IKEA's Race to the Bottom in Turkey
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1 IKEA’s Race to the Bottom in Turkey - A Report on IKEA's Operations in Turkey - Professor JOHN LOGAN Director of Labor and Employment Studies College of Business San Francisco State University Research Director Labor Center University of California-Berkeley
2 Executive Summary For the past two years, IKEA Turkey has run a campaign of intimidation, interference and coercion in response to employees’ efforts to choose a union at stores in Istanbul, Bursa, Izmir and Ankara. This campaign has involved management personnel at all levels, from the CEO of IKEA Turkey to individual store managers, team leaders and supervisors. Anti-union tactics used by IKEA management include the following: • Unlawful terminations of union activists, including the use of performance evaluations to drive activists out. • Pressures and bribes to entice union activists to resign from their positions. • Retaliation against union members in the form of poor evaluations, denial of pay raises and transfers to less desirable positions and departments • Compulsory “captive audience” anti-union meetings conducted by store managers, human resource managers, or even by the CEO of IKEA Turkey. • One-on-one meetings between store managers, HR managers or a labor relations consultant working for IKEA and individual union members. • Exclusion of any pro-union voices from the workplace • Anti-union comments discouraging employees from joining the union or persuading existing union members to resign their membership. • Indoctrination of new employees against the union The campaign is almost certainly unlawful under Turkish labor law and its constitution. On every one the major union-related protections provided by Turkish law – protections against discriminatory dismissal, protection against discriminatory treatment, protection against unlawful coercion to resign from the union or unlawful intimidation not to join the union – IKEA management appears to have behaved unlawfully. Management’s aggressive anti-unionism
3 in Turkey also violates IKEA’s Code of Business Conduct, which states that it respects workers’ right to form “organizations of their own choosing.” In addition to violations of Turkish law and “IKEA values,” the anti-union tactics violate leading international human rights standards on freedom of association, including the United Nations Global Compact (UNGC), the core conventions of the International Labor Organization (ILO), and the Organization of Economic Cooperation and Development’s (OECD) Guidelines for Multinational Enterprises. These serious violations of workers’ fundamental rights cast serious doubt on IKEA’s voluntary commitments to international labor standards.
4 Contents Page 5 Introduction 9 Part One: Deterioration in Working Environment at IKEA Turkey: Work Intensification, Low Wages and Poor Health and Safety Conditions 11 Part Two: Driving Union Activists out of the Workplace 13 Part Three: Pressure to Resign from the Union 16 Part Four: Anti-Union Retaliation is Endemic at IKEA 19 Part Five: Captive meetings and Coercive Speech at IKEA 22 Part Six: Stifling Pro-Union Voices 23 Part Seven: Anti-Union Indoctrination Among IKEA’s Newest Employees 25 Part Eight: IKEA Values or Mapa Values? 26 Part Nine: IKEA’s Labor Record in Other Countries: A Tale of Two Systems 27 Part Ten: Turkish Law, “IKEA Values,” and International Standards 32 Conclusion: A Better Everyday Work Life for IKEA Employees
5 IKEA’s Race to the Bottom in Turkey Introduction Now a $20 billion per year company, IKEA is the world’s largest furniture retailer, and one of the world’s most recognizable retail brands. Worldwide, IKEA now operates in approximately 40 countries and has almost 100,000 employees. While the vast majority of these employees are based in Western Europe, the company has a growing presence in Eastern Europe, Australia, North America and Asia, especially in China and India. In recent years, IKEA has expanded significantly its operations in Turkey. It opened its first Turkish store in the country’s largest city, Istanbul, in 2005, and has opened four additional big box stores since then. IKEA Turkey currently operates five stores in Turkey, all of which are operated by the legally independent franchisee, Mapa Mobilya: two in Istanbul – one on the European side of the city (Bayrampasa) and one on the Asian side (Umraniye) -- and one each in Ankara, Izmir and Bursa. The company opened its newest store in Ankara in 2011. IKEA Turkey has almost 2000 employees between the five stores, and has plans to open 3 additional stores in Turkey over the next six years, adding hundreds more employees. In addition to having one of the best-known brand images in the world, IKEA, a self-proclaimed “socially responsible” corporation, claims its corporate culture embraces togetherness, respect, and humility. But in Turkey, it appears that that respect does not extend to respect for international labor and human rights standards on freedom of associaiton. For the past two years, IKEA’s Turkish employees have been attempting to form a union in order to improve working conditions, gain an independent voice, and win respect on the job. In response, they have encountered an aggressive and at times unlawful anti- union campaign. Labor rights violations at IKEA Turkey include the termination of workers who are union activists, intense pressure on workers to resign from
6 the union, widespread retaliation against union members, “captive meetings” where workers hear about management’s anti-union position while pro-union voices are prohibited, and the indoctrination of new employees with anti-union propaganda. In addition to potentially violating Turkish law and its constitution, these violations of workers’ fundamental rights cast serious doubt on IKEA’s voluntary commitments to international labor standards. Varieties of Anti-Unionism at IKEA Turkey Since the start of a union organizing campaign among its employees, IKEA management in Turkey has repeatedly engaged in aggressive anti-union tactics that are designed to prevent workers from forming a union of their own choosing. Many of these tactics are now, regrettably, standard features of anti- union campaigns in the private sector in Turkey. According to academic studies, the overwhelming majority of Turkish companies engage in such practices when faced with a union organizing campaign. And they do so with good reason – these practices pay great dividends and any punishment employers might face for violating the law is considered a small price for 1 preventing a union organizing campaign. One recent academic study concludes that these employer anti-union tactics are the main obstacle to employees forming unions in Turkey. During the past decade, private-sector employers have “enhanced their union-busting techniques. The principal reason behind the weakening of trade unions is the diverse anti-union strategies deployed by Turkish employers.” 2 IKEA management has often adopted anti-union tactics in a way that enables the company to deny direct responsibility for potentially unlawful actions – for example, by paying union activists to resign rather than sacking them and by using an outside consultant, rather than IKEA managers, to interrogate workers about their union membership. 1 Erdinc Iskur, Iskur Law Office, “A Brief on the Obstacles to Unionization in Turkey” (2012). 2 Aziz Celik, “Trade Unions and Deunionzation During Ten Years of AKP Rule.”
