EMBRAER S.A. V CUT BRAZIL

Overview

NCP Decision No Decision
Current Status Withdrawn
Date Submitted 26/02/2009
Case Duration 511 weeks and 1 days so far
Host Country Brazil  (Adhering Country)
Sector Aerospace 
Issue(s) Failure to consult with trade unions on lay-offs
Provisions Cited IV.6   
Case Description CUT Brazil, on behalf of the National Confederation of Metalworkers (CNM / CUT) and the Union of Employees in Aerospace Industries raised a case with the Brazilian NCP against the Brazilian company EMBRAER for laying off four thousand two hundred and seventy workers without consulting the trade union. CUT Brazil has called on the NCP to use its good offices to request that start the process of negotiation.
Outcome The trade unions resolved the issues before the NCP responded.

Organisations

Lead NCP Brazil NCP : Interministerial Body 

Companies

Multinational Company EMBRAER (Home country: Brazil)

Complainants

Lead Complainant CUT Brazil - Central Única dos Trabalhadores : National Centre 
Affected Party National Confederation of Metalworkers (CNM CUT) : National Sectoral Union 
Affected Party Union of Employees in Aerospace Industries : 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

Implications

This is a Brazilian multinational operating in the Brazilian market.