[Federal Register Volume 65, Number 174 (Thursday, September 7, 2000)]
[Notices]
[Pages 54301-54302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22979]


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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 U.S. Submission #2000-01

AGENCY: Office of the Secretary, Labor.

ACTION: Notice.

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SUMMARY: The U.S. National Administrative Office (NAO) gives notice 
that on September 1, 2000, U.S. Submission #2000-01 was accepted for 
review. The submission was filed with the NAO on July 3, 2000, by 
Current and Former Workers at Auto Trim and Custom Trim/Breed Mexicana, 
the Coalition for Justice in the Maquiladoras, and 22 additional unions 
and nongovernmental organizations in Canada, Mexico, and the United 
States. The submission raises concerns about occupational safety and 
health and compensation in cases of occupational injuries and illnesses 
at Auto Trim of Mexico in Matamoros, Tamaulipas, and at Custom Trim/
Breed Mexicana in Valle Hermoso, Tamaulipas.
    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 the NAALC.

EFFECTIVE DATE: September 1, 2000.

FOR FURTHER INFORMATION CONTACT: Lewis Karesh, Acting Secretary, U.S. 
National Administrative Office, Department of Labor, 200 Constitution 
Avenue, NW, Room C-4327, Washington, DC 20210. Telephone: (202) 501-
6653 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: On July 3, 2000, U.S. Submission #2000-01 
was filed by Current and Former Workers at Auto Trim and Custom Trim/
Breed Mexicana, the Coalition for Justice in the Maquiladoras, and 22 
additional unions and nongovernmental organizations in Canada, Mexico, 
and the United States. The submission raises concerns about 
occupational safety and health and compensation in cases of 
occupational injuries and illnesses at Auto Trim of Mexico in 
Matamoros, Tamaulipas, and at Custom Trim/Breed Mexicana in Valle 
Hermoso, Tamaulipas.
    The submitters allege that workers at both plants suffer illnesses 
and injuries related to exposure to toxic substances and muscular-
skeletal disorders caused by poor ergonomics. The submitters also 
maintain that illnesses and injuries are often unreported or under-
reported and inadequately treated and compensated. The submitters 
allege that the frequency with which these problems occur is due to the 
Mexican government's persistent failure to enforce occupational safety 
and health laws and regulations with regard to the two firms. They 
assert that the Mexican government is in violation of NAALC Article 
3(1)(b) in failing to monitor compliance and investigate suspected 
violations; Article 3(1)(d) in failing to require record-keeping and 
reporting; Article 3(1)(g) in failing to initiate proceedings in a 
timely manner to seek appropriate sanctions or remedies for violation 
of labor law; Article 4(1) in failing to guarantee an individual's 
access to relevant tribunals for the enforcement of its labor law; 
Article 5(1) in failing to ensure that all proceedings for the 
enforcement of labor law are fair, equitable, and transparent, comply 
with due process of law, are open to the public, and are not 
unnecessarily complicated or involve unwarranted delays; Article 7(a) 
in failing to ensure that public information is available related to 
its labor law and enforcement and compliance procedures; and Article 
7(b) in failing to promote public education regarding its labor law.
    In addition, the submitters charge that the Mexican government has 
shown disregard for the principles set out in the preamble to the 
NAALC. Paragraph 1 of the preamble, for example, refers to the parties' 
resolve in enacting NAFTA to protect, enhance, and enforce basic 
workers' rights. In Paragraph 7, the parties resolve to promote high-
skill, high productivity economic development in North America by inter 
alia, encouraging employers and employees in each country to comply 
with labor laws and to work together in maintaining a progressive, 
safe, and healthy working environment.
    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 objectives of the NAALC.
    U.S. Submission #2000-01 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 improving

[[Page 54302]]

working conditions and living standards in each Party's territory, 
promoting the set of labor principles, and encouraging publication and 
exchange of information, data development, and coordination to enhance 
mutually beneficial understanding of the laws and institutions 
governing labor in each Party's territory.
    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 issues of occupational safety and health and 
compensation in cases of occupational illnesses and injuries raised in 
the submission, including the Government of Mexico's compliance with 
the obligations agreed to under Articles 3, 4, 5, and 7 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 September 1, 2000.
Lewis Karesh,
Acting Secretary, U.S. National Administrative Office.
[FR Doc. 00-22979 Filed 9-6-00; 8:45 am]
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