June 20,
2006 Rights
of Turkish Garment Workers Brazenly Violated by
Transnational Paxar
We
are contacting you today to ask for your support
of workers in Turkey employed by Paxar Corporation.
The factory produces labels, prints logos, designs
and texts on garments for garment companies. Clients
of the Turkish factory include Marks and Spencer,
Next, Adidas, Wal-Mart, Levi Strauss and Co.,
Puma, Disney, Gap, C&A, OTTO, Esprit, Nike,
S.Oliver and Tommy Hilfiger. Paxar, a US based
company, has flagrantly violated Turkish law and
corporate codes of conduct by: attempting to destroy
trade union organizing at the company, firing
worker activists, pressuring union members to
renounce their membership, discrimination against
union members and failing to negotiate in good
faith with a trade union that was lawfully authorised
to represent workers at the factory.
BACKGROUND
Striking
Paxar Workers face to face with security workers
in front of factory.Despite several months of dialogue and investigations
involving workers, brands and other stakeholders,
Paxar has refused to correct serious, clear-cut
violations of workers’ rights in its principle
factory in Turkey. The key outstanding violations
are:
- the factory’s refusal to reinstate workers,
some of whom have been found by the Turkish
High Court to have been fired illegally, and
some of whom still have court cases pending,
and
- the factory’s refusal to negotiate in
good faith with the trade union TEKSIF, which
has been legally authorized under Turkish law
to negotiate with the company on behalf of its
members.
The Turkish factory is owned by the Paxar Corporation,
based in New York, a global supplier of apparel
labels, tags, and printing systems for some of
the world's largest apparel brands and retailers.
With revenues of US$809 million in 2005, Paxar
is one of the world's largest label suppliers.
It runs offices or production sites in 47 countries
in North and South America, Europe, the Middle
East, Africa and Asia. Paxar is traded publicly
on the New York Stock Exchange.
ILLEGAL FIRINGS
In early 2005, after the union had successfully
organized the factory and approached Paxar with
a request to open negotiations, the Paxar facility
in Turkey fired eleven employees. In the case
of six of the eleven workers who had been employed
by the company for more than six months, the Labor
Court ruled that the workers were fired illegally
for union activities and ordered their reinstatement.
The High Court of Appeals did not find enough
proof that trade union activity was the reason
for dismissal, but clearly confirmed the basic
ruling of the Labor Court, that the firings were
illegal and that the workers must be reinstated.
The High Court’s decision stated, “It
was decided that termination of work contract
is null, worker shall be reinstated." Despite
this unambiguous decision, Paxar has refused to
abide by the ruling and reinstate the workers.
In the case of five of the eleven workers who
had been employed by the company for less than
six months, whom the Labor Court and the High
Court of Appeals found had been fired specifically
because of their union organizing activities,
Paxar, on June 1st at a meeting with the union,
ITGLWF and the ETI member company Next, agreed
to offer reinstatement to these workers following
substantial outside pressure. These workers have
yet to actually be reemployed.
In addition, at least four other trade union
members were dismissed in late 2005, and one other,
Ayce Bagbakar, was dismissed in April 2006 after
joining the trade union in March 2006; these cases
also represent clear-cut unfair dismissals, though
legal processes surrounding the firings are still
underway.
Paxar Corporation claim that the dismissals were
due to economic factors in the Turkish industry,
but the facts contradict this as the company has
since recruited a number of contract workers,
and is even using sub-contracted workers inside
the facility who are employed by its security
company.
FAILURE TO RECOGNIZE UNION
The company’s anti-union behaviour is not
limited to the above-mentioned dismissals. Union
members report pressure to resign their trade
union membership, and threats of dismissal if
they did not.
Paxar has also refused to abide by an explicit
ruling by Turkey’s Ministry of Labor to recognize
and commence collective bargaining with a trade
union lawfully authorised to represent workers.
In February 2005, 338 of 465 workers at the Paxar
facility joined a trade union known as TEKSIF
(Textile, Knitting and Clothing Industry Workers'
Union of Turkey). In November, the Turkish Ministry
of Labor granted TEKSIF authority to negotiate
a collective bargaining agreement with Paxar on
behalf of 246 of its members. However, despite
acknowledging this decision, Paxar has failed
to engage in meaningful collective bargaining
with the trade union.
