PepsiCo V International Union of Food Workers (IUF) (India)

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 18/11/2013
Date Closed 19/05/2014
Case Duration 26 weeks and 0 days
Host Country India  (OECD Enhanced Engagement)
Sector Food, Agriculture and Tobacco 
Issue(s) Trade union rights; precarious work
Provisions Cited IV.1  IV.3  IV.4  IV.4  IV.5  V.1-a  V.1-b  V.2-b  V.2-c  V.3  V.6   
Case Description In November 2013, the Global Union Federation, the IUF, submitted a case against PepsiCo to the US NCP concerning contract workers at three warehouses in West Bengal who were dismissed or compelled to resign as a consequence of exercising their right to join a union. IUF stated that PepsiCo, through its subsidiary in India, contracted these workers through Radhakrishna Food Land Pvt. Ltd. (RKFL).
Developments The US NCP accepted the case and invited the parties to attend medation at the US NCP's offices.PepsiCo refused the US NCP's invitation to come to mediation.
Outcome On the 19th May 2014, the US NCP issued a statement that describes the complaint and the fact that PepsiCo refused mediation. The statement does not include any recommendations as required under the rules of the OECD Guidelines.

Organisations

Lead NCP US NCP : Single Department with Interagency Working Group 

Companies

Multinational Company PepsiCo Inc (Home country: US)

Complainants

Lead Complainant International Union of Food Workers (IUF) : Global Union Federation 

Related Documents

US State Department  [Publication date: 19/4/2014] 'International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and PepsiCo, Inc. (India)'
   http://www.state.gov/e/eb/oecd/usncp/links/rls/226283.htm [Date URL accessed: 16/9/2014]

US NCP  [Publication date: 15/4/2016] 'USNCP Final Statement on the Specific Instance Between the International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and PepsiCo, Inc. in India'
   https://www.state.gov/documents/organization/256049.pdf [Date URL accessed: 25/7/2017]

US NCP  [Publication date: 19/5/2017] 'International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and PepsiCo, Inc. (India)'
   https://www.state.gov/documents/organization/226493.pdf [Date URL accessed: 25/7/2017]

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