Corp. HR/VL NESTLE EUROPEAN COUNCIL FOR INFORMATION AND CONSULTATION – PLENARY MEETING CICG – Geneva / November 2008 ______________________________________________________ Minutes 1. Opening and Welcome L. Cantarell and W. Ending welcomed the participants and opened the meeting. Welcome extended to L. Freixe – successor to L. Cantarell - as well as to J. Lopez who will present Nestlé Continuous Excellence. J. Harris will be joining in the afternoon to give an update on Nestlé Waters business. L. Freixe introduced himself and provided some key messages, i.e. belief in the value of the teams which are made up of people and the conviction that there are opportunities even in difficult periods. He also mentioned that the future is not a given nor a gift – it is a conquest. His role in Zone Europe will be to design the future with the teams in the markets which he will keep close contact with as the business is carried out in the markets and the clients are in the markets. W. Endling thanked L. Freixe and looked forward to close co-operation. 2. Nestlé Continuous Excellence and Implications at Factory Level (J. Lopez) J. Lopez thanked L. Cantarell and W. Endling for the opportunity offered to him to present Nestlé Continuous Excellence (NCE) - an important initiative of the Group and briefly introduced himself. Here are some highlights of his presentation (presentation provided) : NCE is a journey, a new mindset Nestlé is a key supplier of Nestlé and Nestlé is a key customer of Nestlé Focus on safety (not yet at satisfactory level), consumer complaints and cost when visiting factories There should be less command and control and more empowerment There should be more alignment of all actions around the world avoiding waste Total Performance Management (TPM) will be a reality at Nestlé A lot of stress is perceived when visiting the factories Education and training are needed for the introduction of TPM and for enhancing people empowerment There is less tension with TPM TPM is a sustainable attitude and inspired approach to continuous improvement The way to understand Nestlé Continuous Excellence is to engage everyone's heart and mind to a consumer-driven war on waste The target is: 1 team, 100% engagement, 0 waste TPM will make Nestlé a better place to work 2 Questions and Answers W. Endling thanked J. Lopez for his presentation. He mentioned that a positive aspect of NCE is the involvement of employees and their contribution in terms of knowledge and hands-on experience and inquired about the training which will be provided to staff wondering if the company will be looking at whether staff has the skills for TPM and NCE and how to train them further, or whether the company will seek already skilled people from the market. He also asked about the company's intentions in terms of continuous training and inquired about responsibility in case of accidents and/or mistakes, against the background of the focus on teamwork in TPM. J. Lopez mentioned how important it is to learn from one another and to avoid mistakes. TPM is a sustainable attitude and inspired approach to continuous improvement. Training will always be part of NCE. Training for the operators will be needed. It is important to help people enhance their capabilities, help them understand how to improve and enhance productivity. Responsibility lies at all levels - not only at the operators' level but also at management level in the Company. W. Endling acknowledged that it is a must to have less waste and more improved quality and productivity and, in this context, noted that NCE was a cost-cutting and productivity-enhancing exercise which, by definition, could lead to job reductions. He questioned the logic behind encouraging and rewarding suggestions in the context of "continuous improvement", which would eventually lead to a reduction in jobs. J. Lopez mentioned that very often upon introduction of TPM on one line, other lines immediately are keen to follow in introducing TPM. This is a progressive process. Regarding rewards, the concept is very much linked to a changing work place and to making the Nestlé operations a better place to work, contributing to total performance by improving operations. J.P. Ribout – (France) mentioned that it is important to count on a tool which will eliminate problems and degradation in work. In order that people are comfortable in their work place, they should be assured of their job security and not be afraid of losing their jobs. We need to be careful that we don't push to extremes, trying to get things done quicker and quicker and exposing ourselves to accidents (working conditions, schedules, stress, etc.). To be comfortable at the work place, workers should be provided with development perspectives and with adequate purchasing power. He also made a reference to the consequence of GLOBE implementation. J. Lopez referred to the investments in upgrading installations and not only for those done in new factories. He also mentioned that regarding GLOBE, the situation is monitored very closely with the objective to improve. There is