Eaton Corporation Group v Federazione Impiegati Operai Metallurgici (FIOM-CGIL)

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 24/02/2011
Date Closed 31/12/2012
Case Duration 96 weeks and 4 days
Host Country Italy  (OECD member)
Sector Automotive 
Issue(s) Factory closure
Provisions Cited IV.6   
Case Description In March 2011, the (Federazione Impiegati Operai Metallurgici i (FIOM-CGIL) submitted a case to the Italian NCP concerning the closure of a factory, a subsidiary of the US multinational company, Eaton Corporation Group, and the collective dismissal of workers.
Developments The Italian NCP accepted the complaint. The parties then came to a settlement on the economic compensation to be paid to the workers as a result of a parallel legal proceedings. The terms of the agreement included the withdrawal of the complaint.
Outcome The Italian NCP issued a Final Report recommending that the parties work together in good faith and that in the future Eaton srl "strive for the highest involvement of workers whenever a major organisational change is under consideration."

Organisations

Lead NCP Italy NCP : Single Government Department with NCP Committee 

Companies

Multinational Company Eaton Corporation Group (Home country: US)
Subsidiary Eaton S.r.l. (Home country: Italy)

Complainants

Lead Complainant FIOM-CGIL Federazione Impiegati Operai Metallurgici : National Union 

TUAC Analysis

Did the NCP publish its initial assessment? status-icon
Did the case involve parallel proceedings? status-icon
Was the existence of parallel proceedings an obstacle to the NCP accepting the case? status-icon
Was the businsess relationship other than that of a subsidiary? status-icon
Was the nature of the business relationship an obstacle to the NCP accepting the case? status-icon
Did the NCP inform other relevant government departments about its acceptance of this case? status-icon
Did the NCP offer mediation or conciliation? status-icon
Did the company accept the offer of mediation or conciliation? status-icon
Did the complainant(s) accept the offer of mediation or conciliation? status-icon
Was mediation or conciliation held? status-icon
Was mediation or conciliation conducted by a professional mediator? status-icon
Did the parties reach agreement? status-icon
If yes, did the NCP publish this agreement following the consent of the parties? status-icon
If mediation was refused or failed did the NCP make an assessment of whether the company had breached the Guidelines? status-icon
Did the NCP conduct in-host country fact finding? status-icon
Did the NCP make recommendations to the company on the future implementation of the Guidelines? status-icon
Did the NCP publish its final statement or report? status-icon
Did the NCP provide for follow-up of the agreement/recommendations? status-icon
Did the NCP inform other relevant government departments about its final statement or report? status-icon
Did the NCP inform public pension funds about its final statement or report? status-icon
Did the NCP apply any consequences in this case? status-icon
Did the NCP follow the indicative timescales set out in the procedural guidance? status-icon
Was there a positive outcome for the workers involved in this case? status-icon
Did the filing of the case under the Guidelines have a positive impact for the workers involved? status-icon
Did the lead NCP play a positive role? status-icon
If different, did the home NCP play a positive role? status-icon