[Federal Register Volume 61, Number 241 (Friday, December 13, 1996)]
[Notices]
[Page 65598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31689]
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DEPARTMENT OF LABOR
Bureau of International Labor Affairs; U.S. National
Administrative Office; North American Agreement on Labor Cooperation;
Notice of Determination Regarding Review of Submission #9602
AGENCY: Office of the Secretary, Labor.
ACTION: Notice.
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SUMMARY: The U.S. National Administrative Office (NAO) gives notice
that on December 10, 1996, Submission #9602 was accepted for review
insofar as it pertains to the issues of freedom of association and the
right to organize, including the failure to insure that labor tribunals
are impartial and independent, the failure to ensure that labor
tribunal proceedings are fair, equitable and transparent, and the
failure to effectively enforce labor law. The allegations of the
submission that relate to the issue of minimum employment standards,
including overtime pay, were not accepted for review. The submission
was filed with the NAO on October 11, 1996 by the Communications
Workers of America (CWA), the Union of Telephone Workers of Mexico
(STRM), and the Federation of Unions of Goods and Services Companies
(FESEBS) and concerns the operations of an employer in Cananea, State
of Sonora, 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 compliance with the
objectives set forth in Articles 3 and 5 of the NAALC.
EFFECTIVE DATE: December 10, 1996.
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, D.C. 20210. Telephone: (202)
501-6653 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: On October 11, 1996 the CWA, STRM, and
FESEBS filed a submission with the NAO concerning allegations involving
the operations of an employer in Cananea, State of Sonora, Mexico. The
allegations of the submission relate to freedom of association and 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 and the right
to organize and minimum employment standards.
The procedural guidelines for the NAO, published in the Federal
Register on April 7, 1994, 59 FR 16660, 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 objective of the NAALC. However, the
guidelines permit the NAO to decline to review a submission if, inter
alia, the submission is not sufficiently specific to determine the
nature of the request and permit an appropriate review.
Submission #9602 relates to labor law matters in Mexico. A review
would 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 and 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 the submission is not
sufficiently specific to determine the nature of the request or to
permit appropriate review; therefore, review of that issue would not be
appropriate.
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.
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 compliance with the obligations agreed to under Articles 3 and
5 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 also will focus
on the impartiality and independence of tribunals that conduct or
review labor proceedings; and the fairness, equitability and
transparency of labor tribunal proceedings. 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, D.C. on December 10, 1996.
Irasema T. Garza,
Secretary, U.S. National Administrative Office.
[FR Doc. 96-31689 Filed 12-12-96; 8:45 am]
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