overall more cooperation needed with social partners, members of management as well as all with the Nestlé employees. E. Péry – (France) concurred with the emphasis put on safety. He also mentioned that should productivity be improved, it should not be to the disadvantage of the working conditions. Remuneration conditions should also be linked to the enhancement of the activities. J. Lopez ensured that any improvement made is not made to the disadvantage of any other factor. Regarding job classifications, the capabilities of the operators towards any improvement should be recognised. Operators are awarded for the added value that they can bring in the working environment. J. Feter – (Poland) referred to the number of the temporary workers and to how they will be involved in the implementation of the programmes. 3 J. Lopez mentioned that NCE is a process based on one model and that TMP is one of its elements. It is clear that temporary workers have to be included in the process in order to manage the operations according to the NCE model. Nobody is excluded. J. Mesquita (Portugal) mentioned that there is a need to diagnose certain problems in order to work towards more efficiency. It has sometimes been noticed that operators do not know what they should do and that there are mistakes when operating machinery. He put the emphasis on working conditions, on the working environment and on adequate equipment. J. Lopez mentioned the importance to have the right machinery, running as appropriate, removing waste and ensuring production as expected – protecting workers and improving their environment and their conditions. TPM put the emphasis on the reliability of the machinery. There is also a commitment from the company to ensure that the number of accidents is reduced. He mentioned being alerted to accidents and their circumstances. There is the objective of "0" accident and "0" complaints and everybody should work towards this direction. C. Montllor (Spain) raised his concern about the contradictions felt as, on one hand there is the resolve to improve efficiency in the factory and, on the other hand, there is the resolve to reduce cost. Maintenance is crucial to doing a good job in the best conditions but it has a cost, and there is pressure to reduce this cost. J. Lopez stressed the fact that the company is not just trying to reduce costs, the aim is to eliminate waste. K. Hoffmann (Germany) mentioned the situation in the factory in Hamburg where a consultancy company has been mandated and is looking particularly at how to cut costs – other aspects being often neglected. J. Lopez mentioned that the operations have to continuously deliver value to the other parts of the company to ensure competitiveness. W. Endling thanked J. Lopez and underlined that he understood that this should not be seen as a cost- saving programme but rather a programme ensuring that workers are better trained and receive continuous training. He asked for feedback on the evolution of the programme to the next NECIC meetings if and as appropriate. L. Cantarell thanked the representatives for their active participation ensuring that their concerns and comments will be taken into account. He mentioned that continuous improvement is also looked at in other parts of the organisation (administration, Globe, etc.) and not only in operations. 3. Business Results (L. Cantarell) 3.1. 2008 First 9 Months Results - Group L. Cantarell presented the highlights of the results of the Group for the first 9 months of the year. The Nestlé model is built on 5% to 6% Organic Growth. Target is easier to be achieved in an inflationary period. There are good results overall for the Group and Food & Beverages – compared to our competitors. There is volatility in terms of consumption in Europe and a slow down. He mentioned that the financial position of the company and the way it is managed is under control. 8% OG and the Nestlé model should be delivered in 2008. 4 3.2. 2008 First 9 Months Results - Europe Overall OG in Europe 2,1% - basically good result in GB region and in Petcare, accelerated growth in Germany. Situation in Russia slightly deteriorating. Ukrainian market has proved difficult and volatile. Good evolution also shown in market shares. Overall sustained and challenging evolution over the past few years in Europe where we could be proud of getting growth back. C&EE which was a small piece in the past is now getting bigger and helps in balancing the results. 3.3. Ice Cream Ice Cream is a strategic category for the Group and in Europe. Figures are not as they should be. The Company constantly looks at re-evaluating the business, its structures, products and portfolio and wants to remain in the business, taking therefore the adequate measures. There is still a need for strong brands retail products. Sales and margins decreased and volume is an issue. Costs have to be well managed in this category (factories and distribution model). Mövenpick of Switzerland: There is an ambition to create a platform to drive the development of this category. There will not be economical results in the coming years considering the investments, the creation of the teams and of the sales teams in the markets to push the brand. The quality of product is outstanding, has the right packaging and the right approach. Super Premium has a good success story. 