Management interference with employees’ trade union rights in the United States
Lead NCPUnited States
Supporting NCP(s)France, Japan, Netherlands
DescriptionSpecific instance notified by the trade unions UAW/IndustriALL regarding the activities of Nissan in the United States.
Theme(s)Employment and industrial relations, Human rights
Date28 Apr 2014
Host country(ies)United States
SourceTrade Union
Industry sectorManufacturing

Read the final statement issued by the US NCP concluding the specific instance - 30 January 2015

In April 2014 the US NCP received a request for review from the trade unions UAW/IndustriALL alleging that Nissan had breached the employment and industrial relations, and human rights provisions of the Guidelines in the United States. Specifically the trade union alleged that the intimidation and aggressive tactics of management interfered with employees’ trade union rights, and that Nissan had failed to respect international standards on freedom of association with respect to its US workers.

The NCP undertook an initial assessment of the specific instance and concluded that it merited further consideration. The NCP therefore offered its good offices to facilitate a discussion between the parties to seek a mutually agreed upon resolution. The NCP offers the services of objective and neutral mediators employed by the U.S. Federal Mediation and Conciliation Service (FMCS), however Nissan was not willing to participate.

Given the non-willingness by the company, the NCP concluded the specific instance and made a number of recommendations:

Conduct Corporate-Wide Labour Review: The NCP recommends that Nissan North America, Inc., in co-operation and with guidance from Nissan corporate headquarters in Japan, conduct corporate-wide labour rights review processes, consistent with the recommendation of the Guidelines, in particular the chapters cited in this specific instance.

Mediation: The NCP recommends that Nissan evaluate the allegations raised by the trade unions and consider how to address them, including the opportunity to engage informally or formally with the trade unions. The NCP recommends Nissan consider mediating, either through its own internal processes or through third-party mechanisms, the issues raised by UAW/IndustriALL to seek a resolution to the issues raised.

Going Forward: The NCP notes that this specific instance has been shared with other foreign NCPs who have been consulted throughout this process and that these NCPs remain available to offer assistance to the parties. The NCP remains available to assist the parties in facilitating dialogue in the future on these matters, if the parties later agree to pursue mediation or another form of alternative dispute resolution.

More fully detailed information is available in the NCP final statement issued upon conclusion of the specific instance.