Mayor of Docelles et al. vs. PM KYMMENE

Allegations

In April 2014 the French NCP received a request for for the recovery of the paper mill of Docelles by the Finnish Group UPM KYMMENE. The complaint was submitted by the Mayor of Docelles, the association Société coopérative et participative (SCOP), as well as the French association “Sauver La Papeterie de Docelles”, and a group of former employees at the paper mill alleging that the Finnish Group UPM KYMMENE had breached the employment and industrial relations provisions of the Guidelines by closing its paper mill in Docelles, France.

Relevant OECD Guidelines

• Chapter II
• Chapter II Paragraph A1
• Chapter II Paragraph A10
• Chapter II Paragraph A11
• Chapter II Paragraph A3
• Chapter II Paragraph A4
• Chapter II Paragraph A6

Outcome

The Finish NCP was alerted to the request and kept informed during the specific instance process.

The French NCP undertook an initial assessment and concluded that the request merited further consideration. It offered to provide a platform for dialogue on the parties to negotiate the future of the site while taking account the parallel proceedings that exist before the French courts. UPM accepted this offer.

The NCP interviewed the parties in September 2014 and consulted with experts and then offered to organise a joint meeting between the parties to examine the feasibility of mediation. This offer was rejected by France SAS and UPM (the parent company). The NCP continued to review the specific instance and in December 2014, it informed the parties in confidence about its preliminary analysis and this analysis was transfered to the Finnish NCP and UPM in Finland in January 2015.

During its meeting of February 2015, the NCP decided conclude the specific instance, noting that UPM had not acted in conformity with the provisions of the Guidelines and stating that the persistent dispute between the parties rendered it impossible to establish any form of mediation. In accordance with the NCP’s rules, it approved a draft communiqué which was sent to the parties and the Finnish NCP.

More details

Documents

• statement

  25 February 2015

  The French NCP stated that the persistent dispute between the parties rendered it impossible to establish any form of mediation. In accordance with the NCP's rules, it approved a draft communiqué which was sent to the parties and the Finnish NCP.

  NCP France
• accept

  20 September 2014

  The French NCP undertook an initial assessment and concluded that the request merited further consideration

  NCP France