US NCP

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Overview

OECD member Number of trade union cases 33 NCP Type Single Department with Interagency Working Group
Description The US NCP is based in the Office of the Assistant Secretary for Economic, Energy and Business Affairs and is supported by an Interagency Working Group that comprises relevant ministries including the Department of Labour. In 2012 it established a Stakeholder Advisory Board made up of trade union, business, NGO and academic representatives.

ResourcesSince August 2011, the US NCP has had a full-time NCP.

Procedures In June 2011, the US NCP published its procedures for submitting specific instances. The procedures are comprehensive, clear and easily accessible through its web. Those considering submitting cases should in particular note the following:

- confidentility "failure to honor confidentiality expectations will be considered bad faith and may lead to the immediate termination of the U.S. NCP’s involvement in a specific instance".

- parallel proceedings: in line with the OECD Guidelines, the procedures state that "neither the existence nor the availability of a “parallel proceeding” to resolve the issues raised presents a bar to the U.S. NCP’s involvement where the U.S. NCP determines that offering its good offices would contribute to a positive resolution and to the purposes and effectiveness of the Guidelines". However the US NCP will also consider: the extent of overlap between the issues raised with the US NCP and those in the other proceedings; the stage of the other proceedings and the likelihood of a timely resolution; the legal authority of the other forum to make a final and binding determination on the issues; and whether resolution of the issues raised relies upon an interpretation or application of domestic law or regulation by a competent judicial or administrative authority.

Links to Procedures U.S. NCP PROCEDURES FOR SPECIFIC INSTANCES UNDER THE OECD MNE GUIDELINES

US NCP - State Department Organogram

Recent Developments In 2011 the US NCP was moved from the Office of Investment Affairs to the Office of the Assistant Secretary for Economic, Energy and Business Affairs in order to avoid potential conflicts of interest arising from the role of the Office of Investment Affairs in formulating investment policy. It has also estasblished an external stakeholder Advisory Committee which is co-chaired by one representative of the trade unions and another of business.

NCP Structure

NCP Interagency Working Group Members Bureau of Democracy, Human Rights and Labor
Legal Advisor’s Office, State Department
Department of Commerce
Department of Labor
Department of Justice

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Contact Information

Full name US NCP Contact Name Melike Ann Yetken Address Bureau of Economic, Energy and Business Affairs
Rm 4950, Harry S. Truman Bldg.
U.S. Department of State
2201 C St. NW
Washington, DC 20520
Telephone +1 202 647-2744
Fax +1 202 647 5713 Email yetkenma@state.gov
Second Email usncp@state.gov
NCP Website http://www.state.gov/usncp/

Documents

Title Date
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and PepsiCo, Inc. (India) 19 May 2017
USW: Sindicato Nacional de Trabajadores Mineros, Metalurgicos, Siderurgicos y Similares de la Republica Mexicana (Mineros); Grupo Mexico 9 August 2016
Specific Instance between USW; Sindicato Nacional de Trabajadores Mineros, Metalurgicos, Siderurgicos y Similares de la Republica Mexicana (Mineros); and Grupo Mexico and its U.S. subsidiary, ASARCO, LLC for conduct in the United States 9 August 2016
Specific Instance between UFCW Local 770, L.A. Alliance for a New Economy, Frente Autentico del Trabajo and Project on Organizing, Development, Education and Research and Grupo Comercial Chedraui, and Bodega Latina (El Super) for conduct in the U.S. 14 July 2016
Specific Instance between the International Union of Food, Agriculture, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and Starwood Hotels & Resorts Worldwide for conduct in the Maldives and Ethiopia 12 May 2016
USNCP Final Statement on the Specific Instance between the United Steel Workers International Union and Birlesik Metal-Iscileri Sendikasi and Crown Holdings, Inc. for conduct in Canada and Turkey 24 December 2015
U.S. NCP Final Statement UAW-IndustriALL and Nissan North America, Inc. for operations in the United States 30 January 2015
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Association (IUF) and Mondelez International for Operations in Pakistan 6 June 2014
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco, and Allied Workers' Association (IUF) and Mondelez International for Operations in Pakistan 6 June 2014
International Union of Food, Agricultural, Hotel, Restaurant, Catering, Tobacco and Allied Workers' Associations (IUF) and PepsiCo, Inc. (India) 19 April 2014
U.S. NCP Public Statement: FFW and Janssen Pharmaceuticals a Division of Johnson & Johnson (Philippines) Inc. 8 November 2013
U.S. NCP Public Statement: IUF and Mondelez International 29 October 2013
U.S. NCP Final Assessment: Communications Workers of America (AFL-CIO, CWA)/ver.di and Deutsche Telekom AG 9 July 2013
Federal Mediation Agency and U.S. National Contact Point Partner To Mediate Guidelines Disputes 10 January 2013
UNITE HERE and LSG Sky Chefs 7 October 2012 (URL last accessed)
UNITE HERE and LSG Sky Chefs : Statement by the U.S. National Contact Point for the OECD Guidelines for Multinational Enterprises 1 March 2012
US NCP - State Department Organogram 27 January 2012 (URL last accessed)
U.S. NCP PROCEDURES FOR SPECIFIC INSTANCES UNDER THE OECD MNE GUIDELINES 30 June 2011