[Federal Register Volume 63, Number 23 (Wednesday, February 4, 1998)]
[Notices]
[Page 5820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2708]


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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 on Submission No. 9702 and Submission No. 9703

AGENCY: Office of the Secretary, Labor.

ACTION: Notice of hearing site and Notice of acceptance.

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SUMMARY: Submission 9702: On January 14, 1998, the Department provided 
notice in the Federal Register of a hearing, open to the public, on 
Submission No. 9702. The notice stated that the hearing would be held 
in San Diego, California, on February 18, 1998, commencing at 9:00 
a.m., at a location to be announced. This notice provides the address 
for the hearing on Submission No. 9702.
    Submission 9703: The U.S. National Administrative Office (NAO) 
gives notice that on January 30, 1998, Submission 9703 was accepted for 
review. The submission was filed with the NAO on December 15, 1997. The 
submission raises issues of freedom of association violations at an 
export processing plant in Ciudad de los Reyes, in the State of Mexico. 
The submission also raises issues of occupational safety and health.
    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: January 30, 1998.

SUPPLEMENTARY INFORMATION:

Submission No. 9702

    The hearing will be held at Room S250, San Diego Concourse, 202 C 
St., MS57, San Diego, California, 92101. Tel: 619-615-4100.
    Please refer to the notice published in the Federal Register on 
January 14, 1998 (63 FR 2266-2267) for supplementary information.

Submission No. 9703

    The submission was filed with the NAO on December 15, 1997 by the 
Echlin Workers Alliance, a group from the United States and Canada, 
which includes the International Brotherhood of Teamsters; the Canadian 
Auto Workers; the Union of Needletrades and Industrial Textile 
Employees; the United Electrical, Radio and Machine Workers of America; 
the United Paperworkers International Union; and the United 
Steelworkers of America. Twenty-four other organizations, including 
non-governmental organizations, human rights groups and labor unions 
from the three NAFTA countries are cited as concerned organizations in 
the submission. The submitters allege that when workers at the ITAPSA 
export processing plant in Ciudad de los Reyes, in the State of Mexico, 
attempted to organize an independent union, they faced intimidation and 
harassment from the company and the existing union. The submitters also 
allege that a union representation election conducted by the 
appropriate labor tribunal was held in an atmosphere of intimidation 
and violence and in such a way as to guarantee representation to the 
union favored by management and the government.
    The submitters assert that Mexico has failed to enforce its laws 
relating to freedom of association and the right to bargain 
collectively through appropriate government action as well as its labor 
laws relating to the prevention of occupational injuries and illnesses 
in violation of the NAALC article 3(1). The submitters also assert that 
the composition of the labor tribunal in this case is such as to be in 
non-compliance with Article 5(4) of the NAALC which commits the Parties 
to ensuring that tribunals that conduct review proceedings are 
impartial and independent and do not have any substantial interest in 
the outcome of the matter.
    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 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 No. 9703 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 promoting certain labor 
principles, including freedom of association and prevention of 
occupational injuries and illnesses; 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.

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).

    Signed at Washington, D.C. on January 30, 1998.
Lewis Karesh,
Deputy Secretary, U.S. National Administrative Office.
[FR Doc. 98-2708 Filed 2-3-98; 8:45 am]
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