7 The following description of anti-union tactics at IKEA Turkey is based on extensive interviews with multiple workers at all five stores. The interviews were conducted between December 17-December 22, 2012 in Ankara, Izmir, Bursa, and Istanbul. Workers interviewed included union members and non- union workers. Some of the workers interviewed were long-time members and activists, while others were new members who were not active in the union. All of the interviewees were current employees, and ranged from those with several years of service to those who had been hired earlier last year. Employees at more than one IKEA store discussed each of the tactics documented below; many times, almost every employee interviewed had first- hand experience of the tactics or knew other workers who had experienced these tactics. Whenever possible, other forms of evidence – sworn statements to union officials, lists of workers wrongfully terminated and the status of their court cases, lists of union and non-union workers who have resigned from the union, as well as those who resigned and subsequently rejoined the union – were used to verify workers’ accounts of events. In many cases, the accounts are based on workers’ conservations with management; no written record of the exchange exists but these accounts were compared with the interviews of other workers in the same stores and with workers in other stores. In all cases, the workers’ accounts of anti-union behavior were consistent with other forms of evidence, and consistent with the stories of other workers. Thus, it seems clear that the anti-union tactics are not simply isolated incidents at a single store. Rather, they constitute part of a coordinated pattern of behavior – involving management personnel at all levels -- at IKEA Turkey in response to workers’ efforts to form a union. At IKEA Turkey, management anti-union tactics have included the following: • Alleged unlawful terminations of union activists, including the misuse of performance evaluations to drive activists out.
8 • Pressures and bribes to entice union activists to resign from their positions. • Persistent and aggressive management pressure on employees to resign from the union, and bribes offered to employees to resign from the union. • Management retaliation against union members in the form of poor evaluations, denial of pay raises and transfers to less desirable positions and departments • Compulsory “captive audience” anti-union meetings conducted by store managers, human resource managers, or even by the CEO of IKEA Turkey. • One-on-one meetings between store managers, HR managers or a labor relations consultant working for IKEA and individual union members. • The exclusion of any pro-union voices from the workplace • Indoctrination of new employees against the union IKEA management appears to have behaved unlawfully on each of the major union-related protections provided by Turkish law – protections against discriminatory dismissal, protection against discriminatory treatment, protection against unlawful coercion to resign from the union or unlawful intimidation not to join the union. Management has also violated multiple international standards on freedom of association.3 3 In addition to the protections offered by national laws and its Constitution, Turkey has signed and ratified the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, and ILO core Conventions 87 and 98. Nurhan Sural, “Anti-Discrimination Rule and Policies in Turkey,” Comparative Labor Law and Policy Journal, 13: 01 (2009), p. 269; Kadriye Bakirei, “Unfair Dismissal in Turkish Employment Law,” Employee Responsibilities and Rights Journal, 16:2 (June 2004).
9 Part One: Deterioration in Working Environment at IKEA Turkey: Work Intensification, Low Wages and Poor Health and Safety Conditions 1. Work Intensification IKEA management has accused Koop-Is of spreading “invalid statements about our working environment.” However, many employees share the union’s views on the deterioration of the working environment at IKEA. One of the most common complaints, mentioned by workers at all five stores, concerns the intensification of work: as workers have quit, management has not hired sufficient numbers of new workers and thus the workload of the existing employees has increased significantly. Management has replaced full-time employees with part-time employees, even though many of the new hires would like to work full-time. Some workers reported that the number of full-time employees in their department has declined by as much as half during the two past years, and all have experienced an increase in the number of part-time employees at their stores. 2. Warehouse Work: Conditions are “Absolutely Terrible” Understaffing and work intensification – which employees believe has harmed the quality of customer service at IKEA Turkey -- has been especially serious a problem for employees in the warehouse department, which can be hazardous work involving heavy lifting. Warehouse employees at Bursa and Istanbul described their working conditions as “absolutely terrible.” Several workers reported that the weight of the boxes they are expected to lift has increased substantially – from 18kg to as much as 30kg -- and that several workers had suffered slipped discs or other back problems as a result of carrying heavy weights. One Istanbul worker stated that his doctor had warned him against carrying such heavy weights, but when he explained this to his
10 supervisor, he was told: “Many people on the outside would gladly take your job. If you don’t want to do the work, you should resign.” Other workers told similar stories. Warehouse workers are often asked to lift boxes by themselves that should be lifted by two workers, and complain about insufficient on-the-job health and safety training. Rather than hire new workers to replace those who leave, management has increased the lengths of workers’ shifts or decreases the time between their shifts. As a result, warehouse workers often complete 10 or 11-hour nightshifts with short breaks between shifts -- sometimes less than 8 hours -- and complain that they are often denied overtime and holiday pay they are entitled to under law. Workers also complained about working without heating in the winter -- when temperatures often fall below freezing -- and of having to work extended hours without a break to cover for co-workers who are absent, often in violation of Turkish law. As a result of long hours and harsh conditions, many workers have quit and turnover is extremely high in the warehouse department. 3. Low Wages and Health and Safety Problems Workers complain that their wages are low and had failed to keep pace with inflation, or even with increases in the legal minimum wage. Several years ago, long-term workers state, average wages at IKEA were significantly higher than the national minimum wage, but now are only slightly higher than the minimum wage and well below a “living wage.” 4 Workers at several stores reported that they had not been paid their winter heating allowance in a timely manner and had been paid less than management had promised. Some workers reported problems receiving legally mandated overtime and holiday pay, and stated that only union members had experienced these problems. Workers reported a variety of serious health a safety concerns: workers who 4 According to August 2012 research by the TURK-IS union confederation, the “poverty threshold” for a family of four is 3,048 Turkish Lira per month.
