Locomotive Trading AG Hänibül V Czech-Moravian Confederation of Trade Unions

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 08/10/2003
Date Closed 01/02/2004
Case Duration 16 weeks and 4 days
Host Country Czech Republic  (OECD member)
Sector Automotive 
Issue(s) Right to trade union representation
Provisions Cited IV.1-a  IV.2-b  IV.3   
Case Description In October 2003, an affiliate of the Czech-Moravian Confederation of Trade Unions (CMKOS) - The Railway Trade Unions Association - submitted a case to the Czech NCP concerning a subsidiary of the Swiss company Locomotive Trading AG Hänibül, which manufactured and repaired railway equipment. The union alleged that the company had transferred assets abroad, with the result that it risked going into liquidation. The trade union's aim was retain production and employment at the plant.

The trade union alleged that the company had violated trade unions rights and broken Czech law by the following: failing to pay wages; delaying the payment of wages; threatening and attacking trade union representatives in the supervisory body of the plant; refusing to provide the trade union with any information concerning the enterprise; and refusing to conclude a collective agreement.

Developments At the first NCP meeting in November 2003, it was announced that the enterprise had been declared bankrupt.
Outcome The case was closed in February 2004 because the company went into adminstration. The relationship between the trade union and the Receiver was reported to be satisfactory. The trade union CMKOS considered it possible that they would find a new owner which would save the enterprise. All developments were to be monitored, with the trade union being given the option of returning the issue to the NCP.

Organisations

Lead NCP Czech Republic NCP : Single Government Department 

Companies

Multinational Company Locomotive Trading AG Hänibül (Home country: Switzerland)
Subsidiary ZOS Nymburk

Complainants

Lead Complainant CMKOS Českomoravská konfederace odborových svazů : National Centre 

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

Implications

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