[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Notices]
[Pages 62075-62076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30491]
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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 #9702
AGENCY: Office of the Secretary, Labor.
ACTION: Notice.
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[[Page 62076]]
SUMMARY: The U.S. National Administrative Office (NAO) gives notice
that on November 17, 1997, Submission #9702 was accepted for review.
The submission was filed with the NAO on October 30, 1997, by the
Support Committee for Maquiladora Workers (SCMW), the International
Labor Rights Fund (ILRF), the National Association of Democratic
Lawyers of Mexico (ANAD), and the Union of Metal, Steel, Iron, and
Allied Workers (Sindicato de Trabajadores de la Industria Metalica,
Acero, Hierro, Conexos y Similares--STIMAHCS) of Mexico and raises
issues of freedom of association involving workers at an export
processing (maquiladora) plant.
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 objectives 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
obligations set forth in Articles 3 and 5 of the NAALC.
EFFECTIVE DATE: November 17, 1997.
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 30, 1997, SCMW, ILRF, ANAD and
STIMAHCS filed a submission with the NAO concerning allegations
involving freedom of association among workers at an export processing
(maquiladora) plant. The submission contains information alleging that
workers at the Han Young maquiladora plant in Tijuana, Baja California,
Mexico, were harassed and intimidated because of their support for an
independent union. It is also alleged that several union supporters
were fired and one was physically attacked by the plant manager.
Finally, the submission alleges that the local Conciliation and
Arbitration Board (CAB) failed to enforce the appropriate provisions of
the Mexican labor law.
The submission maintains that Mexico is in violation of NAALC
Article 5(4) in failing to ensure that its labor tribunal proceedings
are impartial and independent and do not have a substantial interest in
the outcome of the matter; Article 5(1) in failing to ensure that such
proceedings are fair, equitable and transparent; Article 5(1)(d) in
failing to ensure that such proceedings are not unnecessarily
complicated and do not entail unwarranted delays; Article 5(2)(b) in
failing to ensure that final decisions in labor proceedings are made
available without undue delay; and 3(1)(g) in failing to enforce its
labor laws protecting workers' rights through appropriate actions.
The submission asserts that Mexico has failed to enforce its labor
laws regarding freedom of association, occupational safety and health,
wages, payment of wages, seniority, and profit sharing as well as the
Mexican Constitution which guarantees freedom of association. Finally,
the submission alleges that Mexico is in violation of Convention 87 of
the International Labor Organization (ILO) on freedom of association,
which Mexico has ratified, and ILO Convention 98 on freedom of
association and collective bargaining, which Mexico has not ratified
but is nevertheless bound by as a member of the ILO.
Article 16(3) of the NAALC provides for the review of labor law
matters in Canada and Mexico by the NAO.
The procedural guidelines for the NAO, published in the Federal
Register on April 7, 1994, 59 Fed. Reg. 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 objectives of the NAALC.
Submission #9702 relates to labor law matters in Mexico. A review
would appear to further the objectives of the NAALC, as set out in
Article 1 of the NAALC, among them freedom of association; promoting
compliance with and effective enforcement by each Party of, its labor
law; and fostering transparency in the administration of labor law.
Accordingly, this submission has been accepted for review of the
allegations raised therein. 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 objectives of the review will be to gather information to
assist the NAO to better understand and publicly report on the right to
organize and freedom of association raised in the submission, including
the Government of Mexico's compliance with the obligations agreed to
under Articles 3 and 5 of the NAALC. 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 November 17, 1997.
Lewis Karesh,
Deputy Secretary, U.S. National Administrative Office.
[FR Doc. 97-30491 Filed 11-19-97; 8:45 am]
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