3.4. Outlook 2008 The macro figures look challenging, there is continuous volatility, consumer confidence is unstable, and there is pressure on the business in Ukraine, Hungary, Russia, and Romania. However in the markets, opportunities remain despite the pressure. The key to success in 2009 will be to continue and maintain the company's strategy – emphasis put on operational efficiency, innovation / renovation, product availability, appealing and attractive communication – with a need to set priorities, be fast and quick. PPP (Popularly Price Products) is a priority for Nestlé in Europe. There have been good success stories so far in Russia and even in France (products launched with Herta and Maggi brands). The key focus areas in 2009 will be: Nutrition Health and Wellness Portfolio Management Market Shares Customer Management War on Waste Response from the co-chairman W. Endling thanked L. Cantarell for the business update and made the following comments: Financial crises and economic crises – money lost in the world. Example of the car industry in the US where the major car companies are going bankrupt. 2009 will be a difficult year. Consumers have not received pay increases. Purchasing power is decreasing. Nestlé can show good results in 2008 also thanks to the price increases 5 in the markets. Now, however, there is pressure to cut prices, commodity prices are falling. He wondered what will be the consequences of the decreasing consumption, of the pressure on prices on the business in 2009. He also considered the fact that the medium price segment is shrinking and that the discounters are further developing. He raised his concern on the fact that consumers will be more and more inclined to buy from discounters and be less and less loyal to Nestlé products. Waters: Nestlé is at the centre of attention in this category with criticism raised in the area of bottled waters. Water is a basic commodity and there are people who still do not have access to water consumption on a daily basis. How will the image be preserved for Nestlé? Ice cream: a few questions raised in this category, i.e. how will it be possible to get bigger margins in 2-3 years, what will have to be invested, will there be bigger lines, how long can we continue investing without making a profit, two factories have recently been closed, one in Romania and one in Denmark, advantage seen in production involving a co-packer, other companies have more capacity for production than Nestlé, any possibility examined to provide for the necessary capacity in a Nestlé factory? Regarding the Esbjerg factory closure, an ad-hoc meeting was held within a week with information and an exchange of views. An information and consultation meeting bringing both parties should be held, however, before any decision is taken. Unfortunately, ahead of the ad hoc meeting the social plan had been agreed to. It was not possible to influence the measures which were being implemented. Although the social plan was agreed, some criticism was raised because employee were receiving their settlement but were requested to remain to ensure the continuation of production until the end of December. This was considered as not fair for the employees who had to devote time to look for new jobs. Change in Management: L. Olofsson's resignation after 32 years in the Nestlé Group was surprising. He inquired whether there existed any clause in the contracts regarding the move to a competitor (P. Polman's case) and the way the situation of L. Olofsson will be managed, bearing in mind that he will now be negotiating conditions between Nestlé and Carrefour. Payroll and accounting processes transferred to Poland: He mentioned that the situation was complex, the collective agreements are different from country to country, the pay slips are frequently inaccurate, and there is mismanagement. Important to take the necessary action to improve and eliminate errors. Code of Business Conduct: There have been problems with the distribution of this document as there are potential conflicts with national legislation. There are cases where the code has been used to take measures against workers, whereas workers have behaved according to national legislation! Cases rose in Poland and in Spain. This situation has to be considered with the managers in Human Resources in the different countries. Regarding the Financial crisis, L. Cantarell recalled the long term perspective of Nestlé. It is difficult to anticipate the consequences of the evolution of raw material prices. It seems however that the second half of 2009 may well be more encouraging. It is important to keep consumption at the right level and keep this in mind when considering pricing, promotions, and support to our brands in volatile and difficult situations. Indeed the mainstream