On repeated occasions, Paxar has promised to
change its attitude and commence bargaining, only
to renege on its commitments. Though the union
authorization was granted more than six months
ago and the union has since presented management
with several contract proposals, and despite several
meetings between the trade union and the company,
thus far Paxar has failed to offer a single counter-proposal,
opting instead to debate the trade union’s
legitimacy and to ridicule the union in communications
with brands, monitoring groups, and worker advocates.
The trade union organized a strike to start on
May 11th. This led to intensified action from
the ITGLWF, several multi-stakeholder initiatives
and some brands sourcing from the factory resulting
in Paxar engaging in a number of meetings.
A first meeting was held on May 24th in the UK
with Paxar and the Ethical Trading Initiative
and its members, Marks and Spencer, Levi Strauss
and Co, Next, Gap and ITGLWF. Paxar agreed to
begin negotiations in good faith with TEKSIF,
facilitated by ITGLWF and observed by Next, between
the 1st and 6th June 2006. Meetings in Turkey
took place on the 1st and 2nd of June, resulting
in the above mentioned agreement to reinstate
some of the workers and an agreement to start
good-faith collective bargaining negotiations
by 9th of June. Paxar has unilaterally repeatedly
postponed these negotiations. By June 19th, it
became clear that Paxar in Turkey, operating under
instruction from Paxar HQ in the USA, had decided
not to negotiate with TEKSIF despite the fact
that TEKSIF is the legally recognized bargaining
agent for the workers. This is a clear violation
of local labour laws as well as company codes
of conduct.
BUYERS' RESPONSES
Some companies sourcing from Paxar have been
in touch with Paxar in relation to this case either
directly or through the multi-stakeholder initiative
they are a member of.
ETI member companies, Marks and Spencer, Levi
Strauss and Co, Next and Gap,), as well as FLA
member companies, adidas, Puma and Nike have all
contacted Paxar in various ways. H&M who are
a Paxar client, although not sourcing from the
Turkish factory, have also expressed their concern
to Paxar.
The focus of much of this company communication
has been on the negotiation of a collective bargaining
agreement.
Please read the Feb 28 2007 UPDATE
Agreement reached in Paxar
case!!
ACTION REQUEST
Use the sample letters
below to contact:
1. The Paxar office in
Turkey and Paxar headquarters in the US, calling
on them to comply with ILO Conventions and Turkish
law immediately by entering into good-faith collective
bargaining negotiations with TEKSIF, and re-instate
workers.
You may also like to contact
the Paxar office in your country. Paxar has offices
in Australia, Bangladesh, Belgium, Brazil, Bulgaria,
Canada, China, Colombia, Dominican Republic, El
Salvador, France, Germany, Honduras, Hong Kong,
India, Italy, Korea, Mauritius, Mexico, Morocco,
Norway, Peru, Poland, Portugal, Romania, Singaport,
Spain, Sri Lanka, Sweden, Turkey, UAE and United
Kingdom. For contact details for European offices
please see below. For all other addresses see here.
2. The brands sourcing
from the Paxar facility in Turkey to ask them
to use their influence with the Paxar HQ in the
USA to ensure that the Paxar facility in Turkey
will:
a) Begin good faith negotiations
immediately with the recognized bargaining agent
for the Paxar workers, the trade union TEKSIF.
Good faith bargaining requires that Paxar make
a formal and reasonable counter-offer to the union’s
existing contract demands.
b) Offer immediate and unconditional reinstatement
(with full back pay, and to their original positions
and level of seniority) to the following workers:
- The eleven trade union
members dismissed in early 2005, all of whom
were determined by Turkish Courts to have been
dismissed unfairly, rulings that were upheld
by the Appeals Court;
- Four of the six trade
union members dismissed in late 2005. These
four are clear cases of unfair dismissal; with
respect to the other two workers, the circumstances
are not as clear.
- Ayce Bagbakar, a trade
union member dismissed in April 2006, after
joining the union in March 2006, another clear-cut
case of unfair dismissal.
There is one letter to
brands sourcing from the factory who have so far
FAILED to undertake any action at all in relation
to this case: Esprit, Otto, S.Oliver, Tommy Hilfiger,
WalMart, Disney and C&A. The second letter
is to brands sourcing from the factory who are
have taken some action already.