11 operated folk-lift trucks without a proper driver’s license or sufficient training, substandard safety equipment – such as protective footwear and gloves – and injuries during restaurant and laundry work, including serious burns and cuts. Many of the workers stated that this deterioration in working conditions was their principal motivation for joining the union. Workers realize they can do little to improve conditions individually -- they had raised workplace problems with management but had been threatened for doing so -- but could only do so by having a collective voice at work. Part Two: Driving Union Activists out of the Workplace 1. Discriminatory Dismissals on the basis of union membership Turkish law prohibits employers from dismissing workers on the basis of union membership or for involvement in union activities. However, the penalties in discriminatory dismissal cases are inadequate – often only a few months pay - - and offer little deterrent against illegal activity. As a result, Turkish employers fire union activists with virtual impunity, and unlawful terminations are commonplace during organizing campaigns. 5 One scholar states that the dismissal of union supporters “is a widespread practice” because the law fails to provide “effective protection… against layoffs related to union membership.”6 The campaign at IKEA Turkey is no exception. Management has allegedly fired ten workers for union membership and activities – seven in Istanbul (four at Umraniye and three at Bayrampasa) and three at Bursa. The labor courts have ruled in five cases (four at Umraniye and one at Bayrampasa) that the dismissals were unlawful, and have ordered the reinstatement of the employees. Under Turkish law, however, IKEA has the option of reinstating 5 The International Trade Union Confederation (ITUC) reports that Turkey has more cases of discriminatory dismissals than any other single country in Europe. 6 Aziz Celik, “Trade Unions and Deunionzation During Ten Years of AKP Rule.”
12 the workers or paying several months salary compensation, and when faced with reinstatement orders, the overwhelming majority of Turkish employers choose the latter option.7 Four of these five cases are currently pending before the High Court. The remaining five cases (two at Bayrampasa and three at Bursa) are still pending before the labor court, but union officials expect the same outcome – i.e., that the court will rule that the terminations were unlawful and order IKEA to reinstate the workers – in these cases. 2. Forcing or Bribing Activists to Quit their Jobs Rather than fire union activists, IKEA management has adopted several more subtle strategies to get rid of union activists. Management has offered substantial non-salary payments to union activists -- up to 5,000 Turkish Lira -- if they agree to quit their position at the store. This has enabled management to get rid of union activists without firing them and dealing with a reinstatement case in the labor courts. Workers report that management has threatened these activists with termination if they refuse to quit. Thus, union activists are faced with a stark choice: they can quit and receive compensation plus an additional cash payment, or get fired and risk getting nothing. Workers at all five stores stated that they knew union activists who had been offered or had received substantial cash payments to quit. At Izmir, one union member reported that an activist had been offered money to quit but threatened with termination if he refused. He resigned and used the money to start a café. Istanbul workers reported that Serkan Harmancioglu, VP of human resources, met with several activists to offer a generous financial payment activists if they quit their jobs. 7Kadriye Bakirei, “Unfair Dismissal in Turkish Employment Law,” Employee Responsibilities and Rights Journal, 16:2 (June 2004); Erdinc Iskur, Iskur Law Office, “A Brief on the Obstacles to Unionization in Turkey” (2012).
13 3. Performance Evaluations Used to Drive Out Union Activists If workers receive three consecutive poor performance evaluations – which are conducted every six months -- they can be sacked. Management has misused performance evaluations to threaten the jobs of union supporters. One Bursa worker reported that his store manager threatened to use evaluations to drive him out of IKEA. He stated: “I have the power to fire you. Your performance is everything. You should consider this carefully. I can write three negative evaluations, then fire you.” The worker also stated that at least one fellow union activist resigned his position after he received two negative evaluations and had been threatened with a third. Istanbul workers reported that several of their fellow union activists had quit their jobs after receiving bad evaluations that meant they were ineligible for promotion. The misuse of evaluations by management to drive out activists is a common anti-union tactic in Turkey. According to one senior labor official: “When they fire workers for union activities, Turkish employers always use the justification of ‘poor performance.’”8 Part Three: Pressure to Resign from the Union Another commonly used anti-union tactics in private sector Turkish organizing campaigns is for management to pressure employees, or to offer financial or other incentives, to resign from the union. Resigning one’s union membership in Turkey is both difficult and expensive -- it involves going to the notary and paying a significant fee. Under Turkish law, management is prohibited from pressuring or bribing workers to resign from the union.9 Anti-union pressure to resign also violates international standards on freedom of association. 8 Interview with Faruk Buyukkucak, TURK-IS, September 12, 2012. 9Article 31 of the Unions Act states no one may be compelled into withdrawing from union membership. Under Article 118/2 of the Criminal Code, the use of threat or force by employers to obstruct union activities is punishable by one to three years of imprisonment.
