News

A Columbian court has ruled against American paper giant Kimberly Clark in a landmark court battle with union workers.







A group of workers from the SINTRAPULCAR union had sought protective actions against the company claiming discrimination on the grounds of their union membership. Kimberly Clark had previously removed benefits given to unionised workers in a bid to discourage union membership.



The workers had individually submitted actions seeking to protect their rights of equality and union membership. Kimberly Clark had refused to negotiate with SINTRAPULCAR on a list of demands presented by the union, resulting in no agreement governing the working conditions of unionised workers.



The Court of Mixed Jurisdiction of Tocancipá declared that William Humberto Coy Rojas, Fabio Manuel Rodríguez Chaparro, Jorge William Velandia Mahecha and José Fimy Abdul Serna were correct, and ordered the reinstatement of all the rights included in the collective agreement.



The Judge concluded that the company’s attitude violates the equality that must exist between unionised and non-unionised workers, and also stated that management at Kimberly Clark had sought to dissuade workers from joining the union, thereby violating the right of freedom of association.



The judge stated in his ruling: "Although the law indicates that the benefits of the collective agreement apply to non-unionised workers, it violates the right of freedom of association if there are existing differences in working conditions that encourage the desertion of union members, freedom of association in these trade unions have special constitutional and legal protection”.



This was a major victory for the union in the struggle against the company's abuses of union rights, intended to discourage workers’ affiliation to SINTRAPULCAR. UNI will monitor Kimberly Clark closely in the implementation of this ruling, which should restore the violated rights of unionised workers.



"Kimberly Clark has to honour the social dialogue agreement signed with UNI and the Code of Conduct of the company, which expresses respect for the right to unionise and collective bargaining," said Adriana Rosenzvaig, Regional Secretary UNI Americas.