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NEWSLETTER 19, July 2005
Filing Complaints with the MSIs
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The different ways that complaint mechanisms of the
MSIs work vary a lot. Here is a brief analysis, based on
the CCC's experience.
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The ETI in the UK: current sourcing companies
that are members of the Ethical Trading Initiative include
Levi Strauss, Marks & Spencer, Gap, and Mothercare.
The ETI has devel-oped a mechanism that channels complaints
directly to member companies. Complaints have to be
filed by an ETI member organisation (NGO, trade union,
or, presumably, a company) to the member company concerned.
The ETI Secretariat only becomes directly involved if
parties fail to reach an agreement. ETI member companies
are also expected to provide workers with a confidential
way of reporting failure to ob-serve the ETI Base Code
directly to them. There is no obligation for member
companies to ensure that their suppliers have a mechanism
to handle worker-to-management complaints.
For more information, see www.ethicaltrade.org.
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The FWF in the Netherlands: Fair Wear Foundation
members include G-Sus, O'Neill and several smaller Dutch
brands. CCC representatives are on the FWF board and
the committee of experts. The FWF works with local organisations
with good relations to the workers of the suppliers
concerned, who can act as "complaints handler".
These locally manage the procedure and report complaints
to the Foundation, which is re-sponsible for follow-up.
In the first step, the complaint goes to the member
company to handle; if this fails to resolve matters,
then the FWF becomes directly involved. At present it
is unclear in what way member companies are obliged
to devel-op channels to receive complaints directly
or to ensure that their suppliers have mechanisms to
handle worker-to-management complaints. As a follow-up,
a verification audit is an option. For such audits FWF
uses teams made up of local experts, following advice
from members of its local partner network (which includes
trade unions and labor rights NGOs).
For more information, see www.fairwear.nl.
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The FLA in the US: members of the Fair Labor
Association include all the major sportswear brands,
such as Nike, Ree-bok, and adidas, as well as other
major brands such as Liz Claiborne and Eddie Bauer.
As part of its internal monitoring obligations, the
FLA requires that member companies pro-vide workers
with a confidential reporting channel through which
they can report non-compliance directly to that member
company. Member companies are also recommended to ensure
that their suppliers have mechanisms in place for worker-to-management
complaints. In addition, anybody can file a complaint
directly to the FLA itself. The FLA (after review) passes
the complaint on to the member company for remediation;
the company has an initial 45 days to solve the problem
before the FLA will intervene; but the FLA takes an
active role in this process, and ultimate responsibility
lies with the FLA. In some cases, the FLA has been acting
more as a mediator. An example is the Jaqalanka dispute
in Sri Lanka in 2003 where the remediation consisted
of drawing up a collective bargaining agreement.
For more information, see www.fairlabor.org.
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The WRC in the US: unlike the other initiatives,
the Worker Rights Consortium does not have member companies
and therefore does not have an official role in setting
up complaint systems for sourcing companies. The WRC,
to a certain extent, can be seen as an institutionalized
variant of the activ-ist urgent appeal phenomenon. It
concentrates on the complaints it receives, usually
filed by NGOs or trade unions, and also investigates
pro-actively. If an appeal from a local union or support
organization concerns a factory producing apparel for
a US college campus, the WRC jointly, in coordination
with local worker organizations, investigates the complaint,
and develops a suggested course of action for the sourcing
companies concerned. The leverage provided by the WRC's
university members, the final buyers of the product,
means that sourcing companies are more likely to meet
their demands.
For more information, see www.workersrights.org.
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SAI in the US: before Social Accountability
International (SAI) agrees to an SA8000 certificate
for a company, it requires that there is a mechanism
in place for company management to handle complaints
from workers. Additionally, anyone can file a complaint
directly to SAI itself, or to the certification body
that certified the facility on behalf of SAI. Usually
such complaints will first be passed on to the supplier
or to the audit firm that certified it, for resolution.
Or the complaint may be passed to a different audit
firm. An investigation has to be made within 30 days,
or an appeal can be filed with SAI, which then sets
up an appeal board. Sourcing companies related to SAI
(via its Corporate Involvement Program) are not required
to have a process for directly receiving complaints.
For more information, see www.cepaa.org.
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