14 1. In Public: No Pressure; In Private: Intense Pressure In public, IKEA Turkey management accepts that the “Turkish Constitution, Fundamental Human Rights, International and National Labor Legislation and universal IKEA values” all prohibit pressuring workers to resign their union membership. It denies that it has put unlawful pressure on workers to resign from the union, and insists that any resignations are the result of the free choice of employees. According to the workers interviewed, in contrast, management has put enormous pressure on union members, telling them they will be denied promotions or pay increases while they are members of the union. Management personnel have offered financial and other incentives -- including more rapid promotions, transfers to more desirable positions or promises of jobs for friends and relatives -- in order to get workers to resign their membership of the union. They have also arranged or paid for workers’ transportation to the notary and provided cash for the notary fee. Workers at all five stores reported that either they or their coworkers had been offered non-salary cash payments of approximately 200 Turkish Lira in order to resign from the union. In some cases, management has gone to great lengths to get workers to resign from the union. Bursa workers report that management drove one union activist approximately 250 KM to a notary in Istanbul in order to get him to resign from the union that same day. 2. Rewards for Resignations IKEA management has not only put pressure on workers to resign, it has also promoted unqualified anti-union workers and even used “spies” in the workplace to inform on union members. Several union members stated that workers who are hostile to the union have been promoted to management positions, even though they were clearly unqualified for those jobs. Rather Nurhan Sural, “Anti-Discrimination Rule and Policies in Turkey,” Comparative Labor Law and Policy Journal, 13: 01 (2009).
15 than receiving promotions based on their performance, ability, and qualifications, workers have been promoted because of connections to management or their hostility to the union. Management has allegedly offered similar cash payments to non-union workers in return for information about union activity within the workplace. Union members in Bursa and Istanbul stated that anti-union workers had given their names to management in return for financial benefit. 3. The Consequences of Not Resigning As a result of this anti-union pressure, union members have been presented with a clear choice: they can resign and receive a non-salary financial payment, pay increase, transfer to a better position or other job-related benefit. Or they can remain in the union and suffer retaliation in the form of bad evaluations, worse assignments, and no pay increases. One Istanbul worker described being threatened with dismissal for refusing to resign. After meting with Serkan Harmancioglu, who tried unsuccessfully to get him to resign form the union, the worker’s store manager told him: “Now, you are a marked man. You do not have a future at IKEA. Management will dismiss you without compensation.” In an attempt to pressure him to resign, the store manager had made harassing phone calls to his family. IKEA management denies that it has contacted workers at home to put pressure on them, but several workers stated that this had happened to them or to their co-workers. 4. Some workers have resigned, but most have not. As a result of this unlawful pressure, at least 91 IKEA workers have resigned from Koop-Is, and one non-member has also “resigned” from the union. In some cases workers resigned from the union but failed to receive the promotions or cash incentives that management had promised them. Some subsequently rejoined the union, as did some union activists who had come
16 under intense pressure to resign their membership. At the Umraniye-Istanbul (Asian side) store, for example, 11 workers have resigned then subsequently rejoined the union. The “resignation” of at least one non-member in Istanbul also provides evidence of management coercion. Why else would a worker who was not a union member go through the difficult and expensive process of resigning from the union? Despite this intimidation and retaliation, most union workers have refused to resign their Koop-Is membership. Part Four: Anti-Union Retaliation is Endemic at IKEA Under Turkish law, employers cannot subject union and non-union workers to different forms of treatment. 10 Despite this clear legal prohibition, IKEA workers at all five stores have suffered discrimination because of their union membership. Union members have been given poor performance evaluations with no justification; they have had work-related requests denied, while similar requests have been granted to non-members; they have been transferred to the least desirable jobs in the stores and to jobs that limit their contact with non-union members; and they have been warned that they will not receive promotions or other forms of on-the-job advancement while they are members of the union. 1. Negative Performance Evaluations for Union Supporters One of the most widely used forms of retaliation at IKEA stores is to give negative job performance evaluations to union members. Poor performance evaluations are a cause for significant concern: they can be used to deny workers pay increases, “social benefits,” and promotions. Given that many IKEA workers in Turkey earn little more than the national minimum wage, with 10Under Article 31 of the Unions Act, employers are prohibited from discriminating against workers on the basis of union membership when workers are hired, during their employment tenure, and when they are terminated from employment. Nurhan Sural, “Anti-Discrimination Rule and Policies in Turkey,” Comparative Labor Law and Policy Journal, 13: 01 (2009), p. 269.
