[Federal Register Volume 77, Number 18 (Friday, January 27, 2012)]
[Notices]
[Pages 4366-4367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1765]


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DEPARTMENT OF LABOR

Office of the Secretary


North American Agreement on Labor Cooperation Notice of 
Determination Regarding Review of Submission 2011-02

AGENCY: Bureau of International Labor Affairs, U.S. Department of 
Labor.

ACTION: Notice.

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SUMMARY: The Office of Trade and Labor Affairs (OTLA) gives notice that 
on January 13, 2012, Submission 2011-02 was accepted for 
review pursuant to Article 16.3 of the North American Agreement on 
Labor Cooperation (NAALC).

[[Page 4367]]

    The Sindicato Mexicano de Electricistas (SME), a Mexican union, 
filed the submission with OTLA on November 14, 2011. The SME also filed 
the submission on behalf of 93 other organizations. The submitters 
allege that the Government of Mexico (GOM) failed to fulfill its 
obligations under Articles 2 through 6 of the NAALC. The submission 
alleges that these violations of the NAALC stem from a number of 
actions or failures to take action on the part of the GOM starting with 
the issuance of a Presidential decree on October 10, 2009 dissolving 
the state-owned electrical power company, Central Light and Power (Luz 
y Fuerza del Centro), thereby in effect terminating the employment of 
over 44,000 SME members. According to the submission, the GOM's 
subsequent actions or lack thereof denied these workers their rights 
under Mexican law related to freedom of association, the right to 
organize, the right to bargain collectively, and the prevention of 
occupational injuries and illnesses. If substantiated, such statements 
in the submission could constitute a failure on the part of Mexico to 
comply with its obligations under the NAALC.
    The objective of the review of the submission will be to gather 
information so that OTLA can better understand the allegations therein 
and publicly report on the U.S. Government's views regarding whether 
the GOM's actions were consistent with its obligations under the NAALC.

DATES: Effective Date: January 13, 2012.

FOR FURTHER INFORMATION CONTACT: Gregory Schoepfle, Director, OTLA, 
U.S. Department of Labor, 200 Constitution Avenue NW., Room S-5303, 
Washington, DC 20210. Telephone: (202) 693-4900. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: Article 16.3 of the NAALC requires each 
Party's National Administrative Office (NAO) to provide for the 
submission, receipt and review of public communications of labor law 
matters arising in the territory of another Party. In the United 
States, the NAO was re-designated as OTLA in a Federal Register notice 
issued on December 21, 2006 (71 FR 76691 (2006)). The same Federal 
Register notice informed the public of the Procedural Guidelines that 
OTLA would follow for the receipt and review of public submissions. 
These Procedural Guidelines are available at http://www.dol.gov/ilab/programs/otla/proceduralguidelines.htm. According to the definitions 
contained in the Procedural Guidelines (Section B) a ``submission'' is 
``a communication from the public containing specific allegations, 
accompanied by relevant supporting information, that another Party has 
failed to meet its commitments or obligations arising under a labor 
chapter or Part Two of the NAALC.''
    The Procedural Guidelines specify that OTLA shall consider six 
factors, to the extent that they are relevant, in determining whether 
to accept a submission for review:
    1. Whether the submission raises issues relevant to any matter 
arising under a labor chapter or the NAALC;
    2. Whether a review would further the objectives of a labor chapter 
or the NAALC;
    3. Whether the submission clearly identifies the person filing the 
submission, is signed and dated, and is sufficiently specific to 
determine the nature of the request and permit an appropriate review;
    4. Whether the statements contained in the submission, if 
substantiated, would constitute a failure of the other Party to comply 
with its obligations or commitments under a labor chapter or the NAALC;
    5. Whether the statements contained in the submission or available 
information demonstrate that appropriate relief has been sought under 
the domestic laws of the other Party, or that the matter or a related 
matter is pending before an international body; and
    6. Whether the submission is substantially similar to a recent 
submission and significant, new information has been furnished that 
would substantially differentiate the submission from the one 
previously filed.

U.S. Submission 2011-2 alleges that the GOM, through a 
Presidential Decree dated October 10, 2009, terminated 44,000 workers 
of Luz y Fuerza del Centro without the legally required notice; failed 
to transfer the employer's obligations to the new employer as a 
substitute employer; failed to give fired union workers preference in 
the hiring process; failed to guarantee the right to freedom of 
association; failed to negotiate economic bargaining issues with the 
union; failed to effectively enforce its labor inspection laws 
regarding occupational safety and health (OSH) regulations; and failed 
to provide an effective judicial process for the terminated workers. In 
particular, the SME alleges that the Mexican government violated 
Articles 41, 47, 53, 154, 357, 358, 386, 387, 433, 434, 435, 438, 541, 
542, and 900 through 919 of the Mexican Federal Labor Law, and Articles 
9, 14, and 17 of the Mexican Constitution. U.S. Submission 
2011-02 alleges that Mexico has failed to effectively enforce 
its labor law under NAALC Articles 2 through 6, and relates to labor 
law enforcement matters in Mexico.
    In determining whether to accept the submission, OTLA considered 
the relevant factors in light of the statements in the submission and 
additional supplementary information provided by the submitters. The 
submission clearly identifies the submitters, is signed and dated, and 
is sufficiently specific to determine the nature of the request and 
permit an appropriate review. It also raises issues relevant to labor 
law matters arising under the NAALC and a review would appear to 
further the objectives of the NAALC. In addition, it appears that 
statements contained in the submission could, if substantiated, 
constitute a failure of the GOM to comply with its NAALC obligations. 
The submission described the extensive efforts of the SME to seek 
appropriate relief under domestic laws and procedures. Accordingly, the 
OTLA has accepted the submission for review.
    OTLA's decision to accept the submission for review 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 of 
the submission will be to gather information so that OTLA can better 
understand the allegations therein and publicly report on the issues 
raised by the submission. OTLA will complete the review and issue a 
public report within 180 days, unless circumstances, as determined by 
OTLA, require an extension of time, as set out in the Procedural 
Guidelines. The public report will include a summary of the review 
process, as well as any findings and recommendations.

    Signed at Washington, DC, on January 13, 2012.
Sandra Polaski,
Deputy Undersecretary for International Affairs.
[FR Doc. 2012-1765 Filed 1-26-12; 8:45 am]
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