The United States District Court for the Southern District of Florida has issued a decision to dismiss the two Coca-Cola bottlers in Colombia from all remaining cases filed in 2001 by the Colombian union Sinaltrainal and others.
The Court dismissed The Coca-Cola Company from the lawsuit in 2003. In this new decision, the court also denied plaintiffs' motion to amend the complaints to bring The Coca-Cola Company back into the lawsuit and directed the clerk to close the cases.
Statement:
The Coca-Cola Company is gratified by Judge Martinez’ decision to dismiss the cases. We reaffirm our belief that the claims in the suit filed against The Coca-Cola Company and two bottlers in Colombia are inaccurate and based on distorted versions of events.
We hope this decision will now enable us to put this case behind us as we continue to focus on working constructively to ensure the rights and safety of Coca-Cola workers in Colombia and worldwide. We are open to discussions with everyone who shares a commitment to finding constructive solutions to workplace issues in areas of conflict around the world.
Regardless of this development, The Coca-Cola Company continues to support the ILO’s independent and impartial investigation and evaluation of labor relations and workers’ rights practices of Coca-Cola bottlers in Colombia.
October 6, 2008 - The ILO has completed its independent evaluation of Coca-Cola bottling operations in Colombia. The report states "everything suggests that conditions of work applicable to direct employees are duly respected, to the extent that they are regulated by legal instruments, collective agreements or accords."
The report found that Coca-Cola bottlers are upholding labor standards that have been ratified in Colombia, including confirming that workers enjoy freedom of association, a work atmosphere free of anti-union intimidation and a safe working environment.
The ILO did note some areas for improvement unrelated to legal compliance concerning ideal or aspirational human resources practives, which Colombia bottlers are currently evaluating in order to develop action plans for such areas. Coca-Cola bottlers in Colombia have reiterated their commitment to compliance with local law and international labor standards, as well as to continue working towards the improvement of workplace conditions in their facilities, on behalf of all of their associates. The report can be viewed on the ILO's website at: http://www.ilo.org/public/english/dialogue/sector/papers/food/mission.pdf
Two different judicial inquiries in Colombia – one in a Colombian Court and one by the Colombian Attorney General – found no evidence to support the allegations that bottler management conspired to intimidate trade unionists. We will continue to work to ensure that our Company and our bottling partners operate under the highest standards in Colombia.
In a lawsuit in Colombia brought by members of the local Colombian union SINALTRAINAL, the Court concluded, "Nowhere has it been established that any Company executive ever played a role in violating the aforesaid rights. Quite the reverse, the documents produced in this tutela action indicate that the violations of both fundamental rights and criminal laws were reported to authorities, who are properly investigating them." The Court also noted that the bottler went further to enhance its workers' safety by heightening security at the plant.
A separate investigation by the Prosecutor General of Colombia also concluded that there was no evidence that bottler managers conspired with paramilitaries to intimidate trade unionists.
Decision by Office of the Prosecutor General of the Nation, Office of the National Director of Prosecutorial Offices, National Human Rights Unit, Case No. 16, April 11, 2001.
In the U.S., The Coca-Cola Company was dismissed from a lawsuit concerning the Colombia allegations because the plaintiff failed to offer factual or legal basis for the allegations against the Company. We are confident that as the case proceeds, the court will find no evidence against our bottlers as well.
