity Center education activities.

1. In April, eight workers founded the local trade union in Transportation Shop Floor #920, Uralvagonzavod (Urals' Train Car Factory), Nizhnyi Tagil, which is affiliated [Q the UralProfCenter; by the end of June 2002. membership had grown to 23. 2. Following a Citywide strike by kiosk workers in Ekaterinburg, a trade union was founded uniting workers throughout the network of the Municipal Enterprise uRospechat", The union is affiliated to the UralProfCenter. 3, Local trade union at $1. Petersburg'S "Mirror Company" was founded and affiliated to SotsProf. 4. The Federation of Air Traffic Controllers (FPAD) and the Union of Air Navigation and Communication Employees (PARRIS) founded the All-Russian Trade Union Association "Air Navigation",

7 S. Local trade union in the orphanage "Beryozka" in Novosibirsk oblast was founded and affiliated to the Chistoozemoye regional trade union. which in tum is affiliated to the Siberian Regional Trade Union Center. 6. Local trade union at Novosibirsk factory "Vybor" was founded and affiliated with the Siberian Regional Union Center, the union "Instead of just originally united 49 workers; by the end of 2002, membership had talking about attracting new grown to 142 workers. members. I feel 7. Due to a growing number of affiliates representing workers in like I now have heavy industry and the need for local registration status (a the skills to act". requirement of the new Labor Code), the Siberian Regional Trade Panicipan{ in "Recruiting New Union Center founded the branch union Trade Union of Industrial Union Members" Workers. Freestanding affiliates can now register as locals of this Berdsk, Novosibirsk branch union. Oblast February 28·March 2.2003 The Russian Trade Union of Locomotive Engineers (RPLBZh) organized local unions at the Moscow-3 Depot, Oktyabrskaya Repair Depot #21. Uzlovaya Repair Depot, Uzlovaya Railroad, Ilyich Depot in Tula Oblast, and Yelets depot in Moscow Oblast.

• In cities that hosted Solidarity Center education programs during the last six months of 2002. nine enterprise-level unions with over 143 members were founded. Sixteen existing unions recruited 642 new members, while seven unions lost a total of slightly over 300 members. Other important developments included:

1. The Free Trade Union at the Water Networks, St. Petersburg. signed a good collective bargaining agreement together with a much larger union working at the same enterprise. 2. The Trade Union Organization of PRIAS (Trade Union of Aviation Engineers and Technicians) in Perm won a 17 percent raise as a result of successful negotiations. The union also provides financial assistance in case of dismissal to committee One of the participants said that he members and to representatives in understood "not just the goal of the commission for labor dispute collective bargaining. but also the resolution. The amount of problems we are bound to encounter. I financial assistance has been set at am ready!" 50,000 rubles per person. Panicipant in Collective 3. The Trade Union of Elevator BargaininglNegoliation Tactics Operators, Tyumen, conducted a St. Petersburg series of successful protest March 23-25. 2001 actions, as a result of which they received back wages, compensation for unused annual leave, and payments by their employer to the Pension Fund, which the employer had been violating the law to avoid.

• A massive wave of protests against government plans to reform the pay system in the budget sector swept Russia from February 27-28, 2003. The government proposed canceling the "unified tariff grid", which dictated a single system of tariffs for the

8 sector. In reality, the government was shifting responsibility for workers' wages from the federal level to the regions. The plan was to lead to a further reduction in wages. Trade unions in the state sector (teachers, health care, and culture employees) insisted that wages must be increased before consideration of any reforms in the payment system. The protest received broad public support and wide media coverage. As a result, the Russian President decided to reopen discussion of the proposed reforms. The proximity of parliamentary and presidential elections influenced this decision.

• In those cities that hosted Solidarity Center education programs during the first six months of 2003, thirteen enterprise-level unions with over 283 members were founded. In addition, 4 regional trade union organizations were founded. Nine existing unions recruited 297 new members, while four unions lost 202 members. At least nine unions signed collective bargaining agreements and a national tariff agreement was signed after protracted negotiations.

• In late 2003, nine enterprise-level unions with over 215 members were founded. In addition, three regional trade union organizations were founded. Four existing unions recruited 194 new members, while four unions lost members. Two unions negotiated a wage raise and two trade unions signed collective bargaining agreements. New trade unions included: 1. Two new shop-floor unions within the Tenitorial RPLBZh (Locomotive Engineers' Union of Russia) Organization of the Sverdlovsk Railroad 2. RPLBZh union at the Domodedovo Locomotive Depot, Moscow Oblast 3. RPLBZh union in OryoJ 4. RPLBZh union (shop-floor organization of the Moscow Railroad controllers) 5. Trade Union of Rock Musicians, Moscow 6. Trade Union of Health Care Professionals at a private clinic, Moscow 7. Trade Union of the Mechanical Repair Factory Employees, Novosibirsk, affiliated with the Trade Union of Industrial Labor, which is a member of the Siberian Regional Trade Union Center 8. Trade Union of Security Guards at the Academy of Science, Novosibirsk, affiliated with the Novosibirsk Oblast Union of Security Guards, which is a member of the Siberian Regional Trade Union Center 9. Trade Union at the Gigant Factory, Novosibirsk

SO 2,2, LEGAL SYSTEMS THAT BETTER SUPPORT THE DEMOCRA TIC PROCESS AND MARKET REFORMS

The education component of this project addressed this strategic objective by reviewing court decisions and the implementation of those decisions with trade unionists. By educating trade unionists on worker rights, court procedures and implementation after a decision has been rendered, the Solidarity Center equipped them to provide greater support for a solid, dem.ocratic court system.

9 For example. in July 2000, the Ekaterinburg Pll..C conducted a seminar on court decision implementation procedures. Usually, this subject was included as a module in Individual Labor Dispute Resolution seminars. However, due to multiple problems with the implementation of court decisions, the partiCipants requested a seminar exclusively devoted to this subject. During the seminar design process, all participants were asked to bring court decisions pending implementation and any correspondence related to the implementation. The seminar participants spent a lot of time working in small groups drafting documents pertinent to specific court decisions that had not been implemented. One seminar participant noted that "it was particularly useful to discuss with other workers real court cases, real non-implementation situations with the input of legal experts"; another participant stressed that she was leaving the seminar with confidence that "there are measures to be taken and I know what they are - our decisions will be implemented!"· The participants expressed interest in the future seminars on enterprise financial information, trade union record keeping, and wage arrears. Following this seminar, the trainers finalized the lesson plan so that they could utilize it at other such seminars.

A March 2001, a seminar on trade unions and ci vil litigation was held for members of the Central Council of the Russian Trade Union of Mining and Metallurgy (GMPR) as requested by the leadership of the union. Many participants had limited experience in litigation, and those who had attempted litigation had been unsuccessful. The seminar participants reviewed such failed suits and determined that the cases were not hopeless. In one of those cases, the plaintiffs simply were unaware that the court ruling could have been appealed. Future court cases will be stronger as a result of the training these union members received.

A seminar was convened in St. Petersburg in June 2002 for employees from the Solidarity Center-supported Pll...Cs and union leaders from the host region. The goal was to provide practicing labor lawyers an opportunity to share their experiences, compare notes, and learn about new legislative initiatives. Each Pll..C was responsible for preparing a report on a new law or regulation and its implementation. The main topic of conversation centered around the application of the new Russian Federation Labor Code, which came into effect on February 1. 2002. During the course of the seminar, participants exchanged ideas on the application of the new labor code and discussed upgrading the continuous informational exchange between the law centers represented.

A seminar entitled, Civil Procedure: Roles of Plaintiffs, Representati ves, Witnesses and Defendants, was held in Tyumen in October 2002. It was conducted at the initiative of the Tyumen Oblast Trade Union Center. The purpose of the seminar was to teach trade union activists how to participate in civil litigation. Participants were particularly impressed with the role-play, which was a simulation of a court hearing. In preparation for the seminar, participants were required to submit documentation of current cases pending litigation. The instructors worked from these documents, organizing group exercises on litigation and trade union tactics. As a result of the discussion of these cases, a participant stated, '" came with many questions, all of them concerned pnlctice,

10 not theory. I not only leave with answers, I leave with ideas of how to act in the absence of answers".

Following the introduction of a new civil procedural code, participants in a February 2003 seminar studied the new code, which dictates all of the procedures by which a labor case is considered. The activists from trade unions in Sverdlovsk, Chelyabinsk, and Tyumen Oblasts analyzed past court practices in the light of the new law. Despite the challenging nature of the material, students noted that they felt better prepared to avoid procedural mistakes when filing a court case.

SUSTAINABILITY OF TRADE UNION EDUCA nON The sustainability of trade union education depends upon the enthusiasm and capability of the Russian trade union movement, as well as their continued access to infonnation and other tools necessary to organize an education program. To that end, the Solidarity Center produced and printed many materials, which the trade union movement will be able to copy and distribute in future programs. The Solidarity Center also encouraged trade unions to assess their needs in order to develop the most appropriate topics for an education program. The unions were also encouraged to participate in the planning and financing of all education programs. Finally, over 270 trade unionists received training on methods of conducting an education program. With this background, the Russian trade union movement is well equipped to further the goals of the education program.

Materials Many brochures and pamphlets were developed and printed during the program period which were very useful to trade unionists in the classes and will be a significant part of future training programs. Some of these include:

"1001 Ways to Get Your Back Pay" "Labor and Social Rights of the Disabled" "Laws That Affect Labor Relations" "Legal Grounds and Methods for Disputing Actions of an Official" "ILO Procedures for Complaints on Violations of International Legal Standards" "Digest of Supreme Court Decisions Related to Labor Issues" "Trade Union Bookkeeping" "Collective Bargaining Procedures" "Collective Labor Disputes: Digest of Legislation, Commentary, and Court Practice" "List of Occupations that are forbidden to Women and Youth under the Age of 18" "Civil Service as an Alternative to Military Service"

Solidarity Center staff compiled each of these pamphlets to address current issues of concern for Russian trade unionists. They were printed and distributed through education programs or directly to trade union members through the Sol ~ darity Center mailing list. They will all be available for future use by the Russian trade union movement as they

11 have been retained by the unions and by the public interest law centers. A more complete list of the pamphlets, brochures and leaflets produced during the grant period is in the attachment section of this report.

Training of Trainers During the course of the grant, the Solidarity Center trained 276 trade unionists as future trade union educators. These trainers will be able to carry forward the knowledge they gained by conducting future education seminars for scores of Russi an workers. Discussion topics varied according to the specific needs of the participants, but they generally included methods of trade union education, public speaking skills, active training methods, difficult situations in training, and seminar planning and preparation. Participants prepared teaching plans for seminars on basic unionism, trade union bookkeeping, mass actions, trade union organizing, and health and safety. The participants were able to take these teaching plans with them to use in future training sessions. Overall, the Solidarity Center was very pleased with the level of excitement and commitment demonstrated by the participants. It was clear during the 16 seminars conducted over the five-year period that the newly tralned trainers were eager to develop new skills and wanted to learn how to work with their members more effectively. They believe that education is the answer to weak trade union activism.

