Category: France

Source: Communications Workers of America

A report by the OECD’s Italian National Contact Point for Responsible Business Conduct (NCP), has exposed global eyewear giant Luxottica for violating workers’ rights during union organizing efforts by the Communications Workers of America at the company’s Atlanta, Georgia logistics center in 2021. Despite publicly embracing its obligations under the OECD Guidelines for Multinational Enterprises, Luxottica failed to rectify these violations and undermined collaborative efforts to address them under the good offices of the NCP’s conciliation mechanism.

The report concludes a multi-year process initiated by a formal complaint from IUE-CWA, AFL-CIO, IndustriALL, and UNI labor unions regarding Luxottica’s egregious anti-union tactics and failure to uphold internationally recognized labor standards at its U.S. facilities.

In its Final Statement on the case, published in late December 2024, the Italian authority found that Luxottica rejected the NCP conciliator’s recommendations on fair union organizing by workers in the United States. The Final Statement confirmed the conciliator’s conclusion that the breakdown of the conciliation process was caused by Luxottica’s refusal to recognize the validity of the Guidelines, and the company’s insistence on U.S. law as the only relevant standard.

Key Findings from the Italian NCP’s Report

1. International labor standards, and not domestic law, govern any OECD Guidelines proceeding.

2. Luxottica failed to engage constructively in the conciliation process, in contrast to the union’s efforts.

3. As per the conciliator’s instructions, Luxottica should have remained neutral regarding union organizing efforts by its workers.

IUE-CWA President Carl Kennebrew issued the following statement on the Italian NCP’s findings in the case:

“Luxottica has deliberately violated OECD Guidelines for Responsible Business by interfering with its employees’ freedom of association and collective bargaining rights. Although Luxottica publicly claims adherence to these guidelines, its actions tell a different story, as the company undermined workers’ attempts to organize at its Atlanta facility.”

“Luxottica global management has made a fundamental mistake by following the advice of its anti-union American lawyers instead of the conciliator’s recommendations. Luxottica’s failure to live up to its obligations under the OECD Guidelines creates reputational and financial risk for the company and its investors as it seeks to expand its global footprint in North America and other regions.”

“There is still time for Luxottica to rectify its refusal to adopt the Italian conciliator’s recommendations. We urge Luxottica to return to the table with IUE-CWA for agreement on management neutrality and other fair rules for organizing. Many firms have adopted such neutrality agreements with their union, most recently Microsoft and General Electric. Many other companies have reached global framework agreements with unions promising to respect workers’ organizing and bargaining rights worldwide.”

“If trade unions are unable to reach an agreement with Luxottica on fair rules for union organizing, we will explore other avenues to persuade Luxottica to halt its violations of international standards on workers’ freedom of association in the United States. These include increased engagement with socially responsible investors, and the enforcement of U.S. and European due diligence laws on human rights in Luxottica’s supply chain. But the solution is really simple: Luxottica can apply the same standards of good faith and respect for trade unions that it maintains in Italy to its operations in the United States.”

IndustriALL General Secretary Atle Høie issued the following statement on the Italian NCP’s findings:

“This case exposes what the OECD considers actions taken by Luxottica in violation with the OECD guidelines on multinational companies. The conclusions clearly denounce anti union behavior put in place by companies during organizing. Such union busting tactics are not uncommon in the US, but have now been unequivocally condemned by the OECD contact point in Italy. We demand that Luxottica follow the recommendations, take a neutral stance in future organizing activities and invite CWA back to the table.”

UNI Global Union General Secretary Christy Hoffman issued the following statement on the Italian NCP’s findings in the case:

“It is shameful that companies operating in the US routinely believe that they can violate international standards with impunity. The NCP in this case did not back down from calling this out as a violation of the Guidelines. The NCP also took a clear decision that the Italian management was responsible for anti-union actions of its US subsidiary, another good precedent. The company should reverse course, follow the rules on which we all depend, and go back to the table with CWA. An end to this kind of union-busting is long overdue.”

Background and Details

The report comes at the end of a six-month conciliation process held from September 2023 to March 2024 under the aegis of the National Contact Point (NCP), which is an authority constituted by the Italian Government’s Ministry of Businesses, following the NCP’s review of the unions’ complaint that Luxottica created a “climate of fear” which destroyed an organizing effort by American workers at Luxottica’s North American logistics hub in McDonough (Atlanta), Georgia in 2021.

Italy-based Luxottica (EssilorLuxottica following its 2017 merger with global French-based lens producer Essilor) is a major employer in the United States, which is its largest single market, with operations in eyewear retail, vision insurance, ophthalmic labs, and lens and frame manufacturing.

The IUE-CWA, joined by the AFL-CIO and global unions IndustriALL and UNI, complained that management’s aggressive anti-union tactics violated workers’ organizing rights under the OECD Guidelines.

Luxottica blatantly disregarded these labor principles in 2021 despite its obligations under the OECD Guidelines for Multinational Enterprises on Responsible Business Conduct which call on multinational companies to respect core labor standards, including the right to freedom of association and collective bargaining.

Instead, as workers at its Atlanta logistics center sought to unionize for better health protections and fair wages during the COVID-19 crisis, Luxottica launched an aggressive anti-union campaign.

American management at the Georgia center forced employees into “captive-audience” meetings in which managers and anti-union consultants vilified trade unions as swindlers who only want workers’ dues payments, and told employees they could lose pay and benefits if they support the union. Management repeated the same insults and threats in an anti-union website and in text messages, workplace posters, and TV screens throughout the plant. Luxottica interfered with organizers’ access to the workers. The climate of fear and intimidation became so severe that IUE-CWA ultimately withdrew its organizing effort.

