After three union activists were dismissed
from the MSP Sportswear factory in Thailand for exercising
their right to organize in October 2004, the CCC targeted
MSP's two major clients, Nike and the French brand Decathlon,
to push them to play a role in resolving the dispute. By March
2005, CCC was able to announce the reinstatement of the three
unionists, and the successful campaign was called off.
A union was formed at MSP in November 2003 when work-ers
could no longer tolerate the very bad working conditions.
These included constantly increasing quotas with no pay
increase, compulsory overtime, poor quality drink-ing water,
verbal abuse from supervisors, and daily body searches that
at times amounted to sexual harassment.
The CCC International Secretariat, working closely with
the French CCC, pressured both brands to enter into talks
with CLIST (Centre for Labor Information Service and Training,
the Thai organization supporting the union activ-ists),
and the local union at the MSP Sportswear factory. The French
CCC distributed 7,000 protest letters and 9,000 campaign
postcards to put extra pressure on De-cathlon. However Decathlon
failed to react in any constructive way. Indeed, CCC regards
their role as disgraceful and disappointing. However, a
great deal of publicity was generated in the French press
and by the letter-writ-ing campaign which certainly helped
to resolve the case.
On March 18, 2005, a meeting took place between CLIST and
the other brand, Nike. Here an agreement was reach-ed where
all three dismissed union activists were offered their jobs
back, including full back pay to the date of dismissal for
two of the workers. The third worker accepted settlement
money which came to a higher amount than the back pay.
The parties also agreed to develop "Terms of Engage-ment"
with input from all concerned: workers, management, buyers
and Thai labor officials. The Fair Labor Association (FLA),
involved in the case after a complaint was filed by the
union against FLA member company Nike, is to develop these
Terms of Engagement further. They will cover the protection
and reinstatement of the workers, their reintegration, and
any follow-up work that needs to be done. They are to include
rules of behavior for all parties concerned (MSP management,
external parties, brands, dismissed workers, general MSP
workers, and any other workers' organizations or workers'
representatives at MSP). A neutral third party will be identified
by the FLA, with the consent of all parties, to facilitate
a sustainable solution to prevent the recurrence of labor
disputes at MSP. Several rounds of negiotations between
the different parties haven taken place since then, and
CLIST reports thus far reasonable progress is being made.
While the CCC welcomes the steps taken by Nike to re-solve
this situation in their supplier factory in Thailand, at
the same time Nike can be criticized for unnecessarily prolonging
the dispute. There were numerous opportunities for Nike
to intervene by enforcing its code of conduct and insisting
that MSP reinstate the dismissed workers. Instead, the dismissed
workers and their union col-leagues still working in the
factory faced great hardship in what can only be seen as
an attempt to break the union. The CCC hopes that Nike will
learn from this dispute and take its own code of conduct
more seriously.