Perhaps one of the most useful activities to Typical Materials distributed to ensure the future of trade union education in seminar participants: Russia was the two-day International Forum on 1. Train-the-Trainer manual Trade Union Education which was designed to 2. sample seminar plan review and share teaching experiences among 3. examples of problems and trade union educators. The 443 participants techniques came from Russia. Ukraine. Moldova, Belarus, 4. tips on the characteristics of a trade Georgia, Azerbaijan, Lithuania, Sweden, union audience Denmark, NOlway, Germany, Great Britain, 5. tips on how to overcome trainer's Netherlands, Bulgaria and the USA. Group anxiety discussions included: 1) education at the 6. ideas on why a seminar might turn enterprise level, 2) training trade union out to be ineffective instructors, 3) using education for organizing, 7. reacting to aggressive behavior 4) employing modem technologies, specifically 8. preparing for public speaking the internet. Organizers of the forum 9. selectino- the right training method instructed discussion leaders to encourage initiative and deviation from a single point of view. The motto of the forum: "active training - active unions", as well as constant discussions of "new methods," "modern approaches," "active forms," etc., made everyone look at normal activities from an unusual viewpoint.

A typical example of the impact training future trainers can have is a February 2003 seminar held in Togliatti which was organized at the initiative of the 140,OOO-member union working at the AvtoVAZ Automobile Factory. Traditionally, the union has emphasized training new activists, and in that respect ir is known as a leader in the

12 industry. It has carried out several training programs with various organizations, including international ones. However, the majority of these programs emphasized lectures and two trade union activists who had participated in the Solidarity Center's July 2002 train-the-trainer program came away convinced that active training methods were needed in the union's education program. The union contacted the Solidarity Center requesting a train-the-trainer program solely for the local's activists. At the seminar, participants prepared and discussed plans of actual seminars. Within two weeks following the seminar, three program graduates conducted trainings on their own, and two more seminars were held soon thereafter.

Participation in Financial and Logistical Arrangements One key to the -sustain ability of an education program in Russia is the ability of the trade unions to plan, execute and finance seminars. During the course of the grant, the Russian trade unions were in charge of all seminar logistics, which included decisions on seminar topics, correspondence with participants, scheduling, and venue preparation. With the exception of the train-the-trainer programs, the programs were conducted outside of Moscow by Russian trainers. In addition, the trade unions provided considerable in­ kind contributions towards the costs of the seminars. With this experience in logistics and financial support, the Russian trade unions are well equipped to continue a trade union education program.

RULE OF LAW PROGRAM The Rule of Law Program was a highly successful component of the Solidarity Center project in Russia. Thousands of Russian workers were able to use the legal system to effectively address their workplace problems. The trade unidnists who used the Solidarity Center's Public Interest Law Centers (PILCs) learned how to use the legal system to their benefit and have been positioned to pass along their experiences to others. In addition, Russian trade unionists received analysis of legislation that allowed them to make more infonned decisions on whether to support pending legislation or advocate for changes in current law. In that regard, the Rule of Law Program addressed AID's strategic objectives for Russia:

SO 2.1 - increased, better informed citizens' participation in political and economic decision-making nationally and locally SO 2.2 - legal systems that better support the democratic process and market reforms

The anticipated result of the program, as defined in the program proposal, was that "union activists demonstrate knowledge of contractual obligations and legislation through the use of litigation and other legal mechanisms to enforce adherence to the law by enterprise management and the government." (RFA No . 118-99-002) It is clear from the shear numbers of union activists who participated in the program as well as the many cases described below that Russian trade unionists gained knowledge of the legal system and their rights and used the new infonnation and resources to improve their own lives

13 and the lives of thousands of other workers affected by the legal rulings and legislative decisions.

Backround Most Russian citizens have limited access to legal representation or consultation. The KolJegia Advokatov, an association of legal advocates, is required by law to provide legal consultations on Public Interest Law Center Locations Jabor issues free of charge. However, this rarely occurs. In addition, the St. Petersburg Kollegia is not independent of the Moscow federal government structure; Voronezh therefore, in cases against the state, Ekaterinburg there is an inherent conflict of Novosibirsk interest. With few resources and Vladivostok limited access to independent legal Petropavlovsk-Kamchatsky counsel, Russian workers have little hope of satisfactorily resolving their individual or collective conflicts with employers or the government.

The Solidarity Center's public interest law centers (PILCs) sought to fill the gap in the legal system by providing legal counsel to individual workers and trade unions facing the daunting task of defending their rights before the coun. The pn..c staff addressed the glaring need for infonned representation but they also served as a source of infonnation on legislative actions. Staff regularly provided analysis of pending or newly approved legislation to trade unions as well as the general public so that workers had the knowledge to fonn opinions and react to legislative developments. The infonnation was disseminated through direct contact with interested panies, through education courses and through mass media outlets. With this infonnation, citizens could more effectively participate in the democratic process.

SO 2.1. INFORMED CITIZEN PARTICIPATION IN DESCISION-MAKING

Legislative Analysis The PILC staff regularly monitored the legislative changes at the regional and national levels. PILC lawyers wrote critiques of the draft legislation that concerned workers, and distributed this infonnation to trade unionists and legislators. They compiled explanations and commentaries for various newly adopted laws. Such materials were distributed through the Solidarity Center mailing list. at all seminars, and often were published in the mass media. In addition, the legal staff participated in the work of several legislative study groups.

Perhaps the most important piece of legislation from 1999-2004 was the adoption of a new Labor Code in 2002. The newly adopted Labor Code was a source of confusion

14 among trade union leaders especially during the first few months. In order to clarify the various sections of the new Labor Code, PILC lawyers conducted numerous training seminars for unions in areas such as Kamchatka, Voronezh, Moscow, S1. Petersburg, Ekaterinburg and Novosibirsk. Often, the seminars were directed to one industry or type of worker, so that the lawyers could individually direct the information and the trade unionists could receive very specific facts about their unique situations.

In addition to the new Labor Code, PILC staff lawyers conducted or co-taught many serrUnars throughout the course of the project on pending legislation or newly adopted laws as well as procedural matters. The topics included:

• "Work of the Shop-Floor Committee" • "Trade Union Building" • "Basic Unionism". • "What's New in Labor Laws". • ''Trade Union Rights". • "Education Sector Employees and the New Labor Code". • "Financial Responsibility of Parties to an Employment Contract" • "Employee Disciplinary and Financial Responsibility". • "Record-KeepingfTrade Union Registration". • "Labor Code in Trade Union Work" • "Individual Labor Dispute Resolution: Commission for Labor Dispute Resolution" • "New Labor CodeJMotivation for Trade Union Membership" • "Work and Rest Schedules/Specifics of Work Regula!;on for Certain Categories of Employees" .. ''Trade Union Organizing" • "Collective Bargaining Agreements Under the New Labor Code" • Review of Laws Published in the Rossiiskaya Gazeta in June

In addition to the legislative seminars, the PILC staff regularly wrote and distributed reviews of current laws, amendments and pending legislation. The information was distributed through seminars, trade unions and the Solidarity Center mailing list. Examples of the analysis briefs during 2002 include:

.. Review of new laws adopted in S1. Petersburg in July • Review of laws (civil, labor and social security) adopted in S1. Petersburg from July - September .. Review of the Supreme Court Bulletin, September .. Summary of articles from the Russkaya Yustitsia (Russian Justice) magazine, September • Review of local laws adopted in S1. Petersburg from September - October • Review of federal laws adopted from September - October • Brief overview of news in legislation for September

15 From 1999 to 2004, the Solidarity Center PILes successfully litigated thousands of cases resulting in:

$617,875 - awarded by [he court $437,625 - actual payouts as a result of the implementation of court decisions

• Review of local laws adopted in St. Petersburg from October - November • Review of local laws adopted in St. Petersburg from November - December • Amended edition of the brochure "Worker Rights During Downsizing" • Brochure on the Social Security System in Russia • Commentary to the New Law on Registration of Legal Entities • Brochure on Indexation of Wages, with Court Decisions and Arguments. A complete list of publications drafted and produced by PILC staff can be found in Attachment D.

SO 2,2, LEGAL SYSTEMS THAT BETTER SUPPORT THE DEMOCRATIC PROCESS

Consultations During the course of the program, the PILC staff provided over 32,000 consultations related to workers' concerns over civil procedures, dismissals and reinstatements, annual leave, wage arrears, compensation, collective bargaining and more. Consultations were conducted in person as well as through the internet via the Solidarity Center website.

A complete breakdown of the consultations provided between 1999 and 2004 can be found in the attachments. (Attachment E)

Litigation The Solidarity Center's PILCs did not limit their legal assistance to consultations on legal issues and access to the court system. Reading and interpreting laws can prove simple, in comparison to negotiating the legalistic, bureaucratic, and psychological obstacles encountered by citizens during the litigation process. The court system operates according to its own laws and "hearings" are held in a language that can be very intimidating. In addition, an inexperienced person is often unaware of the procedural errors that are encountered from the very first minute helshe contacts the court. For instance, clerks often simply decline to provide a written expl1anation for refusal to accept a case. This illegal practice needs to be challenged - a challenge that requires legal assistance. In addition, experienced litigators have their own methods for avoiding such problems, methods that PILC staff passed on to their clients. Rule of law in Russia needs to start with the court system. Constant pressure from below can often produce more effective results than decrees from above.

16 The following are examples of the impact of the PILC litigation assistance divided by subject matter.

From 1999 to 2004, the Solidarity Center PILCs represented in court: 17,540 cases 12,374 men 4,417 women 749 unions

WORKER RIGHTS Thirty-one candy factory workers were fired after they refused to sell their shares to the director. The Kamensk-Uralskii Court (Sverdlovsk oblast) agreed to hear the case brought by a candy factory worker, Samokhina. who had been laid-off along with thirty other people. The workers had refused to sell their company shares to the director of the factory, making it apparent that labor and ownership rights were highly intertwined. The court had already reinstated some of these workers twice. In September 1999, the court reinstated Samokhina and awarded her R3,150 in lost wages and Rl,OOO in moral damages (the total equals approximately $166.) However. in such cases the victory cannot be considered final, since the management continues to lay-off workers. The factory director has not given up hope of dismissing these workers. For instance, while the workers were defending their rights in court, management fired two of them for absenteeism since they missed one day of work while traveling back from . The workers sued to be reinstated yet again. (1999)

Chair of a local trade union of air-tramc controllers was reinstated through a court ruling. Moscow PILC legal staff represented V. Konusenko, chair of the Domodedovo Airport Air Traffic Controllers' Trade Union and a member of the Commission for Labor Dispute Resolution at Domodedovo Airport. Konusenko fileU a suit for reinstatement after being fired for absenteeism. He demanded reinstatement, as he had obtained permission to be absent from his job from his immediate supervisor, and during his dismissal, management violated the legal procedure for firing an elected trade union officer. In addition to reinstatement, Konusenko demanded payment of lost wages in the amount of R21,OOO ($750) and punitive damages in the amount of R50,OOO ($1,786.) The court satisfied his demands partially: Konusenko was reinstated, awarded lost pay, as well as R300 ($11) in punitive damages. (2000)

An illegal job transfer and dismissal were prevented in St. Petersburg. S1. Petersburg legal staff won a case on behalf of RPLBZh member V. Vasiliev, who had been fired for refusing to accept an illegal transfer to a lower-paying job and to take qualification exams during his time off. The plaintiff demanded reinstatement, payment wages for lost time and compensation of moral damages. The court supported the plaintiff, reinstated him and awarded him R47,969 ($1,703) in lost wages and RI,OOO ($36) in moral damages. (2000)

17 machine builders won a case against management involving compensation and working conditions. Four Nevyansk TechMash factory workers filed a lawsuit against company management, demanding reinstatement, payment for lost time, and compensation for moral damages. Prior to being fired they (and their co-workers) had worked 12-hour shifts without weekends off for two months, due to an unfavorable conlmet signed by the management. In addition, workers were not paid for their unrecorded weekend work, during which lunch breaks were forbidden. Six workers protested the situation by staying home one weekend. Four of them were fired, and the remaining two lost their bonuses and six months worth of seniority benefits. In February 2000, the court ruled to reinstate the workers, award them lost wages and Rl,OOO in compensation for moral damages (total amount awarded in the case - Rll,326 or $404.50). The reinstated workers created a free trade union in order to protect their rights in the future. Notably, the chair of the FNPR-affiliated trade union at the factory held a pro-management position and never attempted to defend the abused workers. (2000)