Please send copies of the
communication to CCC via info @cleanclothes.org
SAMPLE LETTER to Paxar
USA and Turkey
Note: Paxar USA have blocked
emails sent to them from the Clean Clothes Campaign
website, but you can use this form to mail the
following letter to Arthur Hershaft, Paxar President
and CEO via the Paxar USA office <dmail@paxar.com>,
and directly to Stewart Fergus, Paxar Turkey.
Should you wish to send
a letter the old-fashioned way, or by fax to Arthur
Hershaft, here are the full contact details:
Arthur Hershaft
President and CEO of Paxar
Paxar Corporation (Headquarters)
105 Corporate Park Drive
White Plains
NY 10604
Phone: +1 914 697 68 00
Fax: +1 914 696 41 28
e-mail: info@paxar.com
Stewart Fergus
Paxar Turkey
Seyrantepe Mahallesi Altunay Cad.”63-65
34418 Kagithane
Istanbul
Turkey
Fax: +1 413 832 8740:
sfergus@paxarturkey.com
FAO Arthur Hershaft, Paxar
President and CEO and Stewart Fergus, Paxar Turkey
I am contacting you about
the illegal dismissals of workers in the Paxar
facility in Turkey, and the failure of the company
to engage in good-faith collective bargaining
negotiations with the trade union in place.
I anticipate that the Paxar
group will be able to ensure a fair and just outcome
to this situation. Trade union rights are internationally
recognized as being essential to healthy industrial
relations, and recognized by the United Nations
as being fundamental human rights. The global
reputation of Paxar is being undermined by the
current situation in Turkey.
Despite several months
of dialogue and investigations involving workers,
brands and other stakeholders, Paxar has refused
to correct serious, clear-cut violations of workers’
rights in its principle factory in Turkey. The
key outstanding violations are:
- the factory’s
refusal to reinstate workers, some of whom have
been found by the Turkish High Court to have
been fired illegally, and some of whom still
have court cases pending, and
- the factory’s refusal
to negotiate in good faith with the trade union
TEKSIF, which has been legally authorized under
Turkish law to negotiate with the company on
behalf of its members.
It is unacceptable that
Paxar has flagrantly violated Turkish law and
corporate codes of conduct by firing worker activists
and failing to negotiate in good faith with a
trade union that was lawfully authorised to represent
workers at the factory.
I call upon the Paxar Group
to take the following action:
1. Begin good faith negotiations
immediatelywith the recognized bargaining agent
for the Paxar workers, the trade union TEKSIF.
Good faith bargaining requires that Paxar make
a formal and reasonable counter-offer to the union’s
existing contract demands.
2. Offer immediate and unconditional reinstatement
(with full back pay, and to their original positions
and level of seniority) to the following workers:
- The eleven trade union
members dismissed in early 2005, all of whom
were determined by Turkish Courts to have been
dismissed unfairly, rulings that were upheld
by the Appeals Court;
- Four of the six trade
union members dismissed in late 2005. These
four are clear cases of unfair dismissal; with
respect to the other two workers, the circumstances
are not as clear.
- Ayce Bagbakar, a trade
union member dismissed in April 2006, after
joining the union in March 2006, another clear-cut
case of unfair dismissal.
I seriously urge you to
give this matter the highest priority.
Please keep me informed
of any action you take and the outcome of the
situation.
Yours sincerely,
Cc:
- Paxar EMEA HQ
Croxley Business Park
Watford
Hertfordshire
WD18 8PD
United Kingdom
Telephone +44 (0)1923 691000
Fax: +44 (0)1923 236967
E-mail: info@paxar-emea.com
SAMPLE LETTER TO BUYERS
WHO ARE YET TO TAKE ANY ACTION TO OUR KNOWLEDGE
Please adapt and send your
letters to the following brands, and copy them
to Arthur Hershaft, President and CEO of Paxar
in the United States and Stewart Fergus, Paxar
Turkey.
Dear Sir/Madam
I am contacting you about
the illegal dismissals of workers in the Paxar
facility in Turkey, and the failure of the company
to engage in good-faith collective bargaining
negotiations with the trade union in place.
I am shocked that despite
all efforts to contact you, you have so far failed
to respond in any meaningful way to these extremely
serious issues.