17 monthly wages averaging around 850-1000 Turkish Lira per month, the prospect of missing out on these financial incentives is a serious issue. And the threat of negative evaluations has had a powerful impact on how new workers view the union. Most workers reported that they had received their first-ever poor performance evaluation shortly after joining the union, but management provided no legitimate justification for the poor evaluation. Prior to joining the union, the employees had received high job performance evaluations and enjoyed good relationships with their managers. One Istanbul worker reported that, before joining Koop-Is, he had received consistently excellent evaluations and considered his manager a close friend and mentor. As soon as he joined the union, however, the store manager’s attitude towards him changed dramatically: he was cold and distant and the worker started to receive bad evaluations for no apparent reason – nothing had changed at work other than the fact that he had joined Koop-Is. Some workers accused managers of fabricating reasons to give them bad evaluations. Istanbul union members reported they had been given workloads that were impossible to complete in one shift. After they failed to finish their appointed tasks, management would give them written warnings for laziness or substandard work. Workers who oppose the union, in contrast, have received accelerated promotions. Workers at Istanbul and Bursa reported that anti-union employees received promotions to supervisory or management positions, even though they did not possess college degrees or other relevant qualifications. 2. Petty Infractions But Serious Consequences Union members have received written warnings from management for petty infraction of company rules, while non-union members are not disciplined in the same way. Workers at all five stores reported various forms of
18 discrimination against union members: being denied time off for weddings, births, holidays, or to care for relatives; being denied social payments to assist with the cost of weddings or births that are routinely given to non-union workers; being denied payments for overtime and national holidays. Istanbul workers reported that fellow union members had organized a collection to raise money for a fellow union worker whose wife had just given birth, after management had denied him any social payment. 3. Denial of promotions and pay increases to union members Several union workers reported that their store managers informed them that they would not receive promotions or pay increases while they are union members. One Ankara worker reported that his manager stated: “I know you are a union member. This is not good for you. I would consider you for a promotion to supervisor, but not while you are a member of the union.” Another worker at Izmir reported that while management has not talked directly to him about his union membership, his store manager told him that he “cannot get promotion to a management position because he belongs to a ‘bad organization.’” 4. Transfers to Less Desirable Positions or Work Schedules Managers at IKEA Turkey have transferred pro-union workers to undesirable jobs and departments, where the work routine is harder and where opportunities for advancement are scarce. One Ankara worker reported that shortly after joining the union, she was transferred to a laundry work area that involved both working around bleach fumes -- which she considered a serious health risk -- and working for long hours on her feet without a break. The worker told management that she had recently become pregnant and could not work in this area without potentially damaging her health, but her supervisor refused to transfer her elsewhere. He told her: “If you don’t want to
19 do the work, I will find someone else to do your job.” Several other union members workers report that they have been transferred to jobs involving more arduous and potentially unsafe working conditions, with fewer opportunities for advancement and less contact with non-union workers. In addition to violating Turkish law, this retaliation against union members also violates IKEA’s Code of Business Conduct. On the issue of discrimination, the code states: “IKEA Trademark users shall not discriminate against any co- worker based on…. union membership… or on any other basis in hiring and employment practices (e.g. applications for employment, promotions, rewards, access to training, job assignments, wages, benefits and termination).” In Turkey, IKEA management has retaliated against union members in promotions, rewards, job assignments and in other respects. Part Five: Captive meetings and Coercive Speech at IKEA Management has forced employees to attend both group and individual anti- union meetings. Workers have been left in no doubt of the company’s negative view of unions and its determination to operate union free. These “forced listening” sessions would be unlawful in most European countries, and violate several international labor standards. 1. IKEA Turkey opposes “Third Party Intervention” Store managers, human resource managers, and even the CEO of IKEA Turkey have conducted captive meetings. They have delivered the message that unionization would not only hinder the competitiveness of the company -- by damaging its brand reputation and undermining productivity and flexibility -- but also hurt workers’ individual careers. Izmir workers reported Fuat Atalay told employees at a captive meeting in August 2012 that they have a legal and constitutional right to join a union, but the company does not want “third party
20 intervention” at its stores. Labor practices at IKEA stores in Europe would not influence what happened at IKEA in Turkey. “IKEA can have a union all over the world,” Atalay stated, “but we are Mapa, not IKEA.” Next, the HR Director of IKEA Turkey, Ayla Akkaban, assured employees that their salaries and social payments would soon increase, but only the company, and not the union, could provide these financial improvements for employees. Istanbul workers report that their store manager stated at a captive meeting: “IKEA doesn’t have a union in Saudi Arabia, so we don’t need one in Turkey, either.” 2. “You Have the Right to Join a Union, But…. On several occasions, the CEO of IKEA Turkey, Fuat Atalay, has stated emphatically that the company is “neutral” when it comes to the issue of unionization among its employees. Atalay publicly stated in January 2013 that IKEA management has "not discouraged workers from forming a union.” 11 When speaking directly to the company’s employees, however, he has delivered an entirely different message – stating in no uncertain terms that unions are unwelcome at IKEA Turkey. Atalay has stated repeatedly at captive meetings that while, under Turkish labor law and its constitution, employees have a legal right to join the union, IKEA management does not wish to have “third-party intervention” at its stores, nor does it want anyone to put an “outside party between us and our employees.” The message to workers is always the same: “You have a constitutional right to join a union, but we do not want and do not need a union at IKEA Turkey.” Atalay has also accused the union of damaging the company, pressuring employees to join the union against their will, and engaging in “illegal and unacceptable” actions, according to workers at several stores. Workers reported that when Atalay addressed them, the entire workforce -- including 11“IKEA to Open 3 New Stores in Turkey,” HABERLER.COM, January 11, 2013. Available at http://en.haberler.com/ikea-to-open-3-new-stores-in-turkey-250914/
21 employees who were scheduled for a day off -- were required to attend. In Turkey, IKEA management is neutral on the question of workers joining the union only when employees do not actually try to exercise this right. If they do choose a union, in contrast, IKEA management is anything but neutral. It is fundamentally opposed to “third party intervention” and -- by means of captive meetings, threats, bribes, and retaliation -- it has made this opposition clear to its employees. 3. One-on-One Meetings, Interrogations and Surveillance Management has gone to great lengths to find out which employees are union members. It has conducted one-on-one anti-union meetings with employees, at which they are interrogated about their union membership and about the membership of their co-workers. Management has used Huseyin Durmaz – a consultant who formerly worked for the union, though apparently was working in collusion with the company even -- to interrogate workers. Although management has apparently denied that he works for the company, Durmaz has an office within one of IKEA’s Istanbul stores, and has interrogated employees at all five stores about their union membership. He has also propagated negative stories about Koop-Is and its officials, stating that it is a “yellow” union -- one that makes sweetheart deals with employers that are not in the interests of workers -- and that it senior officials are corrupt. Despite the company’s denials, workers were under the impression that Durmaz is a HR manager. Management has adopted other forms of worker surveillance. Istanbul workers stated that store managers had demanded to see their cell phones to check if they had received calls from the local Koop-Is organizer. If they had, management has used this as “proof” of their union membership. Intended to instill a sense of fear and insecurity, management interrogation and surveillance clearly violates international standards on freedom of association.