A number of illegal dismissals took place at the State TV and Radio Company (VGTRK) in Moscow in the fan of 1999. While laying off about 200 staff members, the company fai led to observe the procedure mandated by law. Based on these violations of labor legislation, the journalists filed suits for reinstatement and won them. While the company partially complied with the court rulings by allowing the workers to return, in defiance of the ruling, it ensured that the reinstated workers did not get their old jobs back, had nothing to do, and were reduced to simply sitting at empty desks in small rooms. As the workers saw no point to sitting at empty desks, after a couple of months they stopped showing up for work and were immediately fired for absenteeism. For example, the free trade union member Vostrikova was fired for a second time in March 2000, and journaliSts Gultyai and Ivanitsky were fired in January 2000. In July 2000, the fired workers were reinstated a second time and compensated for lost time: Vostrikova was awarded Rl,600 ($57); Ivanitsky was awarded R60,OOO ($2,143), and Gultyai was awarded R20,OOO ($740). In addition. each plaintiff was awarded R500 ($8) in compensation for punitive damages. (2000)

In October 2000, Moscow PILe legal staff litigated a case on behalf of a McDonalds' factory driver, Druzhinin, a trade union committee member at an FNPR·affiliated local union. The court ruled in favor of the worker in a decision based on the fact that the trade union is a legal entity. McDonalds' management fined Druzhinin DM 5.100 and R200. as he allegedly dropped and damaged two accumulator batteries. The plaintiff noted that only one of those batteries was dropped, and the damage was just R200. In addition, he demanded canrellation of the fine, as management failed to ask the union's approval for this disciplinary action against an elected union official. Eyewitnesses of the incident - other MeDon aids employees - refused to testify in court in favor of Druzhinin after receiving threats from management. Testimony of the witnesses invited to court by management was inconsistent with their previous written statements.

18 The General Director of Moscow-McDonalds and his lawyers questioned the legitimacy of the trade union with the Director further stating he was not aware there even was a union. In response, Druzhinin's attorney questioned the legitimacy of the Moscow McDonalds' founding documents. After both parties proved that they have been legitimately founded, the court ruled in favor of the plaintiff and the fine imposed on Druzhinin was canceled. The court proceedings received wide coverage in local and international media. The Moscow Times, The Guardian, Liberation, and Solidarity published articles on the case and the tactics used by McDonalds management against the plaintiff and other members of the trade union. The State Duma Commission on Collective Labor Disputes and Conflict Resolution held a special hearing on trade union discrimination at the Moscow McDonalds and violation of the right to bargain collectively. Subsequently, the Russian Labor Inspectorate inspected a large number of Moscow-based'MacDonald's restaurants and the food-processing factory, and documented dozens of violations of labor laws and imposed fines.

The court victory was notable as the case involved the failure to observe trade union and worker rights by a major transnational company, and because the court stressed that it ruled in accordance with the law "On Trade Unions ... " which requires a trade union committee's approval for disciplinary measures of elected officials. In other words, the court based its ruling on the fact that the trade union was a legal entity. This explanation (the "motivational" part of the ruling) cannot be overestimated as, just like in the case described above, employers cited union illegitimacy in order to avoid procedures dictated by law regarding trade union officials. In addition, this ruling was important for all minority trade unions in the country. In this case, an FNPR-affiliated minority union won in court - this makes it harder for FNPR leadership to deny the existence and activities of non-FNPR-affiliated minority unions.

Strategically, there was a down side to this victory. The PILC lawyer did not base his arguments upon the legitimacy of the trade union - his belief (upheld by our partners throughout the country) was that in worker rights-related court cases, a union's legitimacy was not up for question. A union's legitimacy can and must be the point of a separate court case. The PILC legal staff believes that until a separate hearing is held and a verdict is delivered, a defendant should not get involved in arguments regarding the union's legitimacy. The situation has reached a level of the absurd in which an official of a union registered with the Ministry of Justice was not reinstated because the court decided that the registration was invalid based on unknown grounds. The inquiry into the legitimacy of a union's founding during court proceedings related to other issues has become the favored form of union busting in the Russian Federation. (2000)

PILe lawyers won a precedent setting case involving false accusations of drunkenness against drivers - especially free trade union activists. In October 2000, Yekaterinburg PILC legal staff litigated a case on behalf of a free trade union member Voronov, an ambulance driver. In January 1999, Voronov was disciplined for allegedly appearing at work drunk. Management withdrew his bonus and one month's wages. Voronov objected to the charge of drunkenness and filed a complaint with the Labor Dispute Resolution Commission (KTS). The KTS met with6ut Voronov present and

19 agreed with the disciplinary measure. After that Voronov filed a lawsuit. The lest used to determine intoxication using a breathing tube is frequently performed incorrectly, and drivers are not informed of how to dispute test results. This case was the first time anyone disputed alcohol test results in court. The court agreed that Voronov was disciplined unjustly, and awarded him R985 ($35) in compensation. (2000)

The court repudiated abuse of short-term contract workers. In September 2000, the Pll..C staff litigated a case on reinstatement of cafeteria worker, 1. Nikitina. Nikitina was fired from her job where she was employed under a two-month contract. According to the Russian legislation, the contract is automatically extended if neither of the parties request termination of employment upon the contract's expiration. The management illegally terminated Nikitina's employment ten days after the contract's expiration date. Nikitina was reinstated and awarded R 1,286 rubles ($46) in lost wages. This case was important because many employers repeatedly conclude short-term conlracts with the same workers, denying workers the rights guaranteed to full-time employees. Workers often do not know their rights, and do not hold employers to implementation of the law. (2000)

The European Court of Human Rights condemned the Russian practice of institutionalizing people who dare to fight for their rights. In March 2001, the Ekaterinburg PILC litigated a groundbreaking case with the European Court of Human Rights. The case involved a woman who, by court order, was confined to a mental institution because she fought for workers' rights. In an attempt to found a trade union, she incurred the wrath of the management who convinced the court that she was criminally insane. The European Court oveIturned that decision stating that she had been wrongly accused. The hospital, local health department, and municipal government were held responsible for the wrongful incarceration. (2001)

St. Petersburg PILC staff helped reinstate Komarov, Chair of a local RPLBZh union, who had been fired without the union's permission. The court awarded Komarov a total of R4,763 ($170) for lost wages and punitive damages. Ever since the strike on the Oktiabrskaya Railroad in 1999, RPLBZh activists have faced the increased pressure from railroad management. This victory provided a much-needed moral boost for both activists and leaders of the union. (2001)

M. Semionov, chief technical inspector of the Union of Railroad Maintenance Workers, did not receive his bonus as a result of "absenteeism". In November 2(x){), Semionov missed a day at work because he participated in a trade union seminar. Management of the depot decided that his absence was illegitimate. as there was no collective agreement at the depot, specifying that trade union officers can take time-off fOT participation in trade union training. However, despite the absence of a collective agreement, the Law on Trade Unions provides for trade union officers to receive paid leave for training. The couIt ruled in favor of Semionov, demanding that management pay the bonus indexed to inflation .- 3.128 rubles (USD 108). (2001)

PILe efforts resulted in a landmark ruling requiring public prosecutors to fulfill their duties to the letter of the law. Russian law provides citizens and organizations

20 with the opportunity to appeal to the prosecutor's office when a law has been violated. The prosecutor is obligated to evaluate the facts, respond to the citizen or organization as to whether or not the law has actually been violated, and provide an explanation of its conclusion. However, in reality prosecutors often answer with a simple yes or no, without explaining the answer. If a citizen or an organization persists in attempting to get a clarification, the prosecutor's office often responds by terminating consideration of the complaint. In an extraordinary effort to stop this practice, trade union activist Smerdov from the Khanty-Mansi Autonomous District filed a lawsuit against the district prosecutor's office. He won the case in the Khanty-Mansi District Court, but the district prosecutor appealed the decision in the Supreme Court of the Russian Federation, which confirmed the earlier decision. Human rights activists rejoiced at the Supreme Court decision, which basically stated that prosecutors must perform their job, which entails conforming to national/regional laws. Both the district court and the Supreme Court have confirmed that it is possible to dispute prosecutors' illegal actions in court. Even the General Prosecutor's office did not support the position of the Khanty-Mansi prosecutor, proving that justice can sometimes rule over conuption and, corporate interests. (2001)

PILC lawyers won lost wages for an electrician illegally fired from his job. Electrician V. Polenov from St. Petersburg chaired the local organization of the Union of Security Guards. In 1998, he was falsely accused of failure to fulfill his responsibilities as an electrician and fired without the union's consent. Later, a district court reinstated him and awarded him Rl00,OOO in compensation for lost wages. The Municipal Court, however, cancelled the decision regarding compensation and sent the case back to the district court for review. In the district court, the plaintiff and his PILC representative presented evidence that showed how much Polenov was owed for the time he had been unemployed; the coun agreed with their reasoning, awarding the plaintiff most of the money he had been awarded initially: R90,738 ($2,927). (2002)

A transport union member was reinstated and compensated for dismissal. Lornovtseva, a bus conductor and ex-chair of the local organization of the Free Trade Union of Transportation Employees at Transportation Enterprise #4, Ekaterinburg, was fired due to management's "loss of trust" in her. Management alleged that Lomovtseva had sold bus tickets twice, pocketing proceedings from the second "sale". Lomovtseva filed a case for reinstatement. Management summoned several customers to the hearing, who stated that indeed Lomovtseva had sold the same tickets twice. However, the testimonies were flimsy and did not provide the necessary proof. In May 2002, the court ruled in Lomovtseva's favor, reinstating her and awarding her R24,OOO ($774) in compensation for 18 months of lost wages and RSOO ($16) in punitive damages. For the union, this was a double win: Lomovtseva had used her time off work to build the union and also received full "payment" for that work from management. In addition, as the leader of a relatively new union, it was essential that the union demonstrate that it could protect its leader from moral slander and punishment for her union activities. (2002)

PILC lawyers won an important case protecting the rights of employees of small retail enterprises. In April 2002, Petropavlovsk lawyers represented V. Grishin, an ex­ employee of a privately owned retail store who had been fired and denied wages for the

21 last five months of his employment. In coun, the defendant - the storeowner, claimed that he had not been the plaintiffs employer, that their relationship could only be discussed in the context of civil law, and that the amount requested by the plaintiff was calculated incorrectly. The court, however, decided that the plaintiff was indeed employed by the defendant, and that his monthly salary was R5,000 with a quarterly bonus of 70 percent of the monthly salary. The court awarded the plaintiff R29,162 in lost wages ($941). This case was important in light of the common practice of failure to sign contracts with employees in small retail outlets. Workers in small retail stores frequently have no rights at all. When they are fired, their employer simply claims that he or she has never seen the worker and has no idea who he or she is. The lack of documents makes it extremely problematic to establish labor relations. In this case, the lawyers were able to establish such a relationship due to the fact that the employer had actually paid taxes on the people he claimed were not employees. (2002)

