Bosch V Czech-Moravian Confederation of Trade Union (CMKOS)

Overview

NCP Decision Accepted
Current Status Closed
Date Submitted 05/06/2001
Date Closed 25/04/2002
Case Duration 46 weeks and 2 days
Host Country Czech Republic  (OECD member)
Sector Electrical and Electronics 
Issue(s) Right to trade union representation
Provisions Cited IV.1-a   
Related Cases Siemens V Czech-Moravian Confederation of Trade Unions (CMKOS)
Case Description In June 2001, the Czech-Moravian Confederation of Trade Unions (CMKOS) submitted a case concerning a subsidiary of the German company Bosch for prevented workers from establishing a trade union. CMKOS reported that the local management used physical force to prevent the workers from exercising their right to organise. CMKOS also submitted a case regarding Siemens to the Czech NCP at the same time.
Developments The case was discussed at four extraordinary meetings of the NCP. The Czech NCP also informed the German NCP, as well as the German Embassy. The NCP offered a forum for negotiations which supported a slow process of building consensus. Although the management eventually agreed to the establishment of a trade union representation, it took a change in management of the parent company before constructive negotiations were started.
Outcome At the fourth meeting convened by the NCP, the NCP declared that the case was closed. The new management had declared that there were no obstacles to developing the newly established trade union and for reaching a collective agreement. The parties agreed on a settlement without the need for a final statement.The trade unions reported that the behaviour of the local management changed in terms of complying with the strategies of the parent company in line with their policy documents.

Organisations

Lead NCP Czech Republic NCP : Single Government Department 
Supporting NCP Germany NCP : Single Department with Interagency Working Group 

Companies

Multinational Company Bosch (Home country: Germany)

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

TUAC Assessment

The objectives of CMKOS were reached. The case demonstrated the effectiveness of the NCP.

Implications

This is an early case that demonstrated the effectiveness of the NCP