22 4. Coercive Speech, Not Free Speech Workers report that management is continuing to hold captive anti-union meetings. The message at these meetings is that joining the union is not only futile and unnecessary, but an act of disloyalty to management. When non- union employees receive this anti-union message from management personnel at all levels of the firm, when they receive it at group and individual “captive meetings,” and when the message is reinforced by widespread discrimination against union members, they understand its true significance. IKEA’s statements on unionization are not simply expressions of opinion, but are thinly veiled threats. These statements are not examples of management “free speech,” but examples of coercive speech. Under the guise of expressing its opinion, IKEA management has warned employees that if they join the union, they will suffer serious consequences. Part Six: Stifling Pro-Union Voices 1. Lack of Union Access to the Workplace IKEA management has gone to considerable lengths to prevent workers from having direct contact with union officials. Managers have attempted to exclude union officials from the workplace, and have isolated known union members within the stores in order to limit their contact with other employees. When union officials have visited IKEA stores, they have been followed at close proximity and harassed by private security guards. IKEA security guards have also prevented the distribution of pro-union literature at the stores. Union members state that they have been transferred from departments in which they had regular daily contact with non-union workers to departments in which their contact with non-union workers is strictly limited. An Istanbul restaurant worker reported that his store manager asked him to resign from
23 the union. When he refused, the worker was transferred to a position washing dishes in a room that involved no contact with other employees. Other workers have been warned against recruiting new members at the store. One union member in Izmir stated that his store manager told him: “You have a right to join the union, but while you are at work, you must not talk about the union or get your coworkers to join. You must keep all discussion about the union to outside of the workplace.” Thus, while management has taken full advantage of its exclusive access to employees at the workplace, it has attempted to stifle pro-union voices among union organizers and members. IKEA management claims that it has restricted workers’ access to union officials and supporters in order to prevent deliberate disruption at its stores. While holding numerous anti-union meetings, management has used this alleged need to avoid “disturbance for customers” as justification for clamping down on pro-union voices at the workplace. But management actions have gone far beyond any reasonable precautions designed to safeguard the normal functioning of the workplace. Rather, it appears that this claim is simply justification for tactics intended to ensure that workers cannot hear directly from union officials or supporters. IKEA’s suppression of pro-union voices conflicts with international labor standards on union access to the workplace, and may also violate Turkish law.12 Part Seven: Anti-Union Indoctrination Among IKEA’s Newest Employees Workers at several stores report that IKEA management has aggressively warned new employees against joining the union from the moment they are first hired. Istanbul workers reported that store managers had told new hires 12Union officials should have access to the workplace so they can “communicate with workers in order to apprise them of the potential advantages of unionization." 2006 ILO Committee on Freedom of Association, Digest para.1103.
24 that IKEA “could close the store” if the workers form a union. Management has told new employees that Koop-Is is a “corrupt organization,” and that its officials do not have workers’ best interests at heart. Several activists reported that managers had told new workers that they were “bad employees” who were getting paid to recruit other employees, or that they have pressured non- members to join the union. The workers stated emphatically that this was untrue: Koop-Is is not paying them and they have never used intimidation tactics on other employees. As a result of this none-too-subtle management pressure, workers report that new employees are afraid to be seen in the presence of union members at the workplace. Having witnessed firsthand the retaliation experienced by union activists, they want to avoid suffering the same fate. The atmosphere within IKEA stores around the issue of unionization is one of fear and intimidation. In Turkey, new IKEA employees do not have, and do not feel that they have, a free choice when it comes to joining the union. IKEA management has responded to workers’ efforts to form a union with a pallid PR campaign. In November 2012, IKEA Turkey launched its “one heart together” public relations campaign, which is intended to demonstrate the alleged unity between management and workers and their opposition to “third party intervention.” As part of the campaign, management instituted a so- called “workers’ day” on which it would give every employee a share of the company’s profits. However, most workers report that they received only 100 Turkish Lira on “workers’ day” – much less than had been promised and much less than the workers had expected. As a result, many believed that management had deceived them.
