Chedraui Commercial Group V United Food, Commercial Workers (UFCW) and Frente Auténtico del Trabajo (FAT), PODER and

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 12/11/2015
Date Closed 14/07/2016
Case Duration 35 weeks and 0 days
Host Country US  (OECD member)
Issue(s) Anti-union campaign; interference with the right to organise; refusal to engage in collective bargaining; retaliation against unionised workers
Provisions Cited IV.1  IV.2  IV.5  V.1-a  V.1-b   
Case Description I
Developments The USNCP Accepted the Specific Instance.
Outcome The USNCP found the issues raised to be bona fide and deserving of further engagement between the parties, but deferred its offer of mediation due to ongoing mediation between the parties with the Federal Mediation and Conciliation Service (FMCS). These are the same mediators as would be used by the USNCP.

The USNCP is ready to consider an offer of mediation to the parties if the current mediation fails.

In addition to the offer of deferred mediation, in the Final Statement the U.S. NCP also made several recommendations to the parties based on the OECD Guidelines.

Organisations

Lead NCP US NCP : Single Department with Interagency Working Group 

Complainants

Lead Complainant FAT - Frente Auténtico del Trabajo : National Union 
Lead Complainant UFCW United Food and Commercial Workers Union of British Columbia Local 1518 Good advice on strike action : Local Union 

Related Documents

US NCP  [Publication date: 14/7/2016] 'UFCW, Local 770, Los Angeles Alliance for a New Economy (LAANE), Frente Auténtico del Trabajo (FAT) and Project on Organizing, Development, Education and Research (PODER) and Grupo Comercial Chedraui, and Bodega Latina (dba El Super)'
   https://www.state.gov/documents/organization/259828.pdf [Date URL accessed: 19/6/2017]

US NCP  [Publication date: 14/7/2016] 'Specific Instance between UFCW Local 770, L.A. Alliance for a New Economy, Frente Autentico del Trabajo and Project on Organizing, Development, Education and Research and Grupo Comercial Chedraui, and Bodega Latina (El Super) for conduct in the U.S.'
   https://www.state.gov/documents/organization/259828.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