PILe lawyers won reinstatement for illegal dismissal. Gavrilenko, deputy chair of the free trade union at the St. Petersburg Center for Assistance to Women, had been bauling with the management over reinstatement for over a year. She was fired and reinstated in September 2001. Subsequently she was dismissed again purportedly due to downsizing. She found out about the second dismissal three months after the fact (she had been working during the entire period). She was not notified of her dismissal in advance and neither was her union. Gavrilenko and her PILC representative believed that management dismissed her due to her union activism, particularly, her appeal to local authorities to fire the Center's director. In July 2002, a district court in St. Petersburg heard Gavrilenko's case against management. During the hearing, the parties reached a settlement, according to which Gavrilenko received RS9,OOO ($1,903) in compensation for lost wages. (2002)

Civilian military worker was compensated for time worked after she was dismissed without her knowledge. The military is the largest employer in Kamchatka. It is Critically under funded and frequently delays its payments. The Petropavlovsk PILe filed a lawsuit on behalf of Klimovich, a former warehouse director at one of the Petropavlovsk military detachments. She was laid-off due to downsizing in October 2002. However, when she received her employment record, she discovered that officially she had been dismissed in August 2002 thus denying her of wages for two months' work. In court, management agreed to pay Klimovich the two-month wages and change the date of her dismissal, and Klimovich withdrew her demand for compensation for punitive damages. She was awarded R12,268 ($396). Following the court victory, the Kamchatka Confederation of Labor began organizing civilian workers at several military detachments. (2002)

Court victory Jed to membership increase. G. Shustrova, a union member at the S1. Petersburg Utilities Service, worked as a filter operator. In August 2002, the enterprise was reorganized, and alJ workers were transferred to a newly founded organization. They were told they did not need to submit applications for transfer as everyone would be transferred automatically. However, when Shustrova showed up at work the day after the reorganization, management informed her that all other workers had written applications,

22 and that since she had not, she had been dismissed. Subsequently, management told her that her job had been cut and she had been dismissed due to downsizing. Management never contacted the union regarding her dismissal as required by the new Labor Code. Shustrova filed a lawsuit over management's procedural violations during the dismissal and won. The court ruled that she was to be reinstated, paid Rll,231 in lost wages and Rl,OOO in compensation for punitive damages ($408 total). This legal victory was important for the union's organizing drive. During the first three months of 2003, the union membership more than doubled. (2003)

Dockworker was reinstated after illegal dismissal tied to union activities. Lukyanov, a member of the Vladivostok Dockworkers' Union, was dismissed for poor health. Management was so eager to fire the union member that it did not observe the procedures required for such dismissals: the worker's health was not properly examined, his decreased productivity was not documented, etc. The medical record. upon which management based the dismissal, stated that he was not fit to work in conditions of extreme cold and dustiness. However, he was not exposed to such conditions on the job. Lukyanov filed a lawsuit demanding reinstatement. Following the election of new leadership in 2001, the Vladivostok Dockworkers Union faced heavy pressure from port management. This dismissal was just one more attempt by management to discredit the union. The court demanded a new medical examination prior to consideration of the case. Following the examination, the court ruled to reinstate Lukyanov and awarded him R22,324 ($744) in compensation for lost wages. This victory was an important example of the union's ability to check management's union busting activities. (2003)

RIGHT TO STRIKE Moscow PILe staff represented airport technicians in the first case that resulted in a legal strike by members of a union associated with the transportation industry. In September 1999. the case against the Free Trade Union at Vnukovo Airlines was brought before the Moscow City Court. Vnukovo Airlines management accused the union of illegally announcing a strike. Air codes prohibit strikes by staff involved in air traffic control. The Vnukovo trade union, however. is a union of ground-based technicians, which is not, according to a Federal Air Transportation Service official. covered by that article. The court ruled in favor of the defense. Due to the fact that a previous court decision had postponed the strike, it was delayed but did occur and lasted five days. until the union and the management reached an agreement on payment of delayed wages. Wages for two months were actually paid. Since the management did not implement the rest of the agreement, workers resumed the strike. To avoid fUI1her strikes, the management agreed to pay the rest of the money, and resume implementation of the agreement. The impending strike was called off. (1999)

Teachers who participated in a strike received compensation illegally withheld from them. PILC staff helped litigate a case as a result of which tbe management of Petropavlovsk Secondary School #26 was forced to pay participants in the April 1999 strike compensation for annual leave, which had not been paid to them in its entirety in 1999. Management then miscalculated the amount owed and paid strike participants

23 much less then their entitlement. In May 2000, the teachers finally received R14,546 ($520) for 19 strike participants. (2000)

The judge ruled that a strike by elevator maintenance workers was legal and all of the workers' demands were satisfied. In Tiumen, elevator maintenance workers had suffered low wages ($9 to $IIImonth) and 12 months of wage arrears. Reacting to these injustices, the union initiated a general strike. The strike ended in an agreement with the municipal administration, which accepted the following demands: increased wages, improved provision of equipment and spare parts, and a schedule for payment of back wages. Regulating the implementation of the agreement, municipal administration ordered the transfer of wages in accordance with the schedule for payment. Due to bank procedures, however, the schedule was not met. The union voted to "work to the rule" until back payments were issued. Municipal administration honored its commitment to the payment schedule, and the workers returned to work. However, management challenged the legality of the strike in court. In a rare move, the municipal court ruled the strike "legal". This ruling marked the third time in Solidarity Center litigation experience in Russia that a strike was ruled legal. (2001)

Air traffic controllers won right to hunger strike. In February 2003, a Novosibirsk district court made history by declaring an air traffic controllers' hunger strike illegal and forbidding hunger strikes in any industry in connection with labor disputes. The decision was appealed to the Novosibirsk Oblast Court, where PILC lawyers won an historic court battle overturning the lower court's decision. By Russian law, air traffic controllers are forbidden to strike, however they organized a mass hunger strike in December 2002 that covered 46 of the 89 subjects of the Russian Federation. This was their way to withhold labor when a year and a half of negotiations over wages broke down. (2003)

COLLECTIVE BARGAINING The Vladivostok Dock Workers' won a suit against the port's general director, who attempted to take over the procedure for collective bargaining. In June 1999, the Dock Workers' Union informed management of one of the port's 12 departments that the union was prepared to initiate collective bargaining negotiations. Changes in management delayed negotiations. In November 1999, rather than holding union meetings to elect representatives for the collective bargaining commission, the new director included all workers in meetings to elect representatives. The union issued multiple warnings regarding the illegality of these actions, but the warnings were ignored, and the collective agreement was adopted and registered. As the agreement adopted without the union participation was illegal, the union filed and won a lawsuit in March 2000. The victory could serve as an important warning to managers of the other II port departments, boost the union's authority among workers, and increase management's respect of the union. (2000)

The Court ruled that all workers are covered by a collective agreement regardless of union affiliation. Z. Makarova, a member of the trade union committee at the Vladivostok Electric Transportation Enterprise, was disciplined with the loss of two

24 bonuses for failure to report to work on the day when she participated in the conference of the Primorye Confederation of Labor, to which her local is affiliated. According to the collective bargaining agreement signed at the enterprise, participation in trade union events excuses trade union officers from reporting to work. However, management refused to admit that the collective bargaining agreement covered members of the local free trade union, because the agreement had been signed with the FNPR local. Makarova filed a suit against the management, but the lower court refused to meet her demands. Makarova appealed the decision. In considering the appeal, the court cancelled the first decision and confirmed that the collective agreement covered everyone at the enterprise, regardless of his or her union affiliation. The plaintiff was awarded Rl,476 ($49) as compensation forthe unpaid bonus. (2001)

HEALTH AND SAFETY A disabled worker received over $3,000 in a rare medical malpractice case. In January 2001, Ekaterinburg lawyers won a case filed on behalf ofT. Makhorina, whose bone fracture diagnosis came too late, resulting in multiple surgeries and restricted hand movement. Makhorina filed her suit in 1996, but, because of court delays, four years passed before an independent evaluation of the plaintiff's health was obtained. The court ruled in Makhorina' s favor and awarded her R96,000 ($3,420). (2001)

Ekaterinburg lawyers assisted a patient to obtain information about her health. The patient, T. Rakevich, had been trying to obtain her medical records for almost a year. Staff of the hospital where she had been treated refused to provide the documents to her, even though Russian citizens have the right to access information about their health. Rakevich filed a lawsuit against the hospital and won - the court ruled that withholding of medical information was illegal and that the plaintiff should be provided with her medical records. (2001)

Ekaterinburg lawyers successfully challenged an article of a 1984 Soviet Council of Ministers regulation regarding sick leave payments during forced idleness. According to that regulation, workers receive sick leave compensation from the Social Security Fund only for days when they are unable to work and the enterprise is functioning - if they are sick when the enterprise is idle, they receive no compensation. However, according to the Russian Constitution, no one can be denied social security benefits while they are unable to work for health reasons. PILC lawyers represented a worker who fell victim to the contradiction between social security regulations and the Constitution. The plaintiff, V. Lysov, was sick while his co-workers were on forced leave because their employer could not provide them with work. He got no compensation for the time he was sick, because since the enterprise was idle during his illness, he was not eligible for sick leave. In addition, he was not owed compensation for forced idleness (2/3 of his average pay) because he was on sick leave. As a result, Lysov received nothing. PILC lawyers filed a lawsuit with the Supreme Court demanding that the article of the regulation in question was declared illegal. The Supreme Court satisfied their demand. This decision affected every worker in the country. (2001)

25 Management was held accountable for negligence. Management of the Vladivostok Housing Maintenance Service held a driver accountable for the company's own negligence. Driver Soloschenko was denied a bonus in February 2002 because allegedly he did not repair the car he was driving in a timely manner. However, the car was out of order because his superiors did not provide the parts necessary for the repairs. Initially, Soloschenko tried to resolve the dispute through the enterprise's commission for labor dispute resolution, but the commission never convened to consider the case. Then he filed a lawsuit and won although the court declined to award him compensation for punitive damages. Management had tried to discredit the trade union activist, compounding its policy of economizing on health and safety at the cost of the worker. At the very least, this victory assigned accountability where it was due and rehabilitated Soloschenko professionally. (2002)

HOUSING Moscow PILC staff protected interests of the worker and his small children who were evicted from their apartment. The Moscow City Court considered a grievance concerning the actions of the Ostankinsky Court of Moscow. The Ostankinsky Court had dismissed a grievance by Mr. Peselnik, in which he disputed actions of a bailiff who had evicted him from an apartment based on a court decision. As a result, Peselnik, his wife and children had resorted to living in separate shelters and were unable to collect and store their possessions. Mr. Peselnik lost the original court proceeding; however, the Moscow City Court reversed the initial decision and sent the case back for reconsideration. According to Russian law, it is illegal to evict a family with minors. (1999)

PILe staff helped workers assert their rights as homeowners. The Uzlovaya City Coun considered a suit filed by two RPLBZh members (Karabanov and Mikheev) against local tax inspectors alleging that they were illegally taxed and should be refunded. In May 1996, several hundred workers signed contracts with their depot regarding the purchase of apartments and made their down payments. In January 1997, the workers began making monthly payments and applied for tax exemptions granted to first time homeowners. However, in January 1998, after an audit of the depot by tax inspection, the depot's management withheld from their pay the income tax for the previous year. (Karabanov lost RI,780 ($72.65), and Mikheev - RI,900 ($77.55), other workers lost similar amounts). The court ruled in favor of the plaintiffs and awarded them the lost amount, owed by the depot. The workers who had not previously filed suits decided to file them immediately following (he ruling. (1999)

PILC staff assisted residents to take control of their community. Pll...C legal staff litigated a case on behalf of residents protesting the construction of a garage in the backyard of tlieir apartment building (the case concerns about 3,000 residents of the apartment complex.) The plaintiffs complained that they were not consulted about this decision. Authorities. who made the decision on garage construction, claimed they asked the opinion of about 70 percent of people in the neighborhood, 54 percent of whom had no objections to the construction project. However, the apartment building tenants had

26 reason to doubt the authenticity of the documents that proved the community's agreement. The case created a good precedent for people standing up for their neighborhood and for their right to have their voice heard during changes in their community. (2000)

WAGES AND BENEFITS Ryazan garment workers received $9,346 in back wages - one year after the payment was awarded to them. In 1998, the Solidarity Center reported on a case dealing with the payment of back wages to 229 female workers of the Golubaya Oka garment factory in Ryazan (their trade union is affiliated with the Ryazan Oblast KTR). The workers won the case, but the money was not distributed until July 1999. The total amount paid to' garment workers was R229,000 ($9,346); each worker received approximately R1,OOO ($40). If they had been paid immediately after their court victory each would have gotten an equivalent of $160; due to inflation the amount they received was a mere fourth of the original sum. (1999)

Petropavlovsk-Kamchatskii PILC staff successfully litigated two cases concerning payment of delayed allowances. One suit was filed on behalf of a teacher who received no compensation for materials used in class for several months (this compensation is mandated by law to all teachers). She was awarded R932 ($33). Another suit was filed concerning non-payment of child benefits on behalf of a woman who had not received child benefits since January 1998. She was awarded R2,945 ($105.) Those two victories were important, as they provided examples of accountability for the extremely widespread policy of local authorities of delaying payment of benefits and allowances for years .

