Chapter V.3: Promote consultation and cooperation with workers

Promote consultation and co-operation between employers and workers and their representatives on matters of mutual concern.


All Cases  Closed Cases   Overdue Cases (more than 12 months)
Title sort up sort down Issue Host Country(s) Lead NCP Date submitted NCP Decision Current status sort up sort down Duration sort up sort down Positive outcome
VimpelCom V UNI Global Union

Retaliation against trade unionists; dismissals of trade unionists; interference in the right to organise

Bangladesh

Netherlands NCP


07/07/2016

Accepted

Suspended

Duration so far 141 weeks and 4 days
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Suzuki Motor Corporation V Anonymous Trade Unions and NGOs in Thailand

Violations of trade union rights

Thailand

Japan NCP


10/05/2016

Accepted

Closed

Closed on 23/06/2017
58 weeks and 3 days
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ETEX v Building and Wood Workers’ International (BWI) and Federación de Obreros Ceramistas de la República Argentina (FOCRA)

Failure to cooperate with trade unions on the employment effects of re-structuring; failure to provide timely and accurate information on the economic performance; failure to conduct due diligence to identify and address adverse employment effects.

Argentina

Belgium NCP


26/02/2016

Accepted

Ongoing

Duration so far 160 weeks and 3 days

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ASAHI GLASS CO., LTD. V Korean Confederation of Trade Unions (KCTU) and Korean Metal Workers' Union (KMWU)

Retaliation for forming a trade union; contract workers

South Korea

South Korea NCP


05/08/2015

Accepted

Ongoing

Duration so far 189 weeks and 5 days

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Starwood Hotels & Resorts Worldwide V International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF)

Trade union rights; retaliatory terminations for workers exercising their rights

Ethiopia
Maldives

US NCP


09/02/2015

Accepted

Closed

Closed on 12/05/2016
65 weeks and 3 days
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Ripley Corp S.A. V UNI Global Union and UNI Americas

Anti-union activities; intimidation; corrupt practices

Chile

Chile NCP


03/06/2014

Accepted

Withdrawn

Closed on 01/08/2015
60 weeks and 4 days
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Nissan V United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) and IndustriALL

Interference with the right to organise, anti-union campaigns

US

US NCP


28/04/2014

Accepted

Closed

Closed on 30/01/2015
39 weeks and 4 days
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Mondelēz International V International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association (IUF) (Pakistan)

Right to collective bargaining; abusive use of contract labour

Pakistan

US NCP


18/12/2013

Accepted

Closed

Closed on 06/06/2014
24 weeks and 2 days
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PROSEGUR AB v UNI Global Union

Interference with the right to organise; evasion of collective bargaining obligations; harassment of trade union organisers and activists.

Brazil
Colombia
Paraguay
Peru

Spain NCP


26/11/2013

Accepted

Ongoing

Duration so far 277 weeks and 6 days

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PepsiCo V International Union of Food Workers (IUF) (India)

Trade union rights; precarious work

India

US NCP


18/11/2013

Accepted

Closed

Closed on 19/05/2014
26 weeks and 0 days
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Eiffage Energie V Fédération Nationale des Salariés de la Construction et du Bois de la CGT, la Fédération Nationale Construction Bois de la CFDTand CFE CGC BTP

Restructuring and suspension of worker representation structures (Institutions représentatives du personnel (IRP); workers right to consultation; workers right to information

France

France NCP


01/10/2013

Accepted

Closed

Closed on 11/06/2014
36 weeks and 1 days
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Mondelēz International V International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Association (IUF) (Egypt and Tunisia)

Retaliation for trade union activity

Egypt
Tunisia

US NCP


14/03/2013

Accepted

Closed

Closed on 29/10/2013
32 weeks and 5 days
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Deutsche Post DHL V UNI Global Union and the International Transport Workers Federation (ITF)

Anti-union campaigns; reprisals against trade unions; infringements of the right to join a trade union and to engage in collective bargaining; abusive use of contract labour.

Colombia
Guatemala
Indonesia
Malawi
Norway
Panama
South Africa
Turkey
Vietnam

Germany NCP


21/11/2012

Accepted

Closed

Closed on 20/01/2014
60 weeks and 5 days
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Holcim Group V Pragatisheel Cement Shramik Sangh (PCSS) and International Federation of Chemical, Energy, Mine and General Workers' Unions (now IndustriALL)

Precarious work; reprisal against workers for fighting for their rights; harrassment of trade unionists; right to join a trade union; right to collective bargaining.

