[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26101]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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DEPARTMENT OF LABOR

Office of the Secretary

 

Bureau of International Labor Affairs; U.S. National 
Administrative Office; North American Agreement on Labor Cooperation; 
Notice of Determination Regarding Review of Submission #940003

AGENCY: Office of the Secretary, Labor.

ACTION: Notice.

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SUMMARY: The U.S. National Administrative Office (NAO) gives notice 
that on October 13, 1994, Submission #940003 was accepted for review 
insofar as it pertains to the issues of freedom of association and the 
right to organize. The allegations of the submission that relate to the 
issue of minimum employment standards were not accepted for review. The 
submission was filed with the NAO on August 16, 1994 by the 
International Labor Rights Education and Research Fund, the Asociacion 
Nacional de Abogados Democraticos (National Association of Democratic 
Lawyers), the Coalition for Justice in the Maquiladoras, and the 
American Friends Service Committee and concerns the operations of an 
employer in Nuevo Laredo, State of Tamaulipas, Mexico. Article 16(3) of 
the North American Agreement on Labor Cooperation (NAALC) provides for 
the review of labor law matters in Canada and Mexico by the NAO. The 
objective of the review of the submission will be to gather information 
to assist the NAO to better understand and publicly report on the 
Government of Mexico's promotion to compliance with, and effective 
enforcement of, its labor law through appropriate government action, as 
set out in Article 3 of the NAALC.

EFFECTIVE DATE: October 13, 1994.

FOR FURTHER INFORMATION CONTACT:
Irasema T. Garza, Secretary, U.S. National Administrative Office, 
Department of Labor, 200 Constitution Avenue, N.W., Room C-4327, 
Washington, DC 20210. Telephone: (202) 501-6653 (this is not a toll-
free number).

SUPPLEMENTARY INFORMATION: On August 16, 1994 the International Labor 
Rights Education and Research Fund, the Asociacion nacional de Abogados 
Democraticos (National Association of Democratic Lawyers), the 
Coalition for Justice in the Maquiladoras, and the American Friends 
Service Committee filed a submission with the NAO concerning 
allegations involving operations of an employer in Nuevo Laredo, State 
of Tamaulipas, Mexico. The allegations of the submission relate to 
freedom of association, the right to organize, and minimum employment 
standards.
    Article 16(3) of the NAALC provides for the review of labor law 
matters in Canada and Mexico by the NAO. ``Labor law'' is defined in 
Article 49 of the NAALC to include freedom of association, the right to 
organize, and minimum employment standards.
    The procedural guidelines for the NAO, published in the Federal 
Register on April 7, 1994, specify that, in general, the Secretary of 
the NAO shall accept a submission for review if it raises issues 
relevant to labor law matters in Canada or Mexico and if a review would 
further the objectives of the NAALC. However, the guidelines permit the 
NAO to decline to review a submission if, inter alia, the submission or 
available information demonstrates that appropriate relief has not been 
sought under the domestic laws of Canada or Mexico.
    Submission #940003 relates to labor law matters in Mexico. A review 
would also appear to further the objectives of the NAALC, as set out in 
Article 1, which include improving working conditions and living 
standards in each Party's territory; promoting, to the maximum extent 
possible, the labor principles set out in Annex 1 of the NAALC, among 
them freedom of association, the right to organize, and minimum 
employment standards; promoting compliance with, and effective 
enforcement by each Party of, its labor law; and fostering transparency 
in the administration of labor law. Regarding minimum employment 
standards, however, it appears to the NAO that appropriate relief has 
not been sought under the domestic laws of Mexico and that, under the 
circumstances, review of that issue would not be advisable.
    Accordingly, the submission has been accepted for review with 
respect to the issues of freedom of association and the right to 
organize but not the issue of minimum employment standards. The NAO's 
decision is not intended to indicate any determination as to the 
validity or accuracy of the allegations contained in the submission. 
Further, the decision not to accept for review the allegations relating 
to minimum employment standards does not foreclose NAO review at a 
future date based on submission of additional information about efforts 
to obtain appropriate relief under the domestic laws of Mexico.
    The objective of the review will be to gather information to assist 
the NAO to better understand and publicly report on the Government of 
Mexico's promotion of compliance with, and effective enforcement of, 
its labor law through appropriate government action, as set out in 
Article 3 of the NAALC. The review will focus on compliance with, and 
effective enforcement of, labor laws that guarantee the right of 
association and the right to organize freely and prohibit the dismissal 
of workers because of efforts to exercise those rights. The review will 
be completed, and a public report issued, within 120 days, or 180 days 
if circumstances require an extension of time, as set out in the 
procedural guidelines of the NAO.

    Signed at Washington, DC, on October 17, 1994.
Irasema T. Garza,
Secretary, U.S. National Administrative Office.
[FR Doc. 94-26101 Filed 10-19-94; 8:45 am]
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