PILC statTwon payment of expenses for teachers. The Petropavlovsk-Kamchatsky legal staff won a case on behalf of nine teachers at secondary school #39. The teachers asked for state compensation of book expenses, which, under the law, are to be paid on a monthly basis and are considered a part of teachers' salaries. Failure to pay these "book benefits" to teachers is common in Russia, and in practice amounts to reductions of teachers' salaries, which are very low in the first place. The court awarded the nine teachers R16,033 ($573) for several months of book benefits. (2000)

In February 2001, St. Petersburg PILC lawyers won a suit on behalf of 37 Vodokanal (water works) workers regarding unindexed inflationary compensation for hazardous working conditions. The court awarded the plaintiffs R40,743 ($1,455) in indexation, yet refused to compensate them for punitive damages. (2001)

The Novosibirsk PILC staff represented a number of teachers and doctors in cases related to unpaid wages, failure to index unpaid wages, as well as unpaid child benefits and textbook stipends for teachers. Most of the cases were filed against the Novosibirsk Oblast Department of Finance and Taxes, as well as the Berdsk and Novosibirsk Social Security and Education Departments. Given incredibly low salaries of teachers and doctors, which averaged $30/month, wage arrears in state-funded health care

27 and education affect one of the most vulnerable sectors of society. For example, teachers were forced to spend their own money buying books they use in schools and then had to wait years to be reimbursed by the state. In a single case, 51 teachers won R65,601 ($2,343) in unpaid textbook benefits. In another case, 10 secondary school teachers were awarded Rl6,352 ($584) in back wages. (2001)

In Petropavlovsk-Kamchatka, some of the most impressive work took place either at the negotiating table or through enterprise-based commissions on individual labor dispute resolution. As a result of negotiations, all 210 employees of the KamchtskNefteProduct plant received their end-of-the-year bonus - $91,062. The success of these negotiations resulted in a membership increase from 140 to 189 workers. In addition, teachers and healthcare workers followed the advice of PILC staff and initiated an enterprise-based commission for individual labor dispute resolution. As a result of grievances filed with the commissions, workers were awarded the equivalent of $2,495. (2001)

Lawsuit resulted in union growth. In April 1999 the iocomOlive engineers' union (RPLBZh) of the Syzran depot filed a suit on behalf of 35 members, demanding payment of a bonus for safe (accident-free) operations. According to a Transportation Ministry decree, this bonus was to be paid to safe-operators (locomotive engineers and their assistants) at the end of the year, unless they had been disciplined over the course of the year. Management of the Syzran depot denied this bonus payment to employees and failed to provide a reason. The judge separated the suit into 35 individual complaints, and began consideration of the case of G. Lvitsin. Initially, the coun awarded him compensation for the unpaid bonus of R4,500. However, the coun refused to index the delayed bonus to inflation. Depot management appealed the decision, and the court of appeals overruled it. It denied Lvitsin any payment on the grounds that the decree of the Ministry was invalid at the time the case was considered. In January 2001, the Supreme Coun of Russia overruled the decision of the appeals coun and returned the case to the primary court. In November 2001, the lower court ruled in favor of Lvitsin and awarded him indexation of the bonus - a total award of Rll,OOO ($367). As a result of this victory the union gained 45 new members. (2001)

PILe lawyers assisted thirteen employees of the PriboroRemont, an equipment repair company, who were laid~off without receiving full compensation for unused annual leave. The management's representative recognized the plaintiffs' demands in pan, and said the enterprise was prepared to pay them a total of RlO,749 ($371), which was only 118 of the amount owed. Management argued that it was not responsible for the outstanding debt, as until two years previous (when outside administration was installed at the bankrupt PriboroRemont) the workers were employed at another enterprise. PriboroRemont employed them only on paper, which meant that their leave pay should have been recalculated. However, the coun decided the plaintiffs' calculations were correct, and awarded them complete payment for unused leave in the total amount of R89,408 ($3,083). (2001)

28 On 27 February 2002, with the assistance of the PILC, the Russian Trade Union of Locomotive Engineering Brigades (RPLBZh) won a landmark court case concerning bonus payments. In 1999, the Transportation Ministry decided that it would pay annual bonuses in 12-month installments - this allowed it to avoid paying a considerable amount that would have been due at the end of the year due to inflation. According to the union's calculations, workers lost up to 20 percent of their bonus payments due to this decision. The court ruled that parceling out the year-end bonus over the course of the year was not advantageous to workers and violated the entire concept of annual bonuses. Although this case was initiated and won by a union that represents only 4,000 workers on the railroad - the decision affected 2 million workers. (2002)

Novosibirsk PILC lawyers won payments for teachers. PILC staff represented 19 teachers of Berdsk Secondary School #4, members of the Teachers' Union affiliated with the Siberian Regional Trade Union Center, at the school's commission for labor dispute resolution. The teachers demanded additional pay for extra duties, e.g. class supervision, classroom maintenance, and checking homework, which were covered in the collective agreement. The commission ruled in favor of the teachers and awarded them a total of R19,019 ($614). (2002)

Thousands of dockworkers reclaimed nine days of annual leave. Since 1981, a federal ministerial decree has mandated that dockworkers receive extra vacation days for uninterrupted service. Two years on the job earned them three extra days; five years earned them nine days. In the spring of 2002, management of the Murmansk Seaport decided to discontinue all additional vacation days, stating that the new Labor Code did not require such bonuses. The union appealed to the Ministry of Labor, which supported management's position. The union then appeaJed to the court system. On May 5, 2003, a district court in Murmansk rendered a decision that affected thousands of dockworkers throughout the Russian Federation. The decision stated that the 1981 decree remained in effect,. that management must provide additional vacation days, and that the Ministry of Labor's assessment of the situation was no more than an opinion. (2003)

PILC staff won overtime payments for worker. An employee of the Ekaterinburg Center for the Elderly and Disabled filed a suit against management, demanding compensation for overtime work. Management had paid her only 50 percent of what she was owed. Prior to the hearing, management agreed to settle the dispute out of court and pay the plaintiff Rl,200 ($39). The plaintiff was a member of the free trade union Medic, and her victory was widely publicized at her workplace. (2003)

Petropavlovsk PILC lawyers defended fishermen's right to receive payment for their work. Three fishennen from the Oktyabr Kolkhoz were deceived by the company owners and fired without being paid. The fishennen, who were hired to catch crab for the company, Sail, during the crabbing season but were fired when they returned to shore, finally won the battle for their unpaid wages. Crabbing is a very profitable business in the Far East, but dishonest businessmen often leave their workers unpaid (when workers are hired, they are promised 10 percent commission on all sales). After a yearlong

29 litigation, the court ruled in their favor and the three workers were awarded the total of R287,749 ($9,592). (2003)

UNION RIGHTS In a precedent~setting case, air traffic controllers' union received $14,115 from the management to be used for members' needs. In September 1999, the Arbitration Court of Moscow considered a suit fi led by the Federation of Air Traffic Controllers' Unions (FPAO) against the Moscow Center for Automated Air Traffic Control. The union claimed the Center owed them R352,OOO according to the National Tariff Agreement, according to which employers must make a monthly dues transfer of 0.5 percent of the payroll to the union account. The Center never transferred the dues money to the union. The Center claimed it was not a party to the National Tariff Agreement, but the State Air Traffic Corporation meant to simply negotiate for the Center actually signed the agreement. Despite this argument, the court ruled in favor of the union, awardlng it R277,103 plus R75,764 in compensation for being unable to use the money for its intended purpose. Amounts awarded equaled $14,115. This decision was important, because the Moscow Center is the wealthiest contributor to the union's fund. (1999)

The Free Trade Union of the Sf. Petersburg Refrigerator Dep04 with the assistance of PILC staff, received the union dues that were illegally transferred to the management's bank account in 1998. The first lawsuit on this issue was filed in August 1998, at the same time a bankruptcy procedure was initiated at the Depot. The court ruled that money deducted from workers' pay for trade union dues should be transferred to the union, but refused to order that management return dues already transferred to its own account. As a result of the bankruptcy procedure, the union became one of the Depot's creditors. Due to help from the Oktyabrskaya Railroad in November 1998, the Depot was able to start paying its creditors, and the union received $35,000 ($1,250) in back dues, and started receiving current dues. However, management still owed the union R64,OOO. In December 1999 management requested that the state of bankruptcy be lifted. In January 2000, the union finally received the rest of the back dues (indexed to R69,Ooo or $2,464). (2000)

PILe staff won trade union rights case. Free Trade Union Refrizheratorschik (railroad refrigerator employees) filed a lawsuit against the management of the Predportovaya Depot for multiple violations of trade union rights. The management of the depot denied the union chair entry to the union's office on many occasions, did not provide documents on downsizing, remodeled the union's office space and subsequently refused 10 give it back to the union or provide an alternative office space. Those actions violated several articles of the law on trade unions. In the lawsuit, the union demanded office space, furniture, means of communication, and office equipment free of charge. The union also demanded that its chair be granted access to the depot, the union's office and its members' workplaces at any time. The court satisfied all of the union's demands. (2003)

30 MASS MEDIA PILe staff wrote press releases and maintained media contacts with local, regional, national and international press in order to promote worker rights in Russia. Each worker or union was asked to grant the Pll...C permission to contact the media on their behalf prior to the consultation or litigation. As a result of this mass media contact, a much greater audience was reached and more workers realized the potential benefits of worker rights protections through the court system. A complete list of media contacts, including radio, television and newsprint, is included in the attachments. (Attachment F)

INTERNS During the reporting period, over 350 students interned at the PILes. These students gained training "and practical experience in litigation and developed the excitement of public interest law. Trade unions, like any NGO, need to attract not only members, but also qualified specialists to their ranks. Due to the virtual absence of litigation on civil and labor issues under the Soviet system, trade unionists have turned to training their own legal specialists. Students were supervised not only by senior lawyers, but also by trade unionists with years of court experience. The Solidarity Center provided lawyers/students participating in the program with weekly mini-seminars on new/draft legislation and recent courtroom practice, seminars on train-the-trainer and communication techniques and, on a semi-annual basis, with enhanced legal skills training. The result of this work has been the bridging of the traditional gap between Russian intellectuals and workers and the training of qualified trial lawyers committed to work with trade unions and democratic institution building.

