Case story

  • Dominican Republic

Fair Labor Association - TOS Dominicana Factory in the Dominican Republic

Dominican Republic 2008

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Case Status

Alleged noncompliance with the FLA Workplace Code of Conduct, especially freedom of association and collective bargaining.

Story

On June 14, 2008, FLA received a Third Party Complaint from the Union of Workers of TOS Dominicana (Sindicato de Trabajadores TOS Dominicana) regarding TOS Dominicana, a factory owned and operated by Hanesbrands, Inc. Having determined that the complaint was deemed receivable, the FLA instituted a Third Party Complaint (at Step 2), informed the complainants and Hanesbrands, and commenced consultations with the stakeholders.

Additional Info:

Hanesbrands became an FLA Participating Company in February 2008. At that time, the FLA was already aware of a long-standing dispute between workers (seeking to organize a union at TOS Dominicana) and the company. The Worker Rights Consortium (WRC) had published a report on the situation with findings and recommendations(1), in response to which Hanesbrands issued its own report in December 2007(2). By February 2008, the union had been established (under Dominican law) and begun collective bargaining discussions with the company.

At the request of the AFL-CIO Solidarity Center and of the Secretary General of the Dominican Federation of Workers of Free Trade Zones (Federación Dominicana de Trabajadores de Zonas Francas y Afines, FEDOTRAZONAS), the FLA met with TOS Dominicana union leaders and a WRC official on March 13, 2008. The FLA thereafter communicated to Hanesbrands the concerns expressed by the union and presented suggestions for collective bargaining negotiations. Hanesbrands and the union at TOS Dominicana (joined by the Secretary General of FEDOTRAZONAS and legal counsel) held five formal negotiating sessions beginning in early April.

Web Resources: (1) The WRC report (2007) (2) Hanesbrands' report (2007); in March 2008, the WRC published a rebuttal.

Outcome

A collective bargaining agreement was signed on August 12, 2008. The three-year agreement includes a wage increase (effective September 2008) and addresses most of the issues raised by the complainants. The parties confirmed that the agreement was reached after good faith negotiations. As a result, the FLA formally closed the Third Party Complaint at Step 2 of its Third Party Complaint Procedure.

References

FLA case story page: http://www.fairlabor.org/report/tos-dominicana-factory-dominican-republic

Contributor(s): This article was modified by Kyle (5), Admin (4), and Nicolaclayre (4).