1 / 13

Stefan Marculewicz

The USNCP and Developments on Extra-Territoriality. Stefan Marculewicz. genda. The USNCP Procedure Publicity Tactical Considerations Extra-Territoriality Goals Special Guest Legal Theories Where to go?. The USNCP. Historical context Reinvigorated under Obama Administration

sean-fox
Download Presentation

Stefan Marculewicz

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The USNCP and Developments on Extra-Territoriality Stefan Marculewicz

  2. genda • The USNCP • Procedure • Publicity • Tactical Considerations • Extra-Territoriality • Goals • Special Guest • Legal Theories • Where to go?

  3. The USNCP • Historical context • Reinvigorated under Obama Administration • AFL-CIO Leadership • International criticism • Remains a viable tool for unions • Organizing • Bargaining

  4. The USNCP Procedure Complaint Initial Assessment (3 Months) Complaint Withdrawn IAWG Press Internet Offer of Good Offices Echo Chamber Does not further Guidelines Mediation (6 Months) Publish Final Statement (12 months)

  5. The USNCP Publicity • Outreach and increased Internet Presence • Case Decisions • LEAD Group and Innospec • LSG Sky Chefs • Use of Case Decisions • Add to echo chamber • Publicity

  6. The USNCP and Tactical Considerations • USNCP Condones a Double Standard on Publicity “The US NCP expects parties to a specific instance to respect the confidentiality of all communications with the US NCP, beginning with the submission of the specific instance.” - US NCP Guidance • Partnership with NGO • Unions lose control of the agenda • Use a company’s own statements against it

  7. An Interesting Idea • US Law requires unions to have (1) a member bill of rights and (2) to disclose finances including leadership income • GUF’s and unions in Europe do not file even though they operate in the U.S. • OECD complaint against UNI and other GUF’s • Seek compliance with LMRDA • Establish and fund group to process and publicize case • Put UNI and GUF’s on defensive • Give employers a tool to respond to criticism

  8. Extra-Territoriality • Two Goals • Force companies into U.S. Courts for actions abroad. FCPA/ATS (in trouble) • Create binding obligations to abide by international labor standards enforceable in U.S. courts.

  9. Where we are headed? • The ILO appears to be advocating the application and inclusion of international labor standards into U.S. law. • A word from Judy Scott, General Counsel, SEIU • http://video.law.edu/laborstandards-2.cfm

  10. Legal theories for enforcement • IFA’s or GFA’s that incorporate ILS. • Enforceable contracts (Section 301 LMRA) • Arbitration clauses • IFA’s will evolve • Codes of conduct • Detrimental reliance • Third party beneficiaries • UN Guiding Principles on Business and Human Rights

  11. What does this all mean? • You must fully understand ILS • Own the debate or the unions will define it for you • Do not assume inclusion of ILS in Codes or IFA’s will not have real legal implications • Review your policies to ensure you are not at risk • Language which creates a risk must be changed

  12. What does this all mean? • Unions and NGO’s will pursue this issue • There will be test cases • You will have to educate judges and others on international labor standards • They need alternativemeans to organize employees whodon’t want unions

  13. THANK YOU Stefan Marculewicz

More Related