Diam International SAS V Birleşik Metal İşçileri Sendikası (United Metalworkers' Union)

Overview

NCP Decision Decision Pending
Date Submitted 03/08/2017
Case Duration 11 weeks and 3 days so far
Host Country Turkey  (OECD member)
Issue(s) Dismissal of trade union members; refusal to recognise the union for collective bargaining
Provisions Cited  
Case Description In August 2017, Birleşik Metal İşçileri Sendikası (United Metalworkers' Union) filed a complaint at the French NCP against Diam International SAS for anti-union behaviour at its fully-owned subsidiary Diam Vitrin Tasarım Hizmetleri Ambalaj San. Tic. Ltd. Şti's plant in Turkey. Birleşik Metal İş union started to have trade union members in Diam Vitrin Tasarım Ambalaj San Tic Ltd Şti on 11th of May 2017. Once the company learnt about the union memberships, it started to dismiss members. On 12th of May 2017, five workers were dismissed because of union membership.

Organisations

Lead NCP France NCP : Tripartite (involving several government departments and the social partners) 
Supporting NCP Turkey NCP : Single Government Department 

Complainants

Lead Complainant Birlesik Metal IS : National Sectoral 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