The full text of the agreement between Almond Labour Union and Almond Management:

A Memorandum Of Understanding Between
The ICEM
And
Almond Limited

This memorandum is agreed by the undersigned and should be used as the basis of a settlement between Almond (Thailand) Limited (the Company) and almond Workers Union (the Union).

On the conclusion of negotiations which commenced on Wednesday 28th November between Almond the Company and the Union regarding current areas of dispute, the following has been agreed:

Recognition / Collective Bargaining

The Company will continue to recognise the Union for the purpose of
representation and collective bargaining on behalf of their members employed by the Company.

Within 3 days of receiving a list of demands from the Union on behalf of its members, the Company will in good faith enter into meaningful negotiations with the Union.

Reinstatement of Dismissed Workers

The 40 workers who have pursued legal cases against the Company for wrongful dismissal

The following two options are proposed by the Company:

Option A
All of the 40 workers will have the right to be reinstated and will receive the full compensation ordered by the last court that ruled on this matter. Any worker who wishes to voluntarily leave the employment of Company will also receive the same compensation.

OR

Option B
All of the 40 workers leave the employment of the Company and receive the following:

1. Full compensation as ordered by the last court that ruled on this matter
2. A 1.5 months bonus payment
3. One months pay for notice period
4. Redundancy pay, based on years of service
5. Plus 2 months pay at average earnings

Fred Higgs, General Secretary ICEM strongly recommends acceptance of Option A, and does not support Option B.

With regard to the 5 workers who have referred their cases to the Supreme Court, these cases will continue. When the outcome is known the Company will implement the Court decision.

Legal Actions

As part of this agreement the Company will drop all legal actions arising from this dispute, both criminal and civil, against individuals, the Union and other organisations. The union and its members will also withdraw from any such legal action. (An exception to this is the 5 workers whose cases are being referred to the Supreme Court).

With regard to the two persons currently charged by the Company with theft, the Company will drop these charges providing the two persons sign a document to the effect that they will not subsequently take any legal action against the Company. The Company and the Union undertake that on the return to work of those workers who wish to return there will be no recrimination by either management or workers, and both will cooperate to ensure the long-term success of the business. In addition any future disputes will be progressed via a disputes procedure, which will be negotiated and agreed locally.

As part of this agreement the ICEM, the Union, and other labour organisations involved, will publicly state that all issues related to the dispute have been satisfactorily settled and that the relationship between the Company and the Union has now been regularised. This message should also be conveyed to any customers / suppliers who have been contacted concerning these issues.

Fred Higgs
General Secretary of the ICEM

Jonathan Mandelbaum