24-08-2006
Paxar: Negotiations come to
a standstill
Collective
bargaining negotiations between Paxar and the trade
union Teksif have been stalled once again by the
uncompromising attitude of Paxar management, especially
in relation to wage rises and bonus payments.
Paxar were unable to make a reasonable proposal,
and the offers they made amount to a failure to
respect the principles of good-faith negotiation.Events
since the last update
We apologise for the timelapse since our last
update on June 20. Since then, following pressure
from multi-stakeholder initiatives and brands,
we were encouraged to see Paxar commit to a negotiation
schedule and received positive feedback about
the initial meetings.
Parties were hopeful that on August 15th a collective
bargaining agreement would be signed. Since Paxar
has repeatedly failed in the past to fulfil its
commitment to negotiate in good-faith, CCC decided
to wait until then before circulating an update.
Unfortunately, our decision proved to be the correct
one.
We previously reported that Paxar Turkey 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.
All the brands identified as producing at Paxar,
as well as some other Paxar clients, took action
in this case. Many of the companies producing
at Paxar are members of a multi-stakeholder initiative
(MSIs): the Ethical Trading Initiative, Social
Accountability International or the Fair Labor
Association. These MSIs and their member brands
worked together in a constructive way leading
to collective and coordinated pressure on Paxar.
The action request called upon the brands to threaten
commercial sanctions. Whilst most brands stopped
short of doing this, the pressure was enough to
make Paxar sit down and agree to negotiate with
Teksif, following a long period of delays. Progress
was made finally when Paxar sent a senior manager
from the UK to assist local management. On July
14 an agreement was reached on the negotiation
schedule, some initial clauses of an agreement
and to establish a technical committee with representatives
of both the company and the union. Teksif reported
that these initial negotiations were progressing
positively. More than 60 clauses of the agreement
were negotiated by the technical committee. The
crunch came on the financial elements of the agreement,
which were negotiated without the presence of
Paxar representatives from outside Turkey. The
negotiations on August 15, however, ended with
without an agreement being signed and no date
being set for a new meeting.
For more detail on why the CCC believes Paxar
is violating the principles of good-faith negotiations,
see box. Also see the report made by the independent
observer who attended the negotiations on behalf
of the FLA, which has also been accepted by SAI
and ETI, available at http://www.fairlabor.org/all/complaint/Paxar_report_Thorpe_8.15.06.pdf
Demands to the brands
The brands sourcing from Paxar must contact Paxar
immediately to express their dismay on Paxar's
failure to engage in good faith bargaining, and
demand that they resume negotiations immediately
and bargain in good faith before September 4.
We believe that this gives Paxar more than sufficient
opportunity to make a reasonable counter proposal,
particularly since negotiations should have started
back in November 2005 when Teksif were given legal
authority to negotiate. Given the extensive delays
and the repeated failure of Paxar stand by its
commitments, the brands should also be ready to
stand by their own codes of conduct and take the
necessary measures if negotiations haven't started
by this deadline.
In addition, brands should call upon Paxar to
take active measures immediately in partnership
with Teksif to reassure all their employees that
they are free to join the trade union, to bargain
collectively and that workers will not suffer
any discrimination for their union related activities.
These could include training of both management
and workers on freedom of association, collective
bargaining and labour-management relations. Paxar
should also encourage those workers it had induced
to renounce their membership of Teksif to rejoin
and for Paxar to meet the necessary legal costs
involved. Especially now that negotiations have
stalled once again, it is imperative to take these
measures without delay. Finally Paxar must settle
all outstanding re-instatement issues concerning
the various dismissed workers directly with Teksif.
Why Paxar's 'offer' is unreasonable
|
Paxar's first counter-proposal was a 3%
increase in wages with no bonus. This offer
was considered to be unreasonable and was
refused by Teksif on a number of grounds.
Payment of bonuses is a general practice
in the garment industry in Turkey and is
included in the sector agreement with the
Turkish Textile Industry Employer Association.