Following their internship in the Pll..C, many of the young activists continued to advocate for worker rights. For example, national unions employed two of the Moscow interns in the fall of 2001 after the conclusion of their internships. And a former intern in Ekaterinburg continued to volunteer at the center while working in a job at a commercial firm. The intern also won a one-year internship at Columbia University through the Soros Foundation. Upon his return to Russia, he worked for the PILC for three years - at the cost of the Soros Foundation.

Several of former interns in the Ekaterinburg PILC branched out into specialization in the European Court on Human Rights, founded their own organization, and obtained funding to continue this work. One former intern found work as a lawyer at a local factory - only to return to the PILC as a volunteer in the evenings. Another former intern worked for the Russian Trade Union of Locomotive Engineering Brigades (RPLZH) and, following her participation in a Train-the-Trainer seminar, conducted seminars for the union in addition to her duties as a lawyer. These young activists did not leave the movement, they continue to support civil rights throughout their careers.

31 OUTREACH PROGRAM The Solidarity Center's Outreach Program was designed to ensure that Russian trade unions are able to exchange infonnation and ideas about worker rights, the labor code, health and safety issues and many other topics with other local, national and international trade unions. The program also focused on disseminating infonnation about labor issues to the general public in Russia as well as the international community_ Finally, the Solidarity Center staff used the program to keep abreast of the thoughts and opinions of the labor movement in order to prepare future programs. Interaction among Russian trade unions as well as dialogue and contact between Russian trade union leaders and their international counterparts, the academic community and the general public are key to the success C!f the US AID strategic objectives for Russia:

SO 2.1 - increased, better informed citizens' participation in political and economic decision-making nationally and locally SO 2.2 - legal systems that better support the democratic process and market reforms

SO 2.1. INCREASED PARTICIPATION IN LOCAL AND NATIONAL DECISION MAKING PROCESSES

Following a meeting in 2000 with representatives of the Russian NGO for disabled people, Perspektiva, the Solidarity Center drafted a questionnaire for the Perspektiva to distribute in order to Jearn more about the work profiles of disabled people. In addition, the Solidarity Center wrote a brochure entitled "Labor Rights of the Disabled". Although commissioned by the Perspektiva, this brochure enjoyed wi de distribution among trade umons.

Solidarity Center staff participated in a meeting of Russian NGOs and the International Law Commission, a consultative body to the European Council. As a result, representatives of new free trade unions were invited to participate in the July 2000 International Conference on Adopting the Revised European Social Charter in Russia.

The Solidarity Center participated in a study/policy group funded by the Carnegie Corporation. which included Russian scholars from the US and England and the Economist journalist. The group produced a 40-page paper in October 2000 that outlined the social and economic situation in Russia, stressing tensions between government and civil society and the relationship between the federal center and the regions.

At a NED-funded Conference on the Drafts of the Labor Code in late 2000, the Solidarity Center staff met the leadership and activists of the Tiumen Trade Union Center, which includes both FNPR-affiliated local unions and free trade unions. The Solidarity Center provided the Tiumen Oblast Trade Union Center with brochures and invited members to the December 2000 Train-the-Trainer seminar. Following the seminar. a potential strike by elevator operators in Tiumen was abated after the union activists were able to get

32 support letters from other union activists who had attended the seminar. The strike ended successfully as the management met all union demands.

In 2001, Solidarity Center staff met with Krasnodar teachers. who informed the staff that as a result of complaints by the union, the Federal Prosecutor ' s Office and the Ministry of Education decreed that the privatization of federal funds designated to municipal authorities for elementary school funding was illegal. As a result, students continued to receive free lunches, and teachers received their wages in full.

A number of Russian trade unions participated in the All-Russian Conference on Human Rights held in 2001. The working group on labor rights worked diligently to reach an agreement on a resolution regarding the draft Labor Code proposed by the government.

SO 2.2. ICREASED PARTICIPATION IN LEGAL SYSTEMS AND MARKET REFORMS

In 2000, Solidarity Center staff met with representatives of the Westminster Foundation for Democracy to discuss possible participation of trade unions in anti-corruption programs sponsored by the Foundation. The Foundation representative was very interested in the PILCs' contribution to its work and agreed to sponsor two programs by trade union-based Pll...Cs. The programs included provision of computers to district courts with the stipulation that one computer would allow free access to all court records to NGOs and the media and provision of independent monitors to district bailiffs to compile data on the problems encountered by bailiffs when implementing court decisions. This effort allowed the Solidarity Center to provide support to a democratic legal system in Russia by bringing together the Foundation and the Russian labor movement.

In late 2000, the Solidarity Center staff met with a representative of the European Commission, who was working on an assessment of Russia's compliance with n..o Conventions 87. 98, and 138. This assessment was commissioned by the EU in reaction to Russia's application to receive special trade benefits under the EU's Generalized System of Preferences (GSP). These special benefits, which are twice the benefits usuaJly awarded by the EU GSP, require that the participant observe the basic trade union rights, including the conventions on freedom of association (87), freedom to conduct collective negotiations (98) and forbidding child Jabor (138). Representatives of the UNI, IeFIU, and ICEM also attended the meeting. The EC representative concluded that the initial reaction from Russian trade unions and the ICFTU, which supported Russia's inclusion in the EU GSP, downplayed violations of worker rights. Following this meeting, Solidarity Center staff met with TUF, ICEM, !LO, UNI, ITF and ICFTU representatives and discussed the overall situation. Members of the international community decided to work closely with Russian trade union leaders in order to make sure that everyone understood what was at stake.

In early 200 I, Solidarity Center staff met with chairs of local unions of the Russian Trade Union of Dock Workers from Kaliningrad and Vladivostok to discuss the issue of

33 freedom of association in regards to Russia's application for special benefits under the EU GSP. The union Jeaders opposed the tariff benefits for Russia due to lack of support for freedom of association from the Russian government. The Congress of the Russian Federation of Seafaring Trade Unions, in a follow up to this roundtable, adopted a Resolution on Systematic Violations of Freedom of Association, a Resolution on Trade Union Busting at the Novorossiysk Port, and a Resolution on Trade Union Busting at the Kaliningrad Port. In addition, trade union cross-industrial centers in St. Petersburg, Murmansk, Voronezh, Novosibirsk, Ekaterinburg, Tyumen, Ryazan, Vladivostok, Kamchatka, and Kaliningrad provided information and documents on systematic violations of ao Conventions #87 and #98 in the Russian Federation. The ability of Russian unions to participate in this high-level, high-stakes discussion was a sure sign of their increasing ability to influence legal and economic reforms.

In 2001, Solidarity Center staff participated in the seminar "Regulating Wages through Collective Bargaining Agreements", conducted by the Russian Trade Union of Workers in the Chemical Industry (RosKhimProf). RosKhimProf organized this seminar at the request of its affiliates. The Solidarity Center was asked to lead a discussion on possible positions and tactics during negotiations over wage increases. After examining both foreign and domestic practice, the seminar participants concluded that a realistic consumer price index (Cpr) that reflected the true cost of livi9g on a regional basis would provide them with the strongest arguments for wage increases.

In 2002, Solidarity Center staff provided the FNPR with infor;rnation about the US system for import quotas, specifically in textiles. Based on this information, the Trade Union of Textile Workers lobbied for the creation of a similar system in Russia.

Activities:

The Solidarity Center focused the program on several areas:

• Contacting local and national Russian trade union organizations to gather information about their concerns and assist the trade unions in addressing those concerns through Education and Rule of Law Programs

• Communicating with the academic community locally and internationally to foster fUT1her study of the concerns of the Russian labor movement

• Interacting with non -governmental organizations in Russia and internationally to exchange informalion and increase interest in and knowledge of labor events in Russia, as well as to help Russian trade unions build coalitions within their regions and communities

• Facilitating union-Io-union contacts between Russian trade unions and their international counterparts to advance global understanding and cooperation

34 • Producing and distributing publications designed to inform the Russian trade union rank and file of issues such as health and safety rules, worker rights, the labor code, collective bargaining procedures, social security and labor dispute mechanisms

• Raising awareness among the Russian population as well as the international community of trade union concerns in the country through mass media outlets

Independent Monitoring Survey Throughout the duration of the project, the Solidarity Center maintained regular contact with the Institute for Comparative Research on Labor Relations (lSITO), which conducted an independent monitoring survey of worker attitudes towards trade unions and the court system. The staff reviewed the IS ITO-developed questionnaire and worked with ISITO to schedule the survey. The survey was conducted in 2001, 2002 and 2003. At the conclusion of each survey, ISITO prepared the results and produced a report on the results along with a comparison with the results from previo~s years. The report was prepared for each of the trade unions at the enterprises survdyed. For example, during the 2002 survey, ISITO questioned 4,500 individual workers, met with experts and enterprise management, tabulated the current survey results, and analyzed the current results with those of the preceding two years. In 2003, ISITO interviewbd 3300 workers. That year, due to problems with access to the previously targeted enterprises, the monitoring took place among the general populace in four cities/towns - one with over one million in population, one with over 500,000 in population, and two under 100,000. In addition, focus groups of trade union members and non-members were conducted. On December 8, 2003, a roundtable discussion was convened in Moscow to discuss the results of the ISITO monitoring survey.

RESULTS AND INDICATORS: I As a result of the Outreach Program, trade unions have exchanged information on issues critical to Russian workers and disseminated information abbut labor issues to the general public both in Russia and worldwide. The results included:

Increased Amount of Information Disseminated

Between 1999 and 2004, the Solidarity Center developed, printed and distributed over 225 ,000 copies of pamphlets, brochures and issue papers to Russian trade union leaders and their members, academics, government officials and the general public. The Solidarity Center also created a website in 2002 which featured information on worker rights, health and safety, forming or joining a union in Russia and many other topics similar to those printed in the Center's publications. On the :website,, visitors could also order any of the Solidarity Center publications, read fact sh~ts and commentaries on new legislation or legislative drafts, and receive legal consultations on labor and social issues.

35 Between August 2002 and May 2004, there were well over 100,000 hits on the website. It must also be noted that the numbers recorded by the Solidarity Center do not reflect the number of publications and web articles printed and distributed by trade unionists around the country.

Information Dissemination by Reporting Period

DATE PUBLICATIONS WEBSITE HITS January -lune 2000 22,610 July - December 2000 46,906 January - June 2001 33,906 July - December 2001 25,474 January - June 2002 41,240' Jul)' December 2002 18,361 18,000 January - June 2003 28,464 26,844 July - December 2003 8,685 61,906

* The Conunentary to the new Labor Code was in great demand during this time and accounted for 11,950 of those copies.

Through the website and publications, the Solidarity Center was able to reach a far broader audience than if it relied solely on meetings and seminars for informational eXChange. The number of people reached through the website and publications is difficult to estimate, but the impact of the material will have a lasting effect on a population eager for answers to their questions about labor unions in Russia.