India

Switzerland NCP


07/01/2012

Accepted

Closed

Closed on 18/12/2014
153 weeks and 5 days
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Itaú Unibanco V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região

Restructuring leading to dismissal without consultation or adequate steps to mitigate the adverse impacts

Brazil

Brazil NCP


05/12/2011

Accepted

Closed

Closed on 23/04/2013
72 weeks and 1 days
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Deutsche Lufthansa AG V AFL-CIO, IUF and UNITE HERE

Public and environmental health, workplace safety, employment standards

US

US NCP


26/09/2011

No Decision

Withdrawn

Closed on 01/03/2012
22 weeks and 3 days
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América Móvil S.A.B. de C.V. V UNI Global Union, UNT, STRM, SITCOM and FESC

Unfair dismissal of trade unionists; trade union and human rights

El Salvador
Guatemala
Nicaragua

Mexico NCP


21/09/2011

Rejected

Closed

Closed on 01/06/2012
36 weeks and 2 days
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Brinks V Ministry of Economy, Belgium

Company restructuring and labour violations

Belgium

Belgium NCP


30/11/2010

Accepted

Closed

Closed on 20/01/2011
7 weeks and 2 days
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Xstrata Plc V Construction, Forestry, Mining & Energy Union (CFMEU)

Undermining collective bargaining; failure to consult on major workplace restructuring; failure to redeploy workers made redundant

Australia
Switzerland

Australia NCP


11/10/2010

Accepted

Closed

Closed on 08/06/2011
34 weeks and 2 days
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Cargill V International Union of Food Workers (IUF)

Refusal to negotiate with the trade union

Papua New Guinea

US NCP


29/04/2010

Rejected

Closed

Closed on 05/05/2011
53 weeks and 0 days
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Triumph International V Triumph International Thailand Labour Union, Bagong Pagkakaisa ng mga Manggagawa sa Triumph Int’l. Phils. Inc, Defend Job Philippines Organization Inc. and the Thai Labour Campaign

Dismissal of workers without notice or consultation; violation of the collective bargaining agreement

Philippines
Thailand

Switzerland NCP


02/12/2009

Accepted

Closed

Closed on 14/01/2011
58 weeks and 2 days
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Hochtief V New Zealand Amalgamated Engineering, Printing and Manufacturing Union

The use of 'dependent contractors' to undermine freedom of association and ability to bargain collectively in violation of ILO Conventions 87 and 98 and to avoid financial responsibilities

New Zealand

New Zealand NCP


03/09/2009

Rejected

Closed

Closed on 16/02/2010
23 weeks and 5 days
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Glencore International A.G. V CUT Peru

Termination of operations carried out by contracted mining companies without informing or consulting the workers

Peru

Peru NCP


23/03/2009

Accepted

Closed

Duration not known
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Global Hyatt V International Union of Food Workers

Replacement of permanent workers with agency and casual workers and refusal to engage in collective bargaining; right to trade union representation; lack of consultation and failure to give notice

Philippines

US NCP


23/03/2009

Rejected

Closed

Closed on 22/04/2011
108 weeks and 4 days
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Nestlé SA V International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers’ Associations (Indonesia)

Refusal to negotiate wages in violation of ILO Conventions 87 and 98; attacks on bona fide trade union workers; yellow union

Indonesia

Switzerland NCP


10/11/2008

Accepted

Closed

Closed on 20/06/2010
83 weeks and 6 days
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ABN Amro Bank V Confederación de Trabajadores del Sector Financier

Failure to engage in collective bargaining; failure; refusal to disclose information

Brazil

Brazil NCP


19/04/2007

Accepted

Closed

Closed on 14/09/2012
282 weeks and 1 days
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C&A V CUT BRAZIL and CONTRACTS

Failure to negotiate on profit sharing for workers

Brazil

Brazil NCP


01/01/2007

Accepted

Withdrawn

Closed on 17/05/2013
332 weeks and 4 days
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Voestalpine AG V Brotherhood of Maintenance of Way Employees Division

Anti-union activities

US

US NCP


03/11/2006

No Decision

No Information

Duration so far 646 weeks and 3 days
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PSA Peugot Citroën V Amicus and the Transport and General Workers Union (T&G)

Plant closure

UK

UK NCP


28/07/2006

Accepted

Closed

Closed on 01/02/2008
79 weeks and 0 days
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Gamma Holding V USW

Right to trade union representation

US

US NCP


01/02/2006

No Decision

Withdrawn

Closed on 01/04/2007
60 weeks and 4 days
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GP Garments V ITGLWF

Freedom of association; dismissals of striking workers; refusal to disclose ownership or structure; threat to close factory

Bangladesh

Belgium NCP


09/06/2005

Accepted

Closed

Closed on 01/10/2007
120 weeks and 4 days
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Ryanair V FNV and FNV Bondgenoten

Right to trade union representation

Ireland
Netherlands

Netherlands NCP


01/11/2004

Rejected

Closed

Closed on 31/12/2005
60 weeks and 5 days
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Imerys V PACE

Coercing and intimidating employees exercising their rights to organise

US

US NCP


22/09/2004

Accepted

Closed

Closed on 01/02/2006
71 weeks and 0 days
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Bridgestone V Local Union of Chemical, Energy and Mines

Dismissal of trade union officials for union activities

Indonesia

Japan NCP


06/09/2004

Suspended

No Information

Duration so far 759 weeks and 0 days
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Michelin V Sindicato Nacional de Trabajadores de Uniroyal SA de CV (SNTU)

Failure to inform or consult workers or trade unions on factory closures.

Mexico

Mexico NCP


01/02/2004

Suspended

Suspended

Duration so far 790 weeks and 1 days
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Bayer V DGB

Right to trade union representations Establishing a 'yellow' union

Philippines

Germany NCP


27/06/2003

Accepted

Closed

Closed on 29/06/2007
209 weeks and 0 days
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