Itaú Unibanco V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região and CUT-Brazil

Overview

NCP Decision Accepted
Current Status Ongoing
Date Submitted 22/09/2009
Case Duration 273 weeks and 5 days so far
Host Country Brazil  (Adhering Country)
Sector Financial Services 
Issue(s) Suppressing a strike
Provisions Cited IV.7  IV.8   
Related Cases Itaú Unibanco V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região and CUT-Brazil
Related Cases
Itaú Unibanco V Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região and CUT-Brazil

Case Description In September 2009, the Bank Workers Union of Sao Paulo (Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região) and the Central Union of Workers of Brazil (CUT-Brazil) submitted a case to the Brazilian NCP concerning activities undertaken to suppress a stirke by the Brazilian multinational bank, Itaú Unibanco. The company's action involved the employers' union Feneban.

The unions report that the company sent an email to managers containing guidance on how to ensure that workers continued to work through a strike. The same day, the bank held a meeting with the command of the military police in Sao Paulo in order to plan for the strike.

Developments On 22 June 2010 the Brazilian NCP informed CUT-Brazil that it had accepted the case.

Organisations

Lead NCP Brazil NCP : Interministerial Body 

Companies

Multinational Company Itaú Unibanco (Home country: Brazil)

Complainants

Lead Complainant CUT Brazil - Central Única dos Trabalhadores : National Centre 
Lead Complainant Sindicato dos Bancários a Financiários de São Paulo, Osasco e Região
Employer's Union FENEBAN : Employer's Union ('Yellow' Union) 

TUAC Analysis

Did the NCP publish its initial assessment? status-icon
Did the case involve parallel proceedings? status-icon
Was the existence of parallel proceedings an obstacle to the NCP accepting the case? status-icon
Was the businsess relationship other than that of a subsidiary? status-icon
Was the nature of the business relationship an obstacle to the NCP accepting the case? status-icon
Did the NCP inform other relevant government departments about its acceptance of this case? status-icon
Did the NCP offer mediation or conciliation? status-icon
Did the company accept the offer of mediation or conciliation? status-icon
Did the complainant(s) accept the offer of mediation or conciliation? status-icon
Was mediation or conciliation held? status-icon
Was mediation or conciliation conducted by a professional mediator? status-icon
Did the parties reach agreement? status-icon
If yes, did the NCP publish this agreement following the consent of the parties? status-icon
If mediation was refused or failed did the NCP make an assessment of whether the company had breached the Guidelines? status-icon
Did the NCP conduct in-host country fact finding? status-icon
Did the NCP make recommendations to the company on the future implementation of the Guidelines? status-icon
Did the NCP publish its final statement or report? status-icon
Did the NCP provide for follow-up of the agreement/recommendations? status-icon
Did the NCP inform other relevant government departments about its final statement or report? status-icon
Did the NCP inform public pension funds about its final statement or report? status-icon
Did the NCP apply any consequences in this case? status-icon
Did the NCP follow the indicative timescales set out in the procedural guidance? status-icon
Was there a positive outcome for the workers involved in this case? status-icon
Did the filing of the case under the Guidelines have a positive impact for the workers involved? status-icon
Did the lead NCP play a positive role? status-icon
If different, did the home NCP play a positive role? status-icon

Related Documents

Brazil NCP  [Publication date: 22/9/2009] 'RELATÓRIO DE ACEITAÇÃO DE RECLAMAÇÃO Caso Banco Itaú/Unibanco'
   http://www.fazenda.gov.br/sain/pcnmulti/documentos/relatorios/RAR_01_2010.pdf [Date URL accessed: 22/6/2010]