In addition to publications and the website, the Solidarity Cen.ter included contacts with mass media in the Outreach Program as a means of raising awareness among the Russian population about trade union concerns. Through the mass media, the program was able to reach the widest possible audience. The contacts with the media resulted in:

July - December 1999: 53 articles in six national magazines and ten regional newspapers Regional television and radio station reports January - June 2000: Interviews with The Economist, Reader's Digest July - December 2000: 75 articles in local and national periodicals 41 reports in broadcast media Interviews with Pervoye Sentiabria. The Economist. The Moscow Times January-June 2001: Interviews with Euromoney. 17le Economist. Moscow Times. National Geographic July - December 2001: 68 articles in local and national periodicals 38 reports in broadcast media January - June 2002: Interviews with Economist, Christian Science Monitor, Moscow Times, Russia Watch, Metal World, Ltmdotl Times, New York

36 Times, LA Times, Newsweek, Washington Post, Associated Press and Boston Globe July - December 2002: 80 articles in local and national periodicals 13 reports on radio and television January - June 2003: 30 articles in local, national and international press Four reports on radio and television July - December 2003: Nine articles in the local and national press Two reports on radio and television

Mass Media Contacts

From 1999 - 2004, the Solidarity Center respohded to requests fOi interviews or information from a variety of'10cal, national and international media outlets, including:

The Economist Moscow Times Los Angeles Times Associated Press Newsweek Metal World London Times Washington Post New York Times Christian Science Monitor Russia Watch Boston Globe National Geographic Reader's Digest Globe and Mail New Statesman Agence France Presse Business Week Frontline Reuters Increased Interaction Among Russian and For~ign Trade Unions , An important focus of the Solidarity Center's Outreach Prog~am was facilitating communication between Russian unions and their American tounterparts, as well as with international labor organizations. While many FNPR-affiIi ated unions belong to various International Trade Secretariats (ITSes) and enjoy many avenues for establishing contacts, exchanging and obtaining information, and arranging visits with such organizations, relatively young Russian free trade unions almost always find themselves disadvantaged in this respect. Therefore the Solidarity Center became a facilitator of contacts and liaison between Russian trade unions and their foreign counterparts. To this end, the Center provided information to Russian trade union ~ about their US counterparts I

37 and international organizations; helped establish union-to-union connections; facilitated visits to the US by Russian unionists; provided information to international trade union organizations about their Russian affiliates and Russian trade unions; and provided letters of recommendations to help Russian unions apply for private grants to fund trade union research, legal, and publications projects. Some examples of that work follow:

Providing Information In 1999, the Solidarity Center provided: • information on NEA and AFT to a teachers' union • information on the AFL-CIO to the union at Samara iSall Bearing Factory • information on wage structure, pensions, youth prog~ams in the USW A for GMPR • information on aluminum, alumna, and bauxite prices and markets for the NPG

During the year 2000 program: • The FNPR-affiliated Russian Trade Union of Oil and Gas Workers (ROGWU) requested information on the structure of the AFL-CIO and the financial relationship between the federation and affiliates and the services it provides for the affiliates. During another meeting the ROGWU leaders asked for a copy of the OECD Guidelines for Transnational Companies, adopted in June 2000. These guidelines provide an avenue by which trade unions can challenge labor practices by transnational companies.

• The Russian Independent Miners' Union (NPG) requested information on the regulations concerning methane gas extraction at mining si tes, as methane explosions are a huge problem in Russia.

• The Russian Trade Union of Mining and Metallurgy (GMPR) requested information on the national tariff agreement provisions regulating pay in mining and steel industries in other countries. The Center contacted its offices in the South Africa, Brazil, and Poland to fulfill the request.

• The VKT leaders contacted the Solidarity Center for fnfonnation on statistics of US corporate spending on salaries and employee benefits.

• Prior to a merger, the Kazakhstan Trade Union of Aviation Industry Workers contacted the Solidarity Center to learn about the structure of branch unions in the US and to obtain contact information for Russian free trade unions in the transportation sector. The union received a copy of the AFL-CIO Charter and a copy of a brochure on Central Labor Councils.

• The UralProfCenter requested materials on gender issues and trade unions as they prepared to hold a series of seminars with separate modules devoted to women's issues. The Center obtained the ICFTU Survey 'Women and Trade Unions' for this purpose and translated excerpts from it for the Ural ProfCenter.

38 • The newly established FNPR Women's Committee also received the above­ mentioned Lranslation of ICFTU-generated materials on women and trade unions.

• Workers from the Russian-based German tobacco company, Reemtsma, requested information on trade unions at other Reemtsma factories and the procedure for founding/registering a union in Russia.

• The Senior Executive Officer of the International Metal Workers' Federation (IMF) Hiroshi Karnada contacted the Center for infonnation on wage levels and working conditions in the Russian Federation. The impending opening of an fMF office in Moscow motivated the request.

• The Russian Trade Union of Chemical Industry Workers (RosKhimProf) requested information about collective agreements at ICN facilities worldwide. The ICEM had been unable to find a collective agreement concluded with this company. The AFL-CIO's International Affairs Depanment helped locate an ICN collective agreement with PACE.

• In preparation for an ILO-ITS conference on Work in Transnational Companies in the spring of 2001, The Solidarity Center provided the ICEM with information about a Montenegro-based trade union at an ICN facility.

During the 2001 program, • Solidarity Center staff presented a program on the AFL-CIO Union Summer and attracting youth to the trade union movement at the Russian Trade Union of Mining and Metallurgy (GMPR) conference "GMPR - 10 Years ; the Future is Youth".

• Representatives of the Solidarity Center and the ILO were invited by the FNPR to make presentations at a roundtable on globalization and trade unions.

• The St. Petersburg chair of an ICN-based trade union requested information about the collective bargaining agreement signed by the PACE International Union and leN.

• The Solidarity Center Field Representative participated in two FNPR-affiliates' congresses: The Russian Union of Workers in the Coallndustry (Rosugleprof) and the Trade Union of Workers in the Academy of Sciences.

• The Solidarity Center Russia was contacted by the Togliatti-based trade union "Edinstvo", which wanted to establish contacts with the United Automobile, Aerospace and Agricultural Workers of America (UAW), as General Motors and V AZ signed a cooperation agreement.

• Solidarity Center staff met with the chair of the trade union at Tengiz-CheVTon to discuss coordination of trade union activities with the AFL-CIO affiliate, PACE.

39 During the 2002 program, the Solidarity Center: • provided UN! with the contact infonnation for all local unions at Sberbank. UNI represents bank employees throughout the world, and the UNI representative in the CIS was interested in organizing a coordinating council of local unions at this nation-wide bank.

• provided infonnation to the Russian Trade Union of Seafarers about the Offshore Mariners United (OMU), a US-based regional federation that was created to meet the special needs of mariners working in the offshore energy sector in the Gulf of Mexico. The OMU is a federation of four of America's maritime unions. The seafarers were interested in creating a similar regional organization to coordinate work between unions on the Baltic Sea.

• provided infonnation on the US company Canrose Mining Limited to the Russian Trade Union of Dockworkers (RPD). The company had approached the RPD in order to gain access to Russian ports, and the union wanted to do a background check on the company.

• provided the Union of NeedJetrades, Industrial and Textile Employees (UNITE) with background infonnation on textile sweatshops in the Russian far east. UNITE sought to include Russian unions in its international campaign "Behind the Label".

• provided the International Federation of Chemical, Energy, Mine and General Workers' Unions (lCEM) with copies of the Russian Code of Corporate Conduct and the Organization for Economic Cooperation and Development (OECD) White Paper on Corporate Governance in Russia.

• provided the VKT and KTR leadership with infonnation on how to attain partnership status at the Trade Union Advisory Council (TUAC) to the OECD.

Facilitating International Contacts

From 1999 - 2004, the Solidarity Center facilitated many meetings, both in Russia and abroad, between Russian unions and their counterpaI1s throughout the world. International contacts furthered the democratic development of strong independent Russian trade unions. Russian trade union leaders were able tb exchange ideas and see for themselves the positive impact of the ideas of democratic trade unionism on their members. Following are some examples of the meetings and exchange visits. which took place during the grant period.

In 1999, the Solidarity Center staff facilitated contacts between workers from the Interregional Trade Union Association at NorilskNikel and their counterparts from the

40 Un.ited Steelworkers of America. The Solidarity Center helped put the FNPR-affiliated Russian Trade Union of Workers of Gas and Oil Industry in touch with its US counterpart. The Center assisted Kopeisk NPG to develop a grant application to work with William Usury Foundation on mediation and conflict prevention issues. Sverdlovsk Oblast regional organization, UralProfCenter, received assistance in contacts with the Manchester College Trade Union Education Unit. The Center also facilitated a visit by NPG leadership to the Netherlands to attend the Conference by the Netherlands Trade Union Confederation. The Center conducted multiple consultations with leaders of the three national union confederations regarding their panicipation in the AFL-CIO's Convention in the fall of 1999.

In early 2000, Russian trade unions exchanged information with international trade union organizations: • In preparation for a State Duma hearing on Social Guarantees for Northern Territories, the KTR received information about special social guarantees provided to residents of Alaska, as well as the means by which these guarantees are financed.

• The SOlidarity Center organized a meeting between GMPR Chair Tarasenko and US Department of Commerce representative Roy Malmrose to discuss the anti-dumping measures implemented by the US against Russian steel imports and the social effect these measures had in Russia.

• The Russian Trade Union of Locomotive Engineers received information about the European Federation of Transportation Workers. The Federation started to correspond with the Russian union; the Russians needed to know the structural relationship between the Federation and the EfUC and the ICFTU.

• The Chair of the Kaliningrad Trade Union of Dock Workers received infOimation about the US Government Report on Human Rights. which included reference to union-busting activities at his port, and ILO work on freedom of association.

• The Solidarity Center provided information to the Public Services International (PSI) about the expulsion of a local PSI affiliate from the national union, due to the local's overly active fighting with management. The PSI Deputy General Secretary was able to follow-up on the disagreement during the affiliates convention in Moscow.

• In preparation for actions over pending changes to the Russian social security system, the GMPR received information about the US social security system­ the amount contributed by employees and by employers, as well as the history of the system.

41 In 2001, • The Solidarity Center facilitated a trip by GMYR leadership to Las Vegas to attend lhe International Conference of Trade Unions in the Aluminum Industry.

• Solidarity Center staff met with the chair of the trade union at Tengiz-Chevron to discuss coordination of trade union activities with the AFJ...-CIO affiliate, PACE.

• The Solidarity Center organized a weeklong trip to Moscow and St. Petersburg for a delegation from the Retail, Wholesale, Department Store Union (RWDSU). The trip was coordinated with the IUF and UN! representatives in the CIS, as the RWDSU is affiliated to both of these global union federations (GUFs. formerly called ITSs) and the RWDSU president is a member of both GUFs' executive boards. While in Russia, the RWDSU leadership met with trade union representatives in their sector - IUF and UN1 Russian affiliates and free trade unions. As a result of the trip, the RWDSU invited the Solidarity Center Field Representative to attend the RWDSU Executive Council meeting. At that meeting, the Field Representative made a presentation on Solidarity Center activities in Russia. The council voted to award the Lenore Miller Award, in honor of a previous RWDSU chair, to the Solidarity Center-sponsored PILC in St. Petersburg, which the delegation had visited while in Russia. This was the first time the award had been given; it was introduced by the RWDSU as a means to recognize commitment to the promotion of workers' rights.

In 2002, • Due to support from the Retail, Wholesale, Department Store Union (RWDSU), the Solidarity Center arranged for a staff member of the public interest law center in Ekaterinburg to intern at a New York law finn specializing in labor cases. During the internship, the young Russian lawyer participated in negotiating collective agreements, dispute resolution, and health and safety issues.

• The Solidarity Center provided the Ukrainian Metalworkers' Union with the contact infonnation for its Russian counterpart and those of the International Metalworkers' Federation (IMF) office in Moscow.

• At the request of the Paper, Allied-Industrial, Chemical and Energy Workers' Industrial Union (PACE), an AFL-CIO affiliate, Solidarity Center Russia staff contacted the ROGWU. PACE was involved in an international campaign for good labor practices at Unocal and wanted to reach out to unions in Russia and throughout the CIS with locals at Unocal facilities.

