1601, ave De Lorimier, Montréal (Québec) H2K 4M5, téléphone : (514) 598

- 2253, télécopieur : (514) 598

- 2052, courriel :claudette.carbonneau@csn.qc.ca

Montreal, November 3, 2010

U.S. OECD National Contact Point Review U.S. Department of State

E

- mail: input@state.gov

Re: Review of the U.S. National Contact Point

Dear U.S. National Contact Point Review Staff:

The Confédération des syndicats natio naux (CSN), Canada’s second largest trade union confederation, welcomes your initiative to review the National Contact Point (NCP) of United States.

We believe that this revision can contribute to the objective of achieving functional equivalence between the NCPs around the world. It is important that OECD countries be equally committed to promote the guidelines and to carry on the specific instance procedure which they agreed to put in place. This is one of the most important issues that is being discuss ed in the current process of revision of the guidelines.

The improvements suggested by our colleagues of the American Federation of Labor and Congress of Industrial Organizations and the Trade Union Advisory Committee to the OECD, in a letter they sent y ou on October 27, should be implemented by all NCP’s. Therefore we support their following recommendations:

Resources: assign adequate resources to ensure that the NCP has sufficient levels of trained staff to support mediation and fact

- finding;

Performa nce criteria: develop NCP structures and operating procedures in line with the existing core criteria of visibility, accessibility, transparency and accountability. As regards the specific instance procedure, ensure compliance with the additional

criteria proposed by Professor Ruggie, UN Special Rapporteur on Business and Human Rights, of legitimacy, predictability, rights

- compatibility and equitability;

Structure: involve relevant U.S. government agencies, including the Department of Labor, establish an o versight body involving the social partners and other external stakeholders, and provide for a right of appeal;

C onsultations: hold regular consultations, at least once a year, with social partners and other external stakeholders;1601, ave De Lorimier, Montréal (Québec) H2K 4M5, téléphone : (514) 598

- 2253, télécopieur : (514) 598

- 2052, courriel :claudette.carbonneau@csn.qc.ca 2.

Parallel proceedin gs: develop guidance that requires parties to show that there would be prejudice to the parallel proceedings in order for a case to be rejected or suspended and require any such rejection or suspension to be subject to external oversight;

Mediation: offer the good offices of the NCP for mediation for the purposes of trying to resolve issues arising under the Guidelines;

Determination: where a party refuses mediation or mediation fails, carry out an assessment of the issues raised and, where appropriate, m ake recommendations on the implementation of the Guidelines;

Final statement: in all cases accepted for review publish a final statement, including, where appropriate, recommendations on implementing the Guidelines;

Monitoring and follow

- up: develop foll ow

- up procedures, including reporting by all parties on progress made in implementing recommendations and the publication of a

follow

- up statement by the U.S. NCP describing the progress made;

Consequences: develop measures, together with procedures for u sing such measures, to preserve the integrity and the credibility of the Guidelines in cases where companies flout the Guidelines process or are involved in egregious violations;

Timescales: incorporate indicative timescales into the Procedural Guidance, while allowing for the extension of these timescales if all parties agree that it is in the

interests of the case to do so:

Initial assessment: within 3 months of submission;

Mediation: within 6 months of offering its good offices; Completion: within 12 mo nths of receiving a case.

Finally, within the wider context of the Update of the OECD MNE Guidelines, we urge the U.S. Government to support mandatory peer review, in line with OECD best practice, in order to help ensure that all NCPs operate to an accept able level of performance.

Sincerely,

Claudette Carbonneau

President

CSN