[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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