It is unacceptable that
Paxar has flagrantly violated Turkish law and
corporate codes of conduct by firing worker activists
and failing to negotiate in good faith with a
trade union that was lawfully authorised to represent
workers at the factory.
Paxar’s refusal once
again to engage in good-faith negotiations with
the trade union, or to reinstate illegally dismissed
workers, leads me to write to you to call on you
to make it clear to Paxar that you consider the
situation in Turkey to be urgent, of global concern,
and that the outcome in Turkey will have consequences
for your relationship with Paxar at a global level.
I call on you to contact
Paxar headquarters in the USA today and use your
commercial influence to ensure that the Paxar
facility in Turkey will:
1. Begin good faith negotiations
immediately with the recognized bargaining agent
for the Paxar workers, the trade union TEKSIF.
Good faith bargaining requires that Paxar make
a formal and reasonable counter-offer to the union’s
existing contract demands.
2. Offer immediate and unconditional reinstatement
(with full back pay, and to their original positions
and level of seniority) to the following workers:
- The eleven trade union
members dismissed in early 2005, all of whom
were determined by Turkish Courts to have been
dismissed unfairly, rulings that were upheld
by the Appeals Court;
- Four of the six trade
union members dismissed in late 2005. These
four are clear cases of unfair dismissal; with
respect to the other two workers, the circumstances
are not as clear.
- Ayce Bagbakar, a trade
union member dismissed in April 2006, after
joining the union in March 2006, another clear-cut
case of unfair dismissal.
I also ask you to inform
Paxar that there will be serious commercial consequences
of their failure to take these steps.
I seriously urge you to
give this matter the highest priority.
Please keep me informed
of any action you take and the outcome of the
situation.
Yours sincerely,
Contact info
ESPRIT
Jerome Squire GRIFFITH
Chief Operating Officer of the ESPRIT brand, USA
fax +1 852.2764 2875
EMAIL: jerome.griffith@esprit.com
Esprit Europe GmbH, Germany
fax +49 2102-123-45-100
OTTO
Johannes Merck
Social Compliance Department, Germany
Email: johannes.merck@otto.de
Charles Weissberg
OTTO I.stanbul Office, Turkey
e-mail: charles.weissberg@oiist.otto.de
fax: +90 212 654 85 38
S.OLIVER
Bernd Freier
President, Germany
Fax: +49 93 023 098 9279
e-mail: befrei@s.oliver.de
Tanja Sahraage
Social Compliance Department, Germany
Fax: +49 93 023 098 9279
e-mail: tasahr@s.oliver.de
S.Oliver I.stanbul Ofis:
Ays,egül Candas,
Social Compliance Department, Turkey
Fax: +90 212 886 51 10
TOMMY HILFIGER
e-mail: globallaborpractices@tommy.com.
Sesby (Tommy Hilfiger Türkiye
Temsilcilig(i), Turkey
Nafiye Caf
Sosyal Uyumluluk Departman?
Phone: +90 212 465 10 10
Fax: +90 212 465 10 11
e-mail: nafiyec@sesby.com
WAL-MART
Rajan Kamalanathan, Rob Kusiciel, USA
rkamala@wal-mart.com
Rob.Kusiciel@wal-mart.com
WALT DISNEY
Mark Spears, USA
Mark.Spears@disney.com
C&A
Frank Hoendervangers
C&A Corporate Social Affairs
e-mail: df10@retail-sc.com
phone: +49 211 693 1221
+32 2 257 69 60
fax: +49 211 693 12 53
- Stewart Fergus, Paxar
Turkey
Fax: +1 413 832 8740, email: sfergus@paxarturkey.com
SAMPLE LETTER TO BUYERS
WHO HAVE TAKEN SOME ACTION ALREADY
Please adapt and send your
letters to the following brands, and copy them
to Arthur Hershaft, President and CEO of Paxar
in the United States and Stewart Fergus, Paxar
Turkey.
Dear Sir/Madam
I am contacting you about
the illegal dismissals of workers in the Paxar
facility in Turkey, and the failure of the company
to engage in good-faith collective bargaining
negotiations with the trade union in place. I
understand that you have been contacted on a number
of occasions by the trade union TEKSIF and the
international union ITGLWF in relation to this
factory, and are therefore aware of the situation
at the facility.