25 Part Eight: IKEA Values or Mapa Values? 1. When are IKEA Values Not IKEA Values? The answer, it appears, is when they are Mapa values. According to senior personnel, IKEA’s global values apply wherever the company operates, including at stores operated under a franchise agreement. IKEA’s Code of Business Conduct states: “All IKEA Trademark users are expected to have a code of conduct for their co-workers that shall implement the requirements of the IKEA Code.” IKEA Turkey has publicly agreed with this position, and claims never to have “acted outside the framework that is provided by universal IKEA values.” But in private, it has told employees that it is not bound by the values of IKEA, because, in the words Fuat Atalay, “this is Mapa, not IKEA.” According to one recent report, “IKEA Turkey argues that Turkish labor laws do not require it to follow the pro-union labor policies found at IKEA stores in most other countries.”13 Adopting another commonly used anti-union tactic, IKEA Turkey has threatened legal action against Koop-Is, alleging that its organizing activities have damaged the company’s brand reputation. In a complete inversion of the true situation in the stores, IKEA management has accused union officials and members of intimidating employees in their effort to “force” them to join the union. 2. IKEA’s Qualified Commitment to Social Dialogue IKEA Turkey has stated that it believes in social dialogue with Koop-Is. In May 2012, management agreed on a process to establish social dialogue with Koop-Is. But instead of publicizing its commitment to dialogue with employees, 13“IKEA to Open 3 New Stores in Turkey,” HABERLER.COM, January 11, 2013. Available at http://en.haberler.com/ikea-to-open-3-new-stores-in-turkey-250914/
26 IKEA management posted the letter on store noticeboards, where many workers were unaware of its existence. When the union subsequently publicized IKEA’s commitment to dialogue, many workers joined the union, believing that this meant they could do so without fear of retribution by management. Unfortunately, management has not allowed them that free choice. Part Nine: IKEA’s Labor Record in Other Countries: A Tale of Two Systems 1. IKEA Respects Workers’ Rights Where Labor Law Is Strong In countries in which the law offers strong protection for labor standards, and workers’ voice is a vital component of the employment relations system, IKEA respects workers’ rights. Strong protections exist in several European counties in which IKEA operates: Norway, Denmark, Austria, Sweden, and Belgium. Somewhat weaker protections exist in Australia. In these countries, the company respects workers’ freedom of association, engages in social dialogue with unions, pays decent wages and provides good workplace health and safety conditions. IKEA stores in these countries provide several examples of “best practices” in workplace relations: labor-management cooperation in Norway, union access in Australia, and health and safety committees in Norway, and others. Labor law and the institutions of employment relations in these countries require that management respects workers’ rights, and the company complies with this. 2. But IKEA Violates Workers’ Rights in Countries Where Labor Law is Weak Unfortunately, IKEA’s labor record is worse in countries that offer weaker protection for fundamental rights because of inadequate laws, weak penalties
27 for violating laws, or poor enforcement of those laws. Countries with weak legal protections include Spain, Portugal, Italy, Ireland, Russia, Poland, Czech Republic, and the United States, among others. In these countries IKEA management has exploited weak laws and routinely violated workers’ right to form a union. It has allegedly harassed and spied on union activists, held “captive audience” meetings, prevented workers from hearing pro-union voices, and created an atmosphere of fear and intimidation in the workplace. The anti-union behavior of IKEA management in these countries violates international standards on freedom of association. Part Ten: Turkish Law, “IKEA Values,” and International Standards 1. IKEA’s Actions Violate Turkish Law Turkey falls into this latter category of countries with weak protection for freedom of association. 14 The International Labor Organization, European Union, International Trades Union Confederation and other international organizations have criticized the law for allowing anti-union employers to intimidate and coerce workers. 15 IKEA management has exploited the deficiencies of the law to undermine the free choice of its employees. On every one the major union-related protections provided by Turkish law – protections against discriminatory dismissal, protection against discriminatory treatment, protection against unlawful coercion to resign from the union or 14 Private sector union membership in Turkey is now approximately 3.5% -- the lowest in the OECD -- and has fallen more in the past decades than in any other OECD nation. 15 In 2011, the ILO’s Committee on the Application of Standards expressed “concern about the new allegations of the restrictions placed on freedom of association and assembly of trade unionists.” Also in 2011, the European Commission criticized the “limited progress in the area of social dialogue," and called on the government to “ensure that full trade union rights are respected in line with EU standards.” The ITUC’s 2012 Annual Survey of Violations of Trade Union Rights concludes: “Trade union rights [in Turkey] are not adequately secured in the law.”
28 unlawful intimidation not to join the union – IKEA management appears to have behaved unlawfully.16 2. IKEA’s Code of Business Conduct Falls Short of International Standards IKEA’s Code of Business Conduct fails to conform to international standards on freedom of association in certain key respects, thereby calling into question its commitment to those standards. IKEA’s Code of Business Conduct states: “IKEA Trademark users shall respect the rights of co-workers to (or not to) associate freely, form and join worker organizations of their own choosing, seek representation, and bargain collectively, as permitted by and in accordance with applicable laws and regulations.” None of the leading international standards on freedom of association include the words “or not to” associate. These words are found nowhere in the ILO’s core conventions, UN’s Global Compact or OECD Guidelines for Multinational Enterprises. Their omission from leading international standards and inclusion in IKEA’s code is not an oversight or a minor textual difference. These words adds nothing to workers’ rights – workers can, of course, choose not to associate, just like they can refrain from exercising in any other workplace right. Legally the words are of no consequence because implicit in the right to associate is the right not to associate. The inclusion of these seemingly innocuous words, however, is vitally important because they are essentially code words for management actions that violate international standards on freedom of association. By including them in its code of conduct, IKEA is akin to any anti-union employer that follows universally condemned norms. When added to a corporate code of conduct, the words “or not to” are routinely used to justify employer anti-union 16Nurhan Sural, “Anti-Discrimination Rule and Policies in Turkey,” Comparative Labor Law and Policy Journal, 13: 01 (2009); Kadriye Bakirei, “Unfair Dismissal in Turkish Employment Law,” Employee Responsibilities and Rights Journal, 16:2 (June 2004); Melda Sur, “General Framework and Historical Development of Labor Law in Turkey,” 13:01 (2009), Comparative Labor Law and Policy Journal.
