List of Completed Public Communications

A total of 25 public communications have been received by the National Administrative Offices (NAOs) of Canada, the United States and Mexico, under the North American Agreement on Labour Cooperation (NAALC) since its entry into force in January 1994. Fifteen of the public communications were directed at Mexico (two were withdrawn and one declined); eight at the U.S. (three were declined) and two at Canada (one was declined).

List of Completed Public Communications

US 940001 and US 940002

US 940001

This public communication was filed with the National Administrative Office (NAO) of the United States on February 14, 1994 by the International Brotherhood of Teamsters (IBT), American Federation of Labor - Congress of Industrial Organizations (AFL-CIO). The submission concerned allegations relating to freedom of association and the right to organize of workers at the Honeywell Manufacturas de Chihuahua, S.A., in the City of Chihuahua, Mexico.

US 940002

This public communication was filed by the United Electrical, Radio and Machine Workers of America (UE). It concerned allegations relating to freedom of association and the right to organize, specifically at a General Electric subsidiary, Compania Armadora, S.A. in Ciudad Juarez, State of Chihuahua, Mexico.

On April 15, 1994, both US 940001 and US 940002 submissions were accepted for review. After public hearings were held, a Public Report of Review was released. The U.S. NAO did not recommend Ministerial Consultations to the U.S. Secretary of Labor. Instead, a series of cooperative activities was suggested. As a result, tri-national workshops were held in Washington, D.C. in March and September 1995. These workshops focused on freedom of association and the right to organize, with experts from all three countries. Also, the three NAOs joined with representatives of government, business and organized labour in Montreal, Quebec, in March 1996, at a tri-national conference on industrial relations in the 21st century.

US 940003

This submission was filed by the International Labor Rights Fund, the Asociación Nacional de Abogados Democráticos (National Association of Democratic Lawyers), the Coalition for Justice in the Maquiladoras and the American Friends Service Committee. It concerned allegations of labour law violations related to union registration in a Sony Corporation subsidiary in Tamaulipas, Mexico. The U.S. NAO accepted this submission for review on October 13, 1994.

Following Ministerial Consultations, an action plan was developed and implemented. Canadian participation in the three seminars on union registration practices and freedom of association included representatives of labour relations boards from Alberta, Saskatchewan and Manitoba, as well as representatives of business, labour and academia. The U.S. government released a final report on the consultations, as well as a follow-up supplementary report.

US 940004

Further to US submission 94002, this submission was filed on September 12, 1994 by the United Electrical Radio and Machine Workers and concerned a subsidiary of the General Electric Corporation in Mexico. The Submitters withdrew the submission in January 1995, prior to the completion of the review process.

MEX 9501

This submission was filed by the Sindicato de Telefonistas de la República Mexicana (Telephone Workers Union of the Republic of Mexico) and alleged that a Sprint Corporation subsidiary in San Francisco was closed to avoid unionization of its mostly Hispanic workers. Ministerial Consultations led to the implementation of an action plan, including the preparation by the Secretariat of the Commission for Labor Cooperation of a study entitled "Plant Closings and Labor Rights". On November 25, 1997 the U.S. Court of Appeals overturned the decision by the National Labor Relations Board requiring the employer to reinstate the terminated employees. The Court ruled that the claim that the facility was closed because of union organizing activities was not substantiated.

US 9601

This submission concerned the representation of workers in the Mexican federal public service following the merger of three government departments. It was filed by Human Rights Watch - America, the International Labor Rights Fund and the Asociación Nacional de Abogados Democráticos (National Association of Democratic Lawyers). The submission was presented to the U.S. NAO in June 1996 and a public hearing was held in Washington in December 1996. A report from the U.S. NAO recommending Ministerial Consultations was released on January 27, 1997. As a result of the consultations, an action plan was adopted on September 3, 1997. As part of the action plan, a seminar on International Treaties and National Constitutions took place in Baltimore, Maryland on December 4, 1997. A request by the submitters to reopen the submission was refused by the U.S. NAO in April 1998.