Such actions would be unthinkable in Italy, where unions have long enjoyed collective bargaining relationships with Luxottica management based on good faith and mutual respect. Italian unions joined the call for Luxottica to apply these same principles when workers in its American facilities exercise rights to freedom of association.

CWA Union representatives were optimistic about reaching an agreement with Luxottica in the NCP conciliation process when it began with a meeting in Rome in September 2023 under guidance of conciliator Enzo Cannizzaro, a prominent Italian international law professor at the University of Rome and at Columbia Law School. The unions hoped to reach an agreement with Luxottica based on the conciliator’s recommendations, which included measures for management neutrality, union representatives’ access to facilities to meet with workers, and other measures adhering to international labor rights standards under the OECD Guidelines.

The union accepted the conciliator’s recommendations. But, advised by its American anti-union lawyers, Luxottica management refused even to respond to the conciliator’s recommendations. The conciliator closed the proceeding in April 2024 without a resolution to the dispute.

The Unions contend that Luxottica failed to engage in good faith during the OECD’s six-month conciliation process. Rather than seeking a resolution, the company obstructed the process and ignored opportunities provided to rectify its transgressions.

In its Final Report, the Italian NCP makes clear why the process failed.The NCP also reiterated the Conciliator’s recommendation as to how the Company should honor the principle of non-interference moving forward:

“The owners and the management of a Company … should refrain from expressing their opinion on matters of unionisation, under the principle on non-interference, in order to contribute to a fair and equitable framework for industrial relations, as also pursued by the OECD Guidelines.”

The NCP concluded its Final Report with

“regrets that it has not been possible to resolve the issues raised by applying the Guidelines,” stressing that “settling the case on the basis of the Guidelines’ provisions, rather than by applying the national law, alone, would have ensured a balanced, constructive and long-lasting solution. Indeed, the Guidelines themselves refer to principles and standards of international law.”

Final Considerations and Next Steps

The Italian NCP’s findings put Luxottica at a crossroads. IUE-CWA, AFL-CIO, IndustriALL and UNI union confederations demand that Luxottica adopt a fair framework that guarantees neutrality and non-interference in future organizing efforts across the U.S. By doing so, Luxottica can begin to repair the damage caused by its anti-union practices and demonstrate its commitment to the workers who drive its business forward.

As pressure mounts, IUE-CWA remains resolute in its fight for fair labor standards and urges Luxottica to make a decisive shift toward responsible business conduct worldwide. The union will continue to monitor the situation closely and advocate for vision workers’ rights at every turn.

For more information on the NCP Final Statement and its implications for Luxottica’s labor practices, contact CWA Communications at +1 (202) 434-1168 and comms@cwa-union.org

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About National Contact Points for RBC

“National Contact Points for Responsible Business Conduct (NCPs for RBC) are agencies established by governments. Their mandate is twofold: to promote the OECD Guidelines for Multinational Enterprises, and related due diligence guidance, and to handle cases (referred to as “specific instances”) as a non-judicial grievance mechanism. To date, 51 governments have an NCP for RBC. Also see: https://mneguidelines.oecd.org/ncps/

All 51 governments adhering to the OECD Guidelines have the legal obligation to set up an NCP. Today, NCPs make up a network and a community of practitioners, dealing with a wide array of impacts involving companies either through their operations or their supply chains. In 2020, NCPs celebrated 20 years as non-judicial grievance mechanisms. Find out more about NCPs | Browse resources on NCPs”

The Organisation for Economic Co-operation and Development (OECD) is an intergovernmental organization with 38 member countries from Europe, North America, South America and Asia-Pacific, founded in 1961 to stimulate economic progress and world trade. It originates from the organization set up to manage US Marshall Aid to post-WW2 Europe. The United States is one of its founding members. It is headquartered in Paris.

About CWA

The Communications Workers of America (CWA) represents working people in telecommunications, customer service, media, airlines, health care, public service and education, manufacturing, tech and other fields. IUE-CWA is the Industrial Division of the CWA, it represents manufacturing and industrial workers in a wide range of industries including automotive, aerospace, furniture, and appliances, and vision.

About AFL-CIO

Headquartered in Washington DC, USA, the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) is the democratic, voluntary federation of 60 national and international labor unions that represent more than 12.5 million working people in the United States, Canada and Puerto Rico.

About IndustriALL Global Union

IndustriALL Global Union is a global union federation, founded in Copenhagen on 19 June 2012. IndustriALL represents more than 50 million working people in more than 140 countries, working across the supply chains in mining, energy and manufacturing sectors at the global level. The Global headquarters is in Geneva, Switzerland.

About UNI Global Union

UNI Global Union, formally Union Network International, is a Global Union Federation for the skills and services sectors, uniting national and regional trade unions. It has affiliated unions in 150 countries representing 20 million workers. The Global headquarters is in Nyon, Switzerland.

About EssilorLuxottica

EssilorLuxottica was created through the 2017 merger between French multinational corporation Essilor and Italian multinational corporation Luxottica, with Essilor headquartered in France and Luxottica in Italy. EssilorLuxottica is a global leader in the design, manufacture and distribution of ophthalmic lenses, frames and sunglasses. With over 200,000 employees across 150 countries, 650 operations facilities and 18,000 stores, in 2023 the Company generated consolidated revenue of Euro 25.4 billion. EssilorLuxottica is home to advanced lens technologies including Varilux, Stellest and Transitions, eyewear brands including Ray-Ban and Oakley, luxury licensed brands and world-class retailers including LensCrafters and Sunglass Hut. EssilorLuxottica shares are traded on the Euronext Paris market and are included in the Euro Stoxx 50 and CAC 40 indices. Codes and symbols: ISIN: FR0000121667; Reuters: ESLX.PA; Bloomberg: EL:FP. www.essilorluxottica.com.

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