Ripley Corp S.A. V UNI Global Union and UNI Americas

Overview

NCP Decision Accepted
Current Status Withdrawn
Date Submitted 03/06/2014
Date Closed 01/08/2015
Case Duration 60 weeks and 4 days
Host Country Chile  (OECD member)
Sector Retail 
Issue(s) Anti-union activities; intimidation; corrupt practices
Provisions Cited I.2  IV.1  IV.2  IV.5  IV.6  V.1-a  V.1-b  V.2-a  V.2-b  V.2-c  V.3  V.4-b   
Case Description In June 2014, UNI Global Union and UNI Americas submitted a complaint to the Chilean NCP against the Chilean retailer Ripley Corp S.A. for anti-union practices in Peru. The issues raised date back to 2008, but most recently concerned an anti-union campaign launched in 2013 against the trade union Sindicato Único de Trabajadores del Grupo Ripley S.A. Perú (SUTRAGRISA), during the collective bargaining process and the filing of a legal complaint against 14 union leaders following a 2-day stike. Ripley offered money to workers to abandon the union and has engaged in intimidating practices against union members. In May 2014, Ripley Corp dismissed 23 workers in its Cajamarca store in retaliation for demonstrating against poor working conditions.
Developments The Chilean NCP offered its good offices to the parties, but Ripley refused to participate due to parallel legal proceedings and collective bargaining negotiations with the corresponding union in Peru. The Chilean NCP requested additional information from the Peruvian NCP.
Outcome By August 2015, SUTRAGRISA had concluded a collective bargaining agreement with Ripley and therefore withdrew the complaint.

Organisations

Lead NCP Chile NCP : Single Government Department 
Supporting NCP Peru NCP : Single Government Department 
Supporting NCP Colombia NCP : Single Department with Multi-stakeholder Advisory Board 

Companies

Multinational Company RIPLEY CORP SA (Home country: Chile)

Complainants

Lead Complainant UNI Global Union : Global Union Federation 
Affected Party Sindicato Único de Trabajadores del Grupo Ripley S.A. Perú : Company Union 

Related Documents

'Complaint: UNI Global Union and UNI Americas V Ripley SA'
   http://www.uniglobalunion.org/sites/default/files/files/news/queja_ripley_peru.
   pdf
[Date URL accessed: 16/9/2014]

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