Dispute over trade union rights in soap manufacturer

A dispute has arisen within PZ Cussons Polska S.A. between the largest representative trade union, NSZZ Solidarnosc, and the company’s chief executive officer (CEO). Trade union members accuse the CEO of breaking the law in relation to trade union rights. The conflict reached a high point with the disciplinary dismissal of a NSZZ Solidarnosc shop steward. The trade unions warn that they will fight the case until the company management reinstates the dismissed union member.

Trade union membership

Since 1993, PZ Cussons Polska S.A., manufacturer of household cleaning and detergent products, has owned Wroclaw Domestic Detergents Plant Pollena. At present, the company employs about 240 workers, of whom over 150 are union members. This means that, in comparison with other Polish companies, the enterprise has a relatively high union density.

Although over 50% of the workers are trade union members, this membership is widely dispersed among five trade union organisations operating within the company. The smallest union presence is the Independent Trade Union of Chemical Workers (Niezalezny Zwiazek Zawodowy Pracowników Chemików), representing 15 workers, while the largest union in the company is the Independent and Self-Governing Trade Union Solidarity (Niezalezny Samorzadny Zwiazek Zawodowy ‘Solidarnosc’, NSZZ Solidarnosc), which assembles over 80 workers – almost every third employee of the company.

Tensions between trade unions and management

NSZZ Solidarnosc is currently engaged in conflict with the company management. This particular controversy has a long history, going back to 2002 when a dispute arose over certain irregularities concerning the allocation of the employee benefits fund. However, the trade unions only took collective action in relation to the dispute in 2003 when the premises was flagged; in response, the management removed the trade union flags. The trade unions appealed to the court and accused the company’s management of obstructing trade union activity. The proceedings were discontinued as the court found that the employer’s action did not constitute an offence.

The conflict escalated when the company’s management decided to move the headquarters of the trade unions to space outside the premises. The unions once again appealed to the court to reverse this decision, but the court again dismissed the appeal. The unions, supported by the regional board of NSZZ Solidarnosc of Lower Silesia (NSZZ Solidarnosc Dolny Slask), staged a protest in front of the company’s premises to show their disapproval of the disregard for labour and trade union legal rights.

In 2005, the Ministry of Labour and Social Policy (Ministerstwo Pracy i Polityki Spolecznej, MPiPS) attempted to mediate between the parties, with little success.

Culmination of conflict

The culminating point in the conflict occurred in June 2006 when, according to the unions, the management at CZ Cussons once again disregarded the preliminary social fund expenditures schedule. The trade unions decided to display more union flags, while the management made an attempt to remove the flags and transport them outside the company’s premises. The head of the company’s NSZZ Solidarrnosc representatives attempted to stop a car in which the flags belonging to the trade union were being taken off the premises. A scuffle between the union activist and the security staff ensued, resulting in minor injuries to the former, according to trade union sources.

Some days later, the NSZZ Solidarnosc shop steward was dismissed from the company on disciplinary grounds. As the dismissal was given towards the end of the week, the worker in question was not able to appeal against the decision within a statutory time frame. The management also tried to prevent the next union meeting from taking place and attempted to keep the dismissed union member off the premises even though he was still acting as NSZZ Solidarnosc shop steward.

Views of trade unions and management

The trade unions claimed that PZ Cussons had clearly ignored Polish union law, and they promptly informed the following international associations of this: European Mine, Chemical and Energy Workers’ Federation (EMCEF) and the International Federation of Chemical, Energy, Mine and General Workers’ Unions (ICEM). The unions warn that they will fight the case until the company’s management reinstates the dismissed trade union member.

On the other hand, according to the management, the NSZZ Solidarnosc shop steward caused a dangerous situation and broke work regulations in his protest against the removal of the trade union flags from the premises. The CEO of PZ Cussons, Stephen Murphy, claims that the shop steward got into the company car without permission, wilfully took out the trade union flags and subsequently vandalised the car. As this represented a gross abuse of an employee’s duties, the management agreed to the shop steward’s disciplinary dismissal. The case has since been sent to the labour court.

Overall, this series of events has failed to attract much attention among employer organisations.

Rafal Towalski, Institute of Public Affairs (ISP) and Warsaw School of Economics (SGH)