• The Solidarity Center staff assisted in organizing and conducting the East-East Forum on International Labor Standards held from April 26 th to April 27th in Kiev, Ukraine. The ILO, the ICFTU and the Solidarity Center co-sponsored the event, which was attended by 150 trade union representatives from CentrallEasl European and CIS countries.

42 • The Solidarity Center helped the Russian Dockworkers' Union draft two appendices to a complaint to the un over violations of Freedom of Association at the Kaliningrad Sea Port.

• Representatives of the Solidarity Center, International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF), ICEM, UNI, ICFTU, and lLO participated in the organizing coInITIittee for the conference "Moscow Unions: Strategy for Growth and Development". Members of the organizing committee also led discussion groups and panel discussions at the conference. The Moscow Federation of Trade Unions based its strategy for 2002- 2004 on the results of this conference.

• Solidarity Center staff provided information to the AFL-CIO and the Union Network International (UNI) on the International Conference on Mail Order Trade, held in Moscow 5-6 September 2002. During an organizing drive, workers had been attacked at the French-owned Pinault, Printemps, Reduite's (PPR) Brylane Distribution Center in Indiana. The unions were concerned that PPR might attend the Moscow conference and contacted Russian unions in order to organize an action of solidarity with the Indiana workers.

• Solidarity Center staff facilitated contact between the American Guild of Musical Artists (AGMA) and the Russian Trade Union of Cultural Workers. Negotiations with the Seattle Opera House had run into problems, and the AGMA reached out to the Russian union in order to ensure that visiting Russian artists did not become unwitting strikebreakers. The negotiations proved successful and an agreement was signed.

In 2003, • Solidarity Center staff facilitated travel to New York by IUF Representative to the CIS K. Buketov to attend the Global Conference on Coca-Cola. The conference passed a resolution in support of the local trade union leader at the Coca-Cola facility outside of Moscow. The Solidarity Center represented the union leader in a court case on reinstatement. While in NYC, Buketov met with the president of the Retail, Wholesale and Department Store Union (RWDSU).

• Solidarity Center staff participated in a meeting to coordinate international labor activities in the CIS countries. Other participants included, the International Labor Organization (lLD), the International Confederation of Free Trade Unions (lCFTU), the Friedrich Ebert Foundations and six Global Union Federations: Union Network International (UNI), International Union of Food, Agricultural, Hotel, Restaurant. Catering, Tobacco and Allied Workers' Associations (IUF), International Federation of Chemical, Energy, Mine and General Workers' Unions (ICEM), Public Services International (PSI), International Transportation Federation (ITF) and International Metalworkers' Federation (llv1F). The participants decided to conduct ajoint forum on trade union and workers' rights in the fall of 2003.

43 • In October 2003, the first bilateral meeting between the AFL-CIO and the FNPR took place. The FNPR delegation visited the George Meany Labor College, a local SEill union at Johns Hopkins Hospital, and the SEIU headquarters. During a daylong meeting with AFL-CIO President, John Sweeney, officers and staff, the unions discussed corporate governance, international trade treaties, core Jabor standards, organizing, and political activism. The Solidarity Center was instrumental in organizing and coordinating the visit.

Interacting with the Academic Community In an additional effort to communicate information about the Russian labor movement, the SOlidarity Center staff regularly met with representatives from the academic community. Most of the academics represented US institutions and were conducting research on various aspects of trade unions and worker rights conditions in Russia.

In late 2000, the Solidarity Center Field Representative met with Columbia University graduate student Graham Robertson, who was studying labor conflicts in Russia. Irene Stevenson provided him with contact information and shared her views on the issue. In October 2000, Field Representative Stevenson attended two conferences in Washington, DC that produced strategy papers for US government and donor organizations in Russia. The first conference was sponsored by the Carnegie Corporation and included Russian and western scholars and journalists. The second conference was sponsored by the Stanley Foundation and examined the social and economic situation in Russia and proposed activities for western countries to undertake. The Stanley Foundation's Conference included US scholars, State Department officials, congressional staff, the CIA, the NSC, and other US government officials. At both events, Stevenson was the only representative of civil society and the only representative of labor.

The Solidarity Center staff met with Wisconsin University Professor Kathy Hendley to discuss its participation in her research project on the implementation of Arbitration Court decisions and why legal entities appeal to the Arbitration Court. Hendley planned to select 30-50 court decisions from Moscow and Ekaterinburg for her research project. The Solidarity Center Pll..Cs provided student interns to interview parties in the disputes on their experiences regarding implementation of court decisions and whether they were prepared to address disputes in the court in the future.

In 2000, Solidarity Center staff met with Mary McAuliffe of the ll..O to discuss Russian labor legislation, its conformity to ao standards, and the tn-partite process. McAuliffe was writing a book on Russian labor practices.

In early 2001, the Solidarity Center staff discussed civic and labor activists' attitudes towards the court system with a University of Wisconsin professor, pension reform with a Syracuse University graduate student, the trade union movement with a Berkeley University professor, and the single social tax with a Brown University professor. In addition, a US undergraduate interned at the Solidarity Center Moscow office, proposals were fielded for expanding trade union study exchange programs, and staff met with an

44 independent sociologist tasked with evaluating international cooperation on trade union education projects.

In 2001, the Solidarity Center arranged for two young Russian graduate students associated with the labor movement to intern at a university in the United States, provided an internship in the Moscow office to an American law student, and provided information on Russian pension refonns to a University of Wisconsin professor.

In 2002, Solidarity Center staff met with Rudra Sil, a professqr at the University of Pennsylvania. Professor Sil was researching a project on the impact of international actors - n.o, International Confederation of Free Trade Unions (ICFTU), and global union federations (GUFs) - on labor relations in Russia, India and Japan during economic reforms. Solidarity Center staff also continued to work with Professor Kathy Hendley, on the study of ongoing legal reforms in Russia.

The Solidarity Center was contacted by Michael McFaul, a professor at Stanford University, to review an anicle on Russian trade unions to be submitted for inclusion into a comprehensive book on civil society in Russia.

In 2003, the Solidarity Center staff continued to meet with Professor Hendley, Professor McFaul and Sarah Mendelson of the Center for Strategic and International Studies to discuss issues facing civil society in Russia.

Increased Contact with Independent Trade Unions and FNPR ~ Affiliated Trade Unions That Attempt to Truly Represent their Members

As a means of encouraging the development of newly democratic Russian trade unions, maintaining contact with trade union leaders as well as formulating future programs, the Solidarity Center staff regularly met both with leaders from trade unions with which it had an on-going relationship and leaders from previously unknown trade unions. The contacts were through office or worksite visits and phone cans. The following is a sample of the routine contact the Solidarity Center maintained with Russian trade unions:

In 1999, the Solidarity Center staff met with leaders from various trade unions, including: Kuzbass NPG to attend their Fifth Convention Two regional trade union centers in Novosibirsk Oblast: Trud and Berdsk to discuss union strategies and sOlidarity FNPR-affiliated RosUgleProf (Russian trade Union of Coal Industry Workers) to discuss trade union education and recruitment Interregional Trade Union Association at NorilskNikel to assess training needs, health and safety issues, and union development Voronezh regional trade union center Adchangelsk trade unionists Ural ProfCenter leadership to discuss their work with FNPR-affiliated unions in the region The Foundation for Protection to discuss trade union and NGO registration issues NPG Council of Representatives meeting Participants of the Convention of the Federation of Air Traffic Controllers' Unions Steering Committee members of the East Siberian Trade Union Training Center to discuss trade union education program and motivation of members Russian Trade Union of Locomotive Engineering Brigades (RPLBZh), the Russian Trade Union of Dock Workers (representatives from NovoRossiysk and Arkhangelsk, as well as the national Chair), the newly elected Chair of the Russian Confederation of Labor (KTR), the Russian Trade Union of Oil, Gas and Construction Workers (ROGWU, affiliated with FNPR), and the Russian Trade Union of Workers in Mining and Metallurgy (Grvfl>R) Trade Union of Workers at Small Businesses Anzhero·Sudzhensk (Kuzbass) Trade Union Committee FNPR leadership in SverdJovsk Oblast Urals Interregional Trade Union Confederation. Unity

In early 2000, the Solidarity Center established contacts with at least 15 independent trade unions and FNPR·affiliated unions that attempt to truly represent their members. In fact, the Solidarity Center established contact with 21 trade unions, four NGOs and three government bodies that were previously absent from Solidarity Center contact list.

In 2001, the Solidarity Center carne in contact with a new union, the Union of Transportation Organizations' Employees, through the Voronezh Confederation of Free Labor. The union was based in the Voronezh river port. The Solidarity Center sponsored a seminar for this union by an experienced trade unionist from the transportation sector.

Solidarity Center staff met with an initiative group of a new trade union at Sberbank in late 2001. During Sberbank's reorganization, workers' rights were trampled. During the meeting, it became apparent that although the local leadership of the FNPR·affiliate at Sberbank was not committed to protecting its members' rights, the municipal committee to which this local union belonged was committed. In fact, the municipal committee recommended that the disenfranchised workers form a new union and affiliate to the municipal committee directly - by·passing the branch union represented at Sberbank. As such, the municipal committee suggested that the initiative group visit the Solidarity Center for information on how to organize a new union.

In 2002, SOlidarity Center Russia staff met with activists from a Moscow·based union at Sberbank. Staff provided the activists with information about Russian union structures to which the new union could affiliate. and with the contact infonnation for the Union Network International (UNI) and other local unions at Sberbank branches throughout Russia.

In 2003, the Solidarity Center established contact with 29 trade union organizations. Sixteen of these contacts were established due to the restructuring of the PILC in Ekaterinburg. The trade unions included:

46 • The Trade Union at the Moscow Experimental Factory of Wooden Tiles and Details for interiors • The Trade Union Association of Legal and Intellectual Elites. Moscow • The Trade Union of Children of Disabled People, Elderly and Their Representatives • Trade Union of Workers at the international Airport in Ufa • Trade Union at Khladokombinat. owned by Nestle • Moscow Oblasl Trade Union Committee of Workers in the Aviation Industry • Trade union at Sverdlovskavtodoroga, Ekaterinburg • Trade Union of Health Care Workers at the Urals' Academy of Medicine • Trade Union of Employees of the Teachers' Training University, Ekaterinburg • Penn District Trade Union of Teachers • Trade Union of Workers at the Kauchuk Factory, Ekaterinburg • Penn Oblast Council of Trade Unions • Trade Union Training Center in Kurgan • Department For Youth in the Ekaterinburg Council of Trade Unions • Trade Union at the Urals' Factory for Rubber Industrial Pans, Ekaterinburg • Trade Union of Repair Workers on the Sverdlovsk Railroad, Ekaterinburg • Trade Union of Workers at Urals' Military Facilities • Trade Union of Teachers in lzhevsk • Trade Union of Workers of Cheliabinsk Municipal Transportation • Trade Union of Utility Workers at the Suburban District Agriculture Enterprise. S verdlovsk oblast • Trade Union at GomoZavodTsement. Sverdlovsk oblast • Izhevsk Trade Union of Communication Workers • Trade Union of Health Care Workers at a private clinic, Moscow • Trade Union of Mass Media Technicians, Moscow • Trade Union of Rock Musicians, Moscow • Trade Union of the Urals Airlines Right Attendants, Ekaterinburg • Education Employees' Union of the Udmurtia Republic.lzhevsk • Defense Industry Employees' Union of the Udmurtia Republic, Izhevsk • Trade Union at the Kalinin Factory, Ekaterinburg

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