American Federation of Labor and Congress of Industrial Organizations 

Trade Union Advisory Committee to the OECD 

15, rue Lapérouse 

75016 Paris 

0033(0)155373737 

www.tuac.org

 October 27, 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 American Federation of Labor and Congress of Industrial Organizations (AFLCIO) and the Trade Union Advisory Committee to the OECD (TUAC) welcome your 

initiative to review the U.S. NCP. The OECD Guidelines for Multinational Enterprises 

have a potentially significant role to play in addressing deficits in global governance 

and improving standards of business conduct globally. 

The creation of an effective, accessible and accountable U.S. National Contact Point 

is essential in establishing the reputation of the U.S. Government as a champion for 

responsible business conduct on the world stage. Moreover, in the context of the 

current Update of the OECD MNE Guidelines, it would send a strong signal of 

support for the transformation of the OECD MNE Guidelines into an effective 

international instrument for the promotion of responsible business conduct. 

We therefore urge the U.S. Government to show leadership and ambition and 

ensure that the reform of the U.S. NCP provides for the following: 

Resources: assign adequate resources to ensure that the NCP has sufficient levels 

of trained staff to support mediation and fact-finding; 
Letter to U.S. OECD National Contact Point Review 

October 27, 2010 

Page Two 

Performance 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 oversight body involving the social partners and other external 

stakeholders, and provide for a right of appeal; 

Consultations: hold regular consultations, at least once a year, with social partners 

and other external stakeholders; 

Parallel proceedings: 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, make 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 follow-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 using 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; 
Letter to U.S. OECD National Contact Point Review 

October 27, 2010 

Page Three 

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 months 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 acceptable level of 

performance. 

Sincerely, 

Richard L. Trumka John Evans 

President General Secretary 

AFL-CIO TUAC 

RLT/CF/ca