I acknowledge that you
have been in touch with Paxar, but this has not
yet led to changes the workers and their union
are calling for.
It is unacceptable that
Paxar has flagrantly violated Turkish law and
corporate codes of conduct by firing worker activists
and failing to negotiate in good faith with a
trade union that was lawfully authorised to represent
workers at the factory.
Paxar’s refusal once
again to engage in good-faith negotiations with
the trade union, or to reinstate illegally dismissed
workers, leads me to write to you to call on you
to make it clear to Paxar once again that you
consider the situation in Turkey to be urgent,
of global concern, and that the outcome in Turkey
will have consequences for your relationship with
Paxar at a global level.
I call on you to contact
Paxar headquarters in the USA today and use your
commercial influence to ensure that the Paxar
facility in Turkey will:
1. Begin good faith negotiations
immediately with the recognized bargaining agent
for the Paxar workers, the trade union TEKSIF.
Good faith bargaining requires that Paxar make
a formal and reasonable counter-offer to the union’s
existing contract demands.
2. Offer immediate and unconditional reinstatement
(with full back pay, and to their original positions
and level of seniority) to the following workers:
- The eleven trade union
members dismissed in early 2005, all of whom
were determined by Turkish Courts to have been
dismissed unfairly, rulings that were upheld
by the Appeals Court;
- Four of the six trade
union members dismissed in late 2005. These
four are clear cases of unfair dismissal; with
respect to the other two workers, the circumstances
are not as clear.
- Ayce Bagbakar, a trade
union member dismissed in April 2006, after
joining the union in March 2006, another clear-cut
case of unfair dismissal.<
I also ask you to inform
Paxar that there will be serious commercial consequences
of their failure to take these steps.
I seriously urge you to
give this matter the highest priority.
Please keep me informed
of any action you take and the outcome of the
situation.
Yours sincerely,
Contact info:
ADIDAS
Frank Henke
Social & Environmental Affairs, Germany
Fax: +49 91 32 84 32 42
e-mail: frank.henke@adidas.de
Evelyn A. M. Ulrich
Head of Europe / Social & Environmental Affairs,
Germany
Fax: +49 91 32 84 32 42
e-mail: evelyn.ulrich@adidas.de
Selçuk Büyüközer
Manager Europe Social & Environmental Affairs,
Turkey
Fax: +90 212 329 55 80
Selcuk.Buyukozer@adidas.com.tr
GAP
Lakshmi Menon Bhatia
Corporate Social Responsibility Manager, USA
Lakshmi_Bhatia@gap.com
LEVI STRAUSS AND CO.
Manuel Baigorri
Levi Strauss Europe, Brussels
Fax: +322 641 62 67
e-mail: Mbaigorri@levi.com
MARKS AND SPENCER
Julia Dobson, UK
Julia.Dobson@marks-and-spencer.com,
Matt Kelly
Social Compliance Department, UK
Fax: +44 20 7487 2679
e-mail: Matt.Kelly@marks-and-spencer.com
Sylvie Dayi
Social Compliance Department, Turkey
Fax: +90 212 465 00 98
e-mail: Sylvie.Dayi@marks-and-spencer.com
Orkun Darnel
Turkey Team Manager
Fax: +90 212 465 00 98
e-mail: orkun.darnel@marks-and-spencer.com
NEXT
Bernice Leppard, UK
Bernice_Leppard@next.co.uk,
Özer Altunel
Supply Chain Coordinator, Turkey
Fax: +90 212 454 51 02
e-mail: ozer_altunal@nextsl.com.tc
NIKE
I.brahim Eker
EMEA Senior Compliance Manager, Turkey
Fax: +90 212 365 01 02
e-mail: ibrahim.eker@nike.com
Corporate Social Responsibility
in the Europe, Middle East and Africa Office
cr.emea@nike.com
PUMA
Reiner Hengstman
S.A.F.E Director, Germany
Fax: +49 9132 81 2660
e-mail: reiner.hengstmann@puma.com
Stefan D. Seidel
S.A.F.E. Manager Europe, Germany
Fax: +49 9132 81 2514
e-mail: stefan.seidel@puma.com
Yonca Kaya
QA Manager, Turkeyn
Fax: +90 212 876 22 84
e-mail: yonca.kaya@puma.com
CC:
- Stewart Fergus, Paxar
Turkey
Fax: +1 413 832 8740, email: sfergus@paxarturkey.com
- Clean Clothes Campaign
PAXAR OFFICE ADDRESSES
IN EUROPE
Belgium
Paxar Benelux
Poortakkerstraat 41C
9051 St.-Denijs-Westrem (Gent)
Belgium
Telephone: +32 9 245 10 51
Fax: +32 9 220 11 44
E-mail: info@paxar-emea.com
Bulgaria
Paxar Bulgaria
Building 11A
Sofia Business Park
Sofia 1766 (EOOD)
Bulgaria
Telephone: +359 2 976 90 40
Fax: +359 2 976 90 41
E-mail: info@paxar-emea.com
France
Paxar France, Paxar Europrint
Paxar S.A.