business is shrinking and Premium and PPP 6 developing. Nestlé is one of the best in dealing with Lidl and has good success story with another discounter company in Spain and France. Regarding the Product Categories, J. Harris will present and comment the business situation in Nestlé Waters. Regarding Ice Cream, this category is indeed strategic. It has been decided to invest in a Super Premium strategy (Mövenpick, Gelateria del Corso) and the company is working towards fine-tuning the organisation. This is not THE solution for the business but it is one of the elements of the solution. There is a need to take measures in some factories. The company believes in the future of this category. Referring to the factory in Bucharest, L. Cantarell mentioned that its closure was necessary in order to optimise the business. The company invested in Esbjerg where the business was not a standard business for Nestlé and also a difficult business. No viable solution was found internally for more that 3 years. The solution has finally been found with a co-packer – and this seemed to be the only solution. The employees were the first to be informed. The NECIC co-chairman was subsequently informed. The social plan was then accepted. Indeed employees have been asked to remain until Dec. 5th in order to save the situation of the business for the future. The employees accepted the situation and do not react negatively. Regarding L. Olofsson, L. Cantarell mentioned that he did receive an attractive offer to be CEO of the second biggest retail company in the world. He also mentioned that if anybody wants to leave, then it is his/her own choice to leave. He also mentioned that the Company does not have anything to hide in the way customers are managed within the Group. Payroll: A. Silva took the opportunity to provide some information regarding the payroll situation now live in most of the markets in Europe (live in Switzerland, UK, France, Italy and Iberia - Germany in progress). There are some problems in France which are monitored on a daily basis but which are rather related to the service provider. Some problems also in Italy for similar reasons. The other markets encounter some minor problems. Code of Business conduct: L. Cantarell reminded that the document "Code of Business Conduct" is not a legal document. This is a guideline complementing the document "Nestlé Business Principles". If the document is in conflict with local legislation, then local legislation will prevail. The cases that we referred in Poland and in Spain are rather linked with disciplinary measures that have to be taken and are not linked to the observance of the Code of Business Conduct. O. Colonna (Italy) thanked for the information provided and, focusing on ice cream, asked where the ice cream products are manufactured in Europe, noticing low volumes in the Italian and Spanish factories. He asked if there is any harmonisation project in this area with a possibility of production shifts from factory to factory and accordingly asked for information in due course at the NECIC level and in the respective countries. L. Cantarell assured that any such decision having transnational impact on production will be informed as per usual process. He also mentioned that there is indeed a restructuring project in Parma in Italy as there is a need to specialise the 7 factory and better manage the business and improve competitiveness, costs and commercial positioning. A presentation regarding the Ice Cream category will be made during the next plenary meeting and questions will be taken then. C. Alunni (Italy) inquired about the strategy in the Italian market – through new acquisitions, through divestments? He mentioned that the situation with Lidl in Italy is worrying – they cancelled a contract, affecting 20% of the Christmas campaign. Regarding the situation in payroll, he thanked for the information provided which will be reported back at the local level. L. Cantarell mentioned that there is no strategy for divestment in Italy. There were some issues in the Sansepolcro factory (on the way to be resolved), the confectionery business is well managed, ice cream is constantly analysed with development and revitalisation in the Gelateria del Corso brand. In the Buitoni business – which is globally worrying – the responsibility for the chilled and frozen sectors has been given to one person. There are good plans for innovation and renovation in the frozen part. Nescafé business is ok and Nesquick is a good success story. Regarding Nescafé Dolce Gusto, the machines are selling slowly but coffee consumption is high. Worth mentioning that Italy is a turbulent market, that the business is tough with unstable trade. The company reshuffled. There is on the other hand a good business in Nutrition. There is a commitment to closely monitor and solve the problems regarding payroll. J. Feter (Poland) mentioned that there were 2 cases of workers who were fired, particularly referring to Mr. Kotula who was the head of the works council in Gerber in Poland and who was let go although the trade