Concluding report on alleged freedom of association violation at a textiles factory in Guatemala

Fair Labor Association

English

DigitalCommons@ILR

Cornell University ILR School 
DigitalCommons@ILR 
Freedom of Association 
February 2007 
Summary Report: Third Party Complaint Regarding Cimatextiles, 
Guatemala 
Fair Labor Association 
Follow this and additional works at: https://digitalcommons.ilr.cornell.edu/freedom 
Thank you for downloading an article from DigitalCommons@ILR. 
Support this valuable resource today! 
This Article is brought to you for free and open access by DigitalCommons@ILR. It has been accepted for inclusion 
in Freedom of Association by an authorized administrator of DigitalCommons@ILR. For more information, please 
contact catherwood-dig@cornell.edu. 
If you have a disability and are having trouble accessing information on this website or need materials in an 
alternate format, contact web-accessibility@cornell.edu for assistance. 
Summary Report: Third Party Complaint Regarding Cimatextiles, Guatemala 
Abstract 
Concluding report on alleged freedom of association violation at a textiles factory in Guatemala. 
Keywords 
Association, Business, Catherwood, Cimatextiles, Complaint, Conditions, Corporation, Cornell, Economic, 
Factory, Fair, FLA, Free, Freedom, Global, Globalisation, Globalization, Guatemala, Human, ILR, Industrial, 
International, Labor, Labour, Legislation, Library, Liz Claiborne, Organisation, Organization, Relations, 
Rights, School, Trade, University, Work, Workers, Workplace 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/freedom/15 
 
 
 
 
 
 
February 5, 2007 
 
Summary Report  
Third Party Complaint Regarding Cimatextiles, Guatemala 
 
Complaint 
 
On January 30, 2006, Sitracima and Sitrachoi, two unions representing workers at Cimatextiles 
and Choi Shin, respectively, filed a Third Party Complaint with the Fair Labor Association 
regarding Cimatextiles, a factory located in Villa Nueva, Guatemala.  The complaint is the third 
to be filed by Sitracima and Sitrachoi regarding working conditions in Cimatextiles and/or Choi 
Shin; both suppliers have the same owner and operate under the same but partitioned building. 
The complainants alleged that a female physician working at the clinic at Cimatextiles was fired 
because she would not follow the factory management's instructions to deny issuing written 
authorizations for workers to visit the offices of the IGSS (Social Security Institute), which is 
required for workers to receive medical assistance, and not provide medicines on-site. 
 
On February 24, 2006, the FLA initiated the Third Party Complaint at Step 1, and notified the 
complainant. Pursuant to Step 1, the FLA consulted with the complainant to arrive at a 
preliminary assessment of whether the FLA should move forward with the complaint..  
 
After initial discussions with Sitracima and Sitrachoi representatives, the FLA initiated the Third 
Party Complaint at Step 2, adding an additional allegation concerning Freedom of Association, 
and notified the complainant and the FLA-affiliated company mentioned in the complaint (Liz 
Claiborne) about its action.  Pursuant to Step 2, the FLA company had up to 45-days to conduct 
an assessment and report back to the Executive Director in writing as to whether noncompliance 
with the FLA Workplace Code of Conduct occurred and if so, whether and how it had been 
remedied.   
 
Assessment by Company 
 
During the 45-day period that began on May 17, 2006, Liz Claiborne reviewed files and 
interviewed management and union officers surrounding the termination of the physician and the 
allegation of freedom of association violation. On the latter issue, the Liz Claiborne 
representative consulted with the union leadership to understand the basis of the allegation and to 
inquire about the process of collective bargaining that the union and management were 
undertaking.  
 
Liz Claiborne reported to the FLA that the physician was terminated for a number of 
performance reasons. Since the complaint was lodged, a new physician was hired and, currently, 
Fair Labor Association  •  1505 22nd St. NW  •  Washington, DC  20037 
+1.202.898.1000 (tel)  +1.202.898.9050 (fax) 
 
 2
there are two physicians working at the factory clinic. Liz Claiborne consulted Sitracima and 
Sitrachoi regarding the new physicians and conditions at the clinic and both unions stated that 
matters were satisfactory..  
 
 
Assessment by FLA and Recommendation 
 
The FLA contacted the terminated physician to assess her view of the situation surrounding her 
dismissal.  The physician stated that no clear reasons were provided by the company for her 
dismissal and Cimatextiles was unable to provide adequate documentation of the 
underperformance allegations that led to her termination. In October 2006, the company and the 
terminated physician settled all issues related to her dismissal.  
 
The FLA would like to recommend that Liz Claiborne work with Cimatextiles to develop a 
comprehensive human resource management policy that also extends to those with professional 
services contracts, as well as develop more transparent and nondiscriminatory hiring and 
dismissal procedures. 
 
Conclusion 
 
The FLA concluded this case at Step 2 of its third party complaint process on January 22, 2007 
and so informed the complainant and FLA company. 
 
Fair Labor Association  •  1505 22nd St. NW  •  Washington, DC  20037 
+1.202.898.1000 (tel)  +1.202.898.9050 (fax) 


Summary Report: Third Party Complaint Regarding Cimatextiles, Guatemala

Concluding report on alleged freedom of association violation at a textiles factory in Guatemala.Cimatextiles.pdf: 86 downloads, before Oct. 1, 2020

eCommons (Cornell Univ.)

https://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1014&amp;context=freedom

Summary Report: Third Party Complaint Regarding Cimatextiles, Guatemala

Abstract

Similar works

Full text

Available Versions

DigitalCommons@ILR

eCommons (Cornell Univ.)