1, Avenue Louisin-Bobet
Zone des Marais
94124 Fontenay-sous-Bois Cédex
France
Telephone: +33 1 45 14 67 00
Fax: +33 1 48 76 52 41
E-mail: info@paxar-emea.com
Germany
PAXAR Central Europe GmbH
Harkortstrasse 20
D-45549Sprockhövel
Germany
Telephone: +49 (0)700 72927 238
Fax: +49 (0)700 72927 329
E-mail: info@paxar.de
Italy
Paxar Italia, Collitex
Paxar Italia Srl
Via B Franklin, 18
41012 Carpi (MO)
Italy
Telephone: +39 059 697 266
Fax: +39 059 640 006
E-mail: info@paxar-emea.com
Collitex Srl
Prov. Bonifica, 41
64010 Ancarano (TE)
Italy
Telephone: +39 0861 8131
Fax: +39 0861 870001
E-mail: info@paxar-emea.com
Norway
Paxar NTP A.S.
Paxar Bygget
6868 Gaupne
Norway
Telephone: +47 57 68 05 00
Fax: +47 57 68 05 99
E-mail: info@paxar-emea.com
Poland
Paxar Polska, B+B Etiketten Polska
Paxar Polska Sp. z o.o.
ul. Syrokomli 6
PL-03-335 Warszawa
Poland
Telephone: +48 22 5194 600
Fax: +48 22 8111 095
E-mail: info@paxar-emea.com
Paxar Bornemann Polska Sp. z o.o.
ul. Pasteura 7
31-221 Krakow
Poland
Telephone: +48 (0) 12 415 61 88
Fax: +48 (0) 12 415 71 01
E-mail: info@paxar-emea.com
Web www.bbpolska.pl
Portugal
Paxar Iberia - Sucursal em Portugal
Zone Industrial de S. Veríssimo, lote 17
Lugar de Cachadas
Freguesia de Tamel Sâo. Veríssimo
4750 - 726 Barcelos
Portugal
Telephone: +351 253 844 110
Fax: +351 253 843 662
E-mail: info@paxar-emea.com
Romania
Paxar SRL
29 Tudor Vladimirescu Bvd
Sector 5
050881
Bucharest
Romania
Telephone: +40 21 411 77 79
+40 21 411 92 00
+40 21 411 92 01
Fax: +40 21 411 77 39
E-mail: info@paxar-emea.com
Spain
Paxar Iberia S.L.
P.I.Can Llobet
C/Pau Vila,8-10
08192 Sant Quirze del Valles
Barcelona
Spain
Telephone: 34 93 746 4310
Fax: +34 93 746 4315
E-mail: info@paxar-emea.com
Sweden
Paxar Scandinavia
Carlsgatan 10A
211 20 Malmö
Sweden
Telephone: +46 40 661 35 40
Fax: +46 40 661 35 44
E-mail: info@paxar-emea.com
Turkey
Paxar Turkey
Tekstil Urunleri Sanayi ve Ticaret A.S.
Seyrantepe Mahallesi
Altunay Caddesi No:63-65 80650
Kagithane-Istanbul Turkey
Telephone: +90 212 393 3000
Fax: +90 212 321 3614
E-mail: info@paxar-emea.com
United Kingdom
Paxar EMEA HQ
Croxley Business Park
Watford
Hertfordshire
WD18 8PD
United Kingdom
Telephone +44 (0)1923 691000
Fax: +44 (0)1923 236967
E-mail: info@paxar-emea.com