union was not in agreement with that. He also mentioned that he could not agree with the company's declaration regarding the reasons of this departure. L. Cantarell mentioned that the Company is complying with the law and that the Company is not keen to fire whoever is defending the interests of the employees. He also mentioned that the person in question had acted against the interests of the Company and that this is now being dealt with in court. J. Mesquita (Portugal) mentioned that the Code of Business Conduct deals with confidential information. He raised the concern that Nestlé has drawn up this document without involving the workers – this is not a good example of social corporate responsibility from Nestlé. He strongly expressed the feeling that this is a document to be jointly drawn up with the workers and the workers representatives. L. Cantarell re-emphasised the fact that the document is a complement to the document "Nestlé Corporate Business Principles", that this is not a legally biding exercise. If the document is against the law, then it cannot be implemented. C. Torre (Spain) raised a concern regarding the ice cream business on which a more thorough presentation will be provided in the next session. It is however important to express the concern in Spain regarding Guadalajara production site and regarding the future of the workers in that business in Spain. She mentioned we should look at the different distribution models in Europe and, should there be restructuring, we should deal with this at European level. She also expressed the concern shared by all delegates at this meeting about measures taken against work council representatives and some irregular practices in this respect in some countries. 8 L. Cantarell did not have anything to add regarding the issue in Malaga which was referred to. The Company is not aiming at threatening anyone carrying out their duties. Regarding actions taken towards employees, this is no doubt the right of the company to take such action is certain circumstances - regardless if the person is a workers' representative or not. Regarding the Ice Cream business, L. Cantarell takes note of the comments and mentioned that the Company is working towards finding a good solution for the utilisation of the Spanish factories. S. Fershl (Germany) mentioned concerns regarding the implementation of the Nestlé Code of Business Conduct in Germany. She pointed out that the text refers to disciplinary action in the event of failure to comply with the Code. She further pointed out that trade union representatives run the risk of acting in contradiction with Nestlé's interests (or may appear to Nestlé to be doing so) by virtue of their role and the information they have. L. Cantarell mentioned that although understanding the concerns – they need to be put into perspective and again emphasised on the fact that this is not a legal document but that it is a document expressing the way we do work in Nestlé. R. Whitehead (UK) mentioned that people would expect special attention to mistakes in pay slips which are even below 200GBP. L Cantarell ensured that the situation will be analysed. 4. Nestlé Waters Business – A strategic Business for the Group (J. Harris) J. Harris made a presentation of the situation in the Water business world-wide and in Europe (presentation provided). In conclusion, he mentioned that we need to go back to the Nestlé Model regarding the evolution of the business, stabilise the business, communicate health benefits of Nestlé Waters products and continue focusing on sustainability. Questions and Answers W. Endling asked about the advertising strategy and the time frame foreseen for generating growth in the water business. J. Harris: The business is looking towards a growth of 3 to 4% and therefore there is a need to look at communication but also to be more aggressive on promotions. From a global perspective, most of the growth will happen outside Europe where the business is declining. A. Telò (Italy) mentioned that Nestlé brands have been under attack from ecologists, private label, tap water, pointing out that the answer was not in changing the shape of the bottle, making it more attractive and hoping it will sell. He raised questions about the management in place in Italy, and on the reasons the company lost market share, on the situation of the environment-friendly bottles and on the studies regarding the economic values of this. J. Harris mentioned that the management in place was a new management. Market shares have been slightly lost against low-price water and bio-degradable bottles. The plan is to go back and reinforcing Vera and Levissima. Focus on our brands, quality and trying to build up our business. 9 B. Geppert (Germany) mentioned that the situation in Germany is difficult and that various measures were taken in the past when 3 out of 5 springs were sold and distribution channels were re-organised. There are concerns about the future, mainly: 1. Are we going to keep the remaining springs? 