[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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