Feb 2005 - Dear Friends,

On 29 October 2004, three executives of a recently formed labor union at MSP Sportswear in Thailand were dismissed. The factory is a supplier for the brands Nike and Decathlon. Since then, the remaining nine executives in the plant have been subjected to constant harassment and have been prevented from carrying out their union activities.

Please contact Nike and Decathlon to express your dissatisfaction with the slow pace they have taken in relation to this clear-cut example of anti-union activity on the part of MSP management.

Miss Mala Phosit, one of the three activists who was dismissed

March 2005, Good news in MSP case: union activists reinstated in Thailand

Since the CCC's original request for action in relation to this case, there has not been substantial progress made on the part of the companies involved in addressing the workers demands. Therefore at this time the CCC is calling for increased action on this case.

Banner at the anti-union rally that was organised by the MSP management

Since the last update, One of the workers, Mr. Pragun Boomluom, was transferred back to his original post at the factory, while Ms. Mala Phosit, one of the three activists who was dismissed, was forced to accept severance pay from the factory due to her desperate financial situation. On December 17th MSP management took workers to rally in front of the Provincial government building in an attempt to discredit the union. Read more >>

The appeal launched in early January 2005 resulted in action in several different countries. The press in Thailand has reported extensively on the MSP case, while in New Zealand, activists demonstrated in front of a sports apparel shop to show their solidarity with the Thai garment workers.
http://www.greens.org.nz/campaigns/trade/
photo_gallery/rebel_sports_protest.htm
In the United States, United Students Against Sweatshops sent hundreds of letters to Nike calling upon Nike to meet with CLIST and to take steps to see that the dismissed workers were reinstated. Despite this, Nike has not taken any steps to bring this dispute closer to a resolution.

Nike and Decathlon must respect workers' right of freedom of association and reinstate the dismissed workers without any further delay and to put an end to the harassment of the union activists still working at the factory.

In an informal meeting held on 2 December 2004, an official of the Thai Welfare and Labour Protection Department of the Ministry of Labour stated that the dismissal of the workers was due to their union involvement and that the dismissals therefore also violated labour codes. He further stated that in his opinion, a legal process rarely ends with the reinstatement of the dismissed workers. The most likely outcome would be a severance payment, effectively breaking the union. Clearly, this should demonstrate to Nike that if they support workers' rights, a time-consuming legal process is unacceptable.

Furthermore, the French Clean Clothes Campaign followed up with Decathlon, a company with its headquarters in France.

Decathlon stated that it had commissioned an external audit of the MSP factory that was conducted on 25 December 2004, but they have not disclosed any information regarding who carried out the audit or what the findings were.
Decathlon's social compliance officer was in Thailand at the end of January and met with CLIST (Centre for Labor Information, Service and Training), the organisation supporting the factory union. Prior to this visit to Thailand, Decathlon had indicated that besides CLIST, it would also meet with the FLA and inform the French CCC by February 7th about the measures that it would take to resolve the labor conflict at the MSP factory - Decathlon has thus far failed to do either.

In January a complaint was filed with the FLA (of which Nike is a member). The complaint was officially accepted on January 17th and the FLA is currently investigating this case and looking for possibilities for remediation..

March 2005, Good news in MSP case: union activists reinstated in Thailand

Please contact Nike and Decathlon to express your dissatisfaction with the slow pace they have taken in relation to this clear-cut example of anti-union activity on the part of MSP management. Where there is a Decathlon representative in your country, please contact them as well.

• Write letters to Nike and Decathlon calling upon them to work with the other buyers at MSP and with the FLA to bring about a swift and fair resolution to this case and to influence MSP management to comply with the workers' demands.

• Please send copies of your letters to

  • Mr. Krautler (the factory owner)
    E-mail: peter@mpgthailand.com
  • CLIST:
    Email : clist@loxinfo.co.th
    

SAMPLE LETTER TO NIKE

Contact information:

Nike World Headquarters
1 Bowerman Drive
Beaverton, OR 97005
U.S.A.
Phone: 1-800-344-6453
e-mail: harsh.saini@nike.com (Nike regional coordinator)
Krittika.W@nike.com
Dusty.Kidd@nike.com (Nike vice-president compliance)

Re.: Illegal dismissals and Anti-union activities at MSP Sportswear Thailand

Date:

Dear Harsh Saini, W. Krittika and Dusty Kidd,

I am writing to you because I am concerned to hear about the situation at the MSP Sportswear factory in Huatalea Moung Nakornrachaseama in Thailand. I understand that in 2003, workers at the factory decided to organise and form a union due to the poor working conditions at the factory.
Since that time, the union executive has been harassed and threatened. In October 2004 some of them were unfairly dismissed, and in some cases their relatives were dismissed.

Nike has delayed any progress in the case by stating that the dispute should be settled in the Thai courts, even though Nike's code of conduct has clearly been violated.