2. Discussion about the abandonment of Perrier 3. Is it possible that we will become merely a distribution company? J. Harris mentioned that the Group is committed to the factories in Germany although this is an unprofitable business. The intention is to remain in the business in Germany with the existing brands and to add the Pure Life brand, encouraging Vittel and Perrier which are core for Nestlé. Germany will continue to be a challenging business place. J. Mesquita (Portugal) referred to human rights in the water business and asked about the guiding principles in exploiting water resources – it is indeed crucial that local populations are involved in the company's activities. He expressed his disappointment regarding the fact that the closure of a water plant and the opening of a new one in the proximity were not reported at the previous European Works Council meeting and were announced in the market right after that meeting. He questioned on the job safety in that factory. J. Harris mentioned that everybody should have access to clean water and that the company is committed to that. The company's principle is to establish a water factory only if there is a long term sustainable water resources that renews itself naturally over time. The Portuguese situation reported is a local matter, a recent decision having been taken to invest in a new factory. Jobs will be as much as possible protected. There are exchanges with local unions and there is no problem or dissatisfaction for the workers in the factory. L. Cantarell added that this last point was taken up and clarified during the recent Steering Committee Meeting. S. Sastre (France) mentioned that there is an overall concern for the workers in France regarding their job safety due to the various ongoing projects, the efforts in MOGEs reduction, the positioning of water compared to other soft drinks, etc. J. Harris mentioned that indeed the situation is challenging in France, particularly at the Vittel site where there is a serious problem of growth. The decline in Contrex and Vittel was double digit over the last 12 months and also before. There is a need to restructure, provide the necessary support and work together to figure out how the business can go on and to find suitable solutions. The introduction of drinks over the past years has failed. This is taken up over the next months. E. Péry (France) questioned on how the company sees the American market. J. Harris mentioned that the US business is by far the most profitable business – double the size and double the profit of the one in Europe despite the difficult economic situation. He also mentioned that efforts will be deployed to build up the business in Europe, to turnaround the Vittel activities and to get the Perrier business back on track. There is a need to start the process of getting the business on track in the whole organisation. 10 W. Endling asked about the future of various springs, particularly those serving a regional brand, in Germany for example. Is there a plan to convert them to Pure Life or to Aquarel? J. Harris mentioned it is up to the local marketing groups to manage the local brands which will continue to exist. Will try to have a Nestlé Pure Life and a Nestlé Aquarel. 5. Conclusions W. Endling mentioned with satisfaction the interesting points discussed and the possibility provided to raise the issues. Exchanges should continue particularly in the area of waters which we will be analysing and following up closely. He mentioned his conviction that in this challenging situation, the workers are on the business' side and know what needs to be done and will be looking forward to participating in the company's success in return for their efforts once the turnaround is achieved. The implementation of Nestlé Continuous Excellence will demand more commitment and responsibility from workers – this not being an exercise to eliminate jobs but to have rather more skilled and better rewarded workers. L. Cantarell thanked all the participants for their interaction. He referred to the fact that when he took over the co-chair, he mentioned that he wished to have more green than red on the business charts provided, to be open, clear and to listen to the concerns and to the suggestions. This he believes has been achieved as a company and together with the colleagues, in a transparent and respectful way. He thanked once again Jose Lopez, John Harris and Human Resources for their important contributions – this showing the interest, the commitment and the belief of the company in the information and consultation process for this NECIC group – information and consultation process starting however at local level. He also thanked Mr. Endling for the co-operation extended. No doubt that L. Freixe, taking the cochair, will continue building up the good relationship established so far. N.B. The programme has been rescheduled in order to give more time to the questions and answers session on the presentation on the Water Business. Consequently, the item on temporary workers was postponed to the next plenary meeting; however hard copies of the presentation were provided.