Senior workers always receive a bonus equivalent
to 120 days and new workers receive a bonus
equivalent to 72 days. It was revealed during
the negotiations that the company had been
recruiting workers at the minimum wage level
who therefore had no bonuses in their wages
at all. Teksif also argue that the sector
agreement includes a wage rise of 6%. In
addition, the official inflation figures
for the preceding twelve months showed an
inflation rate of 11.69%. Teksif was asked
to sign an agreement that would set a negative
precedent for the industry as a whole in
which much better terms had already been
agreed.
As a signal of Teksif's willingness to
seek solution and agreement, Teksif informed
the company that they were prepared to accept
a 6% wage rise, or the rate of inflation
for six months and a bonus equivalent to
60 days (as opposed to the 72days in the
most recent sector agreement) that should
be paid in equal monthly instalments, but
separately identified as bonus payments.
Teksif proposed that these rises would be
valid from 1st January 2006. Paxar refused
this offer and opposed the idea of paying
bonuses, based on the fear of causing wage
inflation by raising the number of workers
who would fall beneath minimum wage if their
salary were identified as part basic wages
and part bonuses. Teksif argue that since
bonuses are standard practice for the industry
and are included in all current agreements,
they could not agree to be party to an agreement
that contained no bonus payments whatsoever.
Paxar's second proposal was to raise wages
at the level of inflation minus 4%, up to
a ceiling of 7.5%, to be implemented from
1stJanuary 2007. This would mean that if
the inflation rate were less than 7%, this
proposal is even worse that than the first
proposal of 3%. Teksif also felt that the
proposal to sign a contract today that would
not start until next year was unacceptable.
At times Paxar have claimed that since
their net wages are much higher than sector
average, adding a bonus would make workers'
wages uncompetitively high. If we however
compare Paxar average wages to unionized
factories in Turkey this turns out not to
be correct. Even if Paxar met the union's
last offer of 6% wage increase and 60days
bonus, the average wage would be 700-715
YTL. This is less than the average wages
in some of the unionised factories in Turkey:
780 to 800 TYL in Modital, 730 to 745TYL
in Levi's Turkey and 715 to 730TYL in Yesim
Tekstil. Since Paxar are aking on more workers
at the minimum wage, the average wage level
at Paxar will come out even lower than the
figures cited above.
|
Please read the Feb 28 2007 UPDATE
Agreement reached in Paxar
case!!
Dear Sir/Madam
I am extremely disappointed to have been informed
by the Clean Clothes Campaign that Paxar has failed
to negotiate with the trade union Teksif in good
faith, by failing to make reasonable proposals
in relation to wages and bonuses in particular.
I understand this was a key obstacle to the finalisation
and signing of a collective bargaining agreement.
We welcome the pressure
you have put on Paxar so far, and also the fact
that you have worked collaboratively with other
brands and multi-stakeholder initiatives to push
Paxar to comply with your code of conduct, national
law and international standards by negotiating
with Teksif.
However, due to the failure
of Paxar to engage in good-faith negotiations,
I call on you to increase your pressure on Paxar
by:
- contacting Paxar immediately
to express your dismay on Paxar's failure to
engage in good faith bargaining, and demand
that they resume negotiations immediately and
bargain in good faith before September 4. We
believe that this gives Paxar more than sufficient
opportunity to make a reasonable counter proposal,
particularly since negotiations should have
started back in November 2005 when Teksif were
given legal authority to negotiate;
- being ready to stand
by your code of conduct and take the necessary
measures if negotiations haven't started by
this deadline;
- calling on Paxar to
take active measures immediately in partnership
with Teksif to reassure all their employees
that they are free to join the trade union,
to bargain collectively and that workers will
not suffer any discrimination for their union
related activities. These could include training
of both management and workers on freedom of
association, collective bargaining and labour-management
relations. Paxar should also encourage those
workers it had induced to renounce their membership
of Teksif to rejoin and for Paxar to meet the
necessary legal costs involved. Especially now
that negotiations have stalled once again, it
is imperative to take these measures without
delay.
- calling on Paxar to
settle all outstanding re-instatement issues
concerning the various dismissed workers directly
with Teksif.
I look forward to hearing
about the steps you have taken in this case.
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
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
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