29 campaigns: if employees have a right “not to associate,” management must have a right -- even a duty -- to “educate” them about that right. In practice this means that workers are subjected to aggressive and sometime unlawful anti- union coercion and intimidation. Moreover, the inclusion of these words lends credence to the (demonstrably false) notion that the main threat facing workers is union or co-worker coercion to join the union, rather than management coercion not to join. According to all the workers interviewed, there is no evidence of intimidation by workers or union officials at IKEA Turkey. Unlike management, moreover, unions and workers have no coercive power over their fellow employees: they cannot fire workers, deny them promotions or pay raises or discriminate against them in other ways. Management, in contrast, has that coercive power, and IKE Turkey has used it to prevent employees from exercising their free choice. A second problem with IKEA’s code of business conduct is its wording referring to “worker organizations” rather than to unions. This could easily be taken by local management as license to undermine legitimate unions. A common management tactic in Turkey is to encourage workers to join company-dominated unions or “yellow unions.” The country has a history of employer-controlled, government-controlled and symbiotic unions, and sham labor organizations remain a threat to genuine collective bargaining. The code’s reference to “worker organizations,” at a minimum, may confuse local managers in countries like Turkey who often lack knowledge of international standards on freedom of association. Even by the weak standards established by IKEA’s own code, the actions of management in Turkey are unacceptable. By threatening, interrogating and discriminating against union workers, it has consistently violated their right to associate in an organization “of their own choosing.”
30 3. IKEA Turkey’s Violation of International Labor Standards While IKEA claims to engage with leading organizations on employment 17 relations, the anti-union actions of its management in Turkey violate international standards on freedom of association. These include the principles of United Nations Global Compact (UNGC), the core conventions of the International Labor Organization (ILO), and the guidelines of the Organization of Economic Cooperation and Development’s (OECD). IKEA became a signatory to the UNGC -- an international effort to encourage corporations to adopt socially responsible practices and report on their implementation -- in 2004 and last submitted a “Communication in Progress” in 2009. Under the UNGC, companies must ensure that all workers “are able to form and join a trade union of their choice without fear of intimidation or reprisal” and ensure “union-neutral policies and procedures that do not discriminate against individuals because of their views on trade unions or for their trade union activities.” By interfering with the decision of its employees to choose a union, IKEA Turkey has failed to “embrace, support and enact” Principle 3 of the UNGC.18 IKEA states that it “engages in dialogue with the ILO on working conditions and labor standards.” IKEA’s Code of Business Conduct States that trademark users “shall uphold the human rights of co-workers and treat them with dignity and respect as understood by internationally recognized laws and standards including the Universal Declaration of Human Rights.” But the 17Based on the ILO’s core conventions and the UN Global Compact, the company’s IWAY code of conduct for suppliers states: “The IKEA supplier shall ensure that workers are not prevented from associating freely.” IWAY Standard (2008.06.04). Available at: http://www.ikea.com/ms/en_US/about_ikea/pdf/SCGlobal_IWAYSTDVers4.pdf 18 Principle 3 of the UNGC states: “Employers should not interfere in an employee’s decision to associate [i.e. or organize or join a trade union], or discriminate against the employee or their representative.” UN Global Compact, “About the UN Global Compact: The Ten Principles.” Available at: http://www.unglobalcompact.org/AboutTheGC/TheTenPrinciples/principle3.html
31 behavior of IKEA management in Turkey falls well short of the clear standards established by ILO’s core conventions 87 and 98 and the 1998 Declaration on Fundamental Principles and Rights at Work.19 According to the ILO’s Committee on Freedom of Association, the following actions constitute improper interference with workers’ freedom of association: • Creating an atmosphere of intimidation and fear prejudicial to the development of union activities • Pressuring or threatening retaliatory measures against workers for union membership • Attempting to persuade employees to withdraw authorizations given to a union to unduly influence the choice of workers and undermine the union • Harassing and intimidating workers by reason of union membership • Offering bribes to union members to encourage their withdrawal from the union • Committing acts calculated to cause the dismissal of or directly dismissing a worker by reason of union membership, including by invoking “neglect of duty” when the real motive for dismissal is a worker’s union activities • Transferring or downgrading a worker as a result of union membership • Granting bonuses to non-unionists but excluding union members from such bonuses20 19ILO, Declaration on Fundamental Principles and Rights at Work, 1998, https://www.ilo.org/declaration/thedeclaration/lang--eng/index.htm. Convention 87 states that workers “shall have the right to establish and ... to join organizations of their own choosing without previous authorization.” Convention 98 states that workers “shall enjoy adequate protection against acts of anti-union discrimination in respect of their employment....” 20 ILO, Freedom of Association: Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO, Fifth(revised) edition (2006), paras. 35, 67, 514, 638, 682, 772, 780, 781, 786, 787, 803, 810, 837, 839, 858, 863, 864, 865.
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