Since the MSP Sportswear factory produces primarily for Nike, I call upon Nike to use its influence to bring about a fair and acceptable resolution that includes the following demands of the union:

1. Reinstatement of the three dismissed workers Ms. Samai Kongthalae, Ms. Ganjana Patiwatwongs and Ms. Mala Phosit with back wages from the day of dismissal until their reinstatement. This settlement must include Ms. Mala Phosit even though she was forced to resign and accept the severance pay offered by the company because she was in an extremely difficult financial situation due to her dismissal;
2. The company must reinstate the mother of one of the committee members of the trade union, who was also working at the factory and whom the union members believe got fired because of her family connection.
3. The company must stop all actions against the union and cease distributing misleading information about the union.
4. The company must allow the union to give leaflets and union membership application forms freely in the work place without intimidation or any form of interference to prevent workers from joining the union.

It has come to my attention that you and other representatives of Nike met with the MSP Sportswear workers and the labour organisation supporting them (CLIST) in Thailand. Despite the fact that it was clearly demonstrated that Nike's Code of Conduct was being violated at the factory, Nike has decided to wait for the outcome of the legal proceedings. This is unacceptable because it is Nike's Code of Conduct that is the issue here. If this Code of Conduct is being violated, it is Nike's direct responsibility to intervene, rather than waiting for legal proceedings to run their course.

Nike should also call together all parties concerned, as requested in the December 15 letter of CLIST, to share the outcomes of the investigation, and secondly to discuss what steps should be taken after re-instatement of the workers.

I urge you to do everything you can to ensure that the demands of the workers are met and that they will be able to form and join a union of their choosing free from intimidation and harassment. I look forward to hearing from you about actions you have been able to take on this matter.

Yours sincerely,

Name:

SAMPLE LETTER TO DECATHLON

FAO Mr Yves CLAUDE,
Chief Executive Officer
4 boulevard de Mons
BP 299
59665 VILLENEUVE D'ASCQ CEDEX
FRANCE

Violation of labour human rights at MSP Sportswear Co. Ltd, supplier of Decathlon in Thailand

Dear Mr. Yves Claude,

I am writing you to express my concerns regarding the anti-union activities at the MSP Sportswear Factory, a Decathlon supplier in Thailand. The French Clean Clothes Campaign sent a letter to Decathlon on 17 December 2004, informing you about a flagrant case of factory management's violation of the labour rights of the MSP Sportswear workers.

As stated in the reports of the Center for Labour Information Service and Training (CLIST) in Thailand, the fundamental labour rights of the workers at MSP Sportswear are not respected and the workers suffer from intense anti-union pressure from MSP management.The main facts in the case are that on 29 October 2004, three women who were union activists were dismissed after having created a union and calling upon the company management to respect the workers' rights of freedom of association and collective bargaining.

In subsequent meetings between the management and the dismissed workers and CLIST, management explicitly stated that it did not intend to reinstate the dismissed workers. This lack of respect of the workers' labour rights is totally unacceptable.

I understand that an audit commissioned by Decathlon was conducted at MSP Sportswear and that the Decathlon social compliance manager recently visited Thailand. However, despite agreements made with the French CCC that you would issue a report regarding your findings, you failed to provide any information about the contents of your investigations and your conclusions. Decathlon's silence regarding this situation is extremely frustrating.

Considering the gravity of this crisis, it is very important that Decathlon discloses its position in this case and issue information about the action it plans to take to resolve this labour dispute. It is imperative that Decathlon use its position as a buyer to take action to restore constructive relations between the union and the management of the factory.

Decathlon must coordinate its initiatives with factory management, other clients, notably Nike in order to create a concerted and constructive dialogue with all the stakeholders in this company.

I call upon Decathlon to take action towards MSP Sportswear to ensure that the following demands of the Thai union are met:

1. Reinstate the three dismissed workers Ms. Samai Kongthalae, Ms. Ganjana Patiwatwongs and Ms. Mala Phosit with back wages from the day of dismissal until their reinstatement. This settlement must include Ms. Mala Phosit even though she was forced to resign and accept the severence pay offered by the company because she was in an extremely
   difficult financial situation due to her dismissal;
2. Reinstate the mother of one of the committee members of the trade union, who was also working at the factory and whom the union members believe got fired because of her family connection.
3. Stop all actions against the union and cease distributing misleading information about the union.
4. Allow the union to give leaflets and union membership application forms freely in the work place without intimidation or any form of interference to prevent workers from joining the union.

Since Decathlon subcontracts to MSP Sportswear, it should:

1. Accept that it has a responsibility to act for the implementation of a corrective action plan aimed at ensuring that MSP Sportswear clearly respects the ILO fundamental conventions';
2. Make sure that conditions at the factory change to allow the effective exercise of union rights at MSP Sportswear.

I look forward to hearing what steps Decathlon will take to ensure that workers' rights are respected and that the union's demands are met.

Your's sincerely,

Name:

BENELUX
Decathlon Benelux N.V.
Noorderlaan 53
2030 Antwerpen
CEO Benelux: Georges Hanot
georges.hanot@decathlon.com

ITALY
SS. Nuova Valassina 268
20035 LISSONE (MI)

UK
Decathlon
Surrey Quays Road
London
SE16 2XU
Tel : +44 (0) 207 394 2000
Fax : +44 (0) 207 394 2010

GERMANY
Decathlon Sportartikel GmbH & Co. KG
Holsterhauser Str. 200
44625 Herne
Tel.: 02325 - 9128 0
Fax.: 02325 - 9128 768

SPAIN
Decathlon Espana
Ctra. De Fuencarral 24
Alcobendas
Madrid