US 9602

On October 11, 1996, the U.S. NAO received a submission from the Communications Workers of America and AFL-CIO, involving alleged violations of workers' freedom of association in an attempt to form a union at the Maxi-Switch facility in Cananea, Sonora, Mexico. The submission alleged a number of instances in which Mexico failed to enforce its labour laws. It was accepted for review on December 10, 1996. The submission was withdrawn in April 1997, just before a scheduled public hearing, apparently because the union in question was registered and workers who had allegedly been dismissed from employment for their union activities were granted new hearings.

CAN 98-2 and MEX 9804

In September 1998, a coalition of American and Mexican groups, led by the Yale Law School Workers' Rights Project, submitted public communications to both the Canadian and Mexican NAOs concerning alleged lack of enforcement by the U.S. of minimum wage and overtime protection legislation in workplaces employing foreign nationals. The communications maintain that, as a result of a Memorandum of Understanding between two U.S. government departments, immigrant workers in the U.S. are deterred from reporting wage and hour violations to the U.S. Department of Labor. The submissions state that the Memorandum of Understanding required Department of Labor inspectors to examine the immigrant status of workers and report suspected violations to the Immigration and Naturalization Service. The submitters assert immigrant workers were reluctant to file a wage and hour complaint, because it could lead to deportation for themselves, their co-workers, friends and family.

The Mexican NAO accepted the communication for review on November 23, 1998. On the same day, the U.S. government announced that a new Memorandum of Understanding had been signed, with the intention of clarifying the roles of the Department of Labor and the Immigration and Naturalization Service and allaying the fears of the immigrant community regarding the reporting of labour abuses.

In response to this communication, as well as two others (see US 9901 and US 2000-01), an Action Plan was signed by the U.S. and Mexican Secretaries of Labor on June 11, 2002. The Action Plan includes the development of informational materials by the U.S. Department of Labor (DOL), addressing workplace rights of migrant workers in the United States. The materials such as brochures, pamphlets, and videos are to be produced in Spanish and are to be disseminated in areas of highest concentration of migrant workers in the United States. The U.S. DOL and the Secretariat of Labor and Social Welfare of the United Mexican States (STPS) will promote ongoing collaboration between the governments for the replication throughout the United States of model efforts to promote the protection of labor rights of migrant workers.

The Canadian NAO, at the request of the submitters, agreed to postpone making a decision on whether to accept the communication in order to review the implications of the new Memorandum of Understanding. On April 27, 1999, the Canadian NAO informed the submitters that in the absence of new information, the file would be closed.

US 9801

On August 17, 1998, the U.S. received a submission concerning the Mexican government's handling of a strike by AeroMexico flight attendants. The Association of Flight Attendants, AFL-CIO, submitted this communication. On October 19, 1998, the U.S. NAO declined the submission on the grounds that it would not further the objectives of the Agreement.

US 9802

On September 28, 1998, the U.S. received a submission from the Florida Tomato Exchange concerning the use of child labour in the production of fruit and vegetables in Mexico. Initially, the submitter requested that the submission be held in abeyance pending additional information. On October 4, 1999, the U.S. NAO decided to close the file since no further information was provided by the submitter.

US 9803

On October 19, 1998, the U.S. received a submission from the International Brotherhood of Teamsters, Teamsters Canada, Local 973, the Quebec Federation of Labour and the International Labor Rights Fund concerning the enforcement of labour legislation in Canada.

The communication focused on the closure of a McDonald's franchise in St-Hubert, Quebec, during union certification proceedings. The submission was accepted for review on December 18, 1998. The NAO ended its review on April 21, 1999, after the submitters informed officials of the U.S., Canada and the Government of Quebec, that there was no need to continue the review process and asked the U.S. NAO to close the file.

US 9804

On December 2, 1998, the U.S. received a public communication from a number of Canadian, U.S. and Mexican groups including the Canadian Union of Postal Workers, the Organization of Rural Route Mail Carriers, the Canadian Labour Congress, Teamsters Canada, the United Steelworkers of America (Canada), the Canadian Association of Labour Lawyers, the Réseau québécois sur l'intégration continentale, the Quebec Federation of Labour and the Communications, Energy and Paperworkers Union of Canada. The communication focused on issues related to collective bargaining for rural mail couriers at Canada Post.

On February 1, 1999, the U.S. declined the submission on the grounds that it did not raise issues concerning the application or enforcement of labour law.

CAN 99-1

On April 14, 1999, the Canadian NAO received a public communication from the U.S. based Labor Policy Association (representing human resource officers from more than 250 private sector employers with 12 million employees) and EFCO Corporation (a manufacturer of commercial windows, doors and walls in the U.S.). The communication concerned the application, interpretation and enforcement by the U.S. National Labor Relations Board of Section 8 (a) (2) of the National Labor Relations Act which limits employee involvement in labour / management committees in non-union facilities.

On June 15, 1999, Canada decided to decline a review of this public communication on the grounds that the submitters had not demonstrated that the U.S. failed to comply with its obligations under the NAALC, including its enforcement of labour law. The submitters asked for reconsideration but did not submit any additional information. The NAO formally closed the file on May 15, 2000.

U.S.2001-01

On June 29, 2001 the U.S. NAO received a public communication submitted by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) and the Paper, Allied-Industrial, Chemical and Energy Workers International Union (PACE International Union). It alleged that the Mexican government failed to fulfill its commitment in a May 18, 2000 Ministerial Agreement to make efforts to promote the use of eligible voter lists, secret ballots and neutral voting places in union elections. The communication also alleged that the Mexican government did not comply with several of its NAALC obligations in relation to a March 2, 2001 bargaining representative election at the Duro Bag Manufacturing Corp. in Tamaulipas. The NAALC obligations discussed were those pertaining to the enforcement of laws respecting the freedom of association, right to organize and collectively bargain (Article 3, Labor Principles 1 and 2), ensuring appropriate access to administrative and other kinds of labour tribunals (Article 4) and ensuring that labour tribunals operate in a fair, equitable fashion with appropriate remedies (Article 5).

The U.S. NAO declined to review the public communication on February 22, 2002, stating that a review would not further the objectives of the NAALC and that there is no provision in Mexican labour law governing the use of secret ballots in trade union representation elections.

Current Public Communications

US 9701

This submission was received by the U.S. NAO in May 1997 and accepted for review in July 1997. It was filed by the International Labor Rights Fund, Human Rights Watch, and the National Association of Democratic Lawyers of Mexico (Asociación Nacional de Abogados Democráticos - ANAD) and concerns alleged discrimination against women workers and women job applicants in Mexico's export processing sector (maquiladoras). The submission alleges that women are required to undergo pre- and post-employment pregnancy screening as a condition of employment and that pregnant women are denied employment or pressured into resigning.

A public hearing was held November 19, 1997, in Texas and a report recommending Ministerial Consultations was released on January 12, 1998. The implementation of the action plan agreed to on October 21, 1998 began in November of that same year. On March 1 and 2, 1999, a tri-national conference on workplace protections for women was held in Merida, Mexico. The U.S. and Mexico held information sessions in Texas, Tamaulipas, and Puebla on August 17 and 18, 1999 and May 30, 2000, respectively. The Secretariat is preparing a report on the situation in all three countries.

US 9702

This submission was received by the U.S. NAO on October 30, 1997 and accepted for review on November 17, 1997. It was filed by the Support Committee for Maquiladora Workers (SCMW), the National Association of Democratic Lawyers (ANAD), the International Labor Rights Fund (ILRF), and the Union of Metal, Steel, Iron, and Allied Workers (Sindicato de Trabajadores de la Industria Metálica, Acero, Hierro, Conexos y Similares - STIMAHCS). This submission concerns freedom of association and occupational safety and health issues at an auto parts manufacturing plant in Tijuana, Mexico.

According to the submitters, workers at the plant attempted to remove the established union and replace it with another union. The workers struck over wages and health and safety issues, as well as for recognition of their union. The submission alleges that the workers were subjected to harassment, intimidation and dismissal by the company in an effort to defeat the organizing drive.

On April 28, 1998, a public report of review on the freedom of association aspects of the submission was released. A report on the occupational safety and health issues followed on August 11, 1998. Both reports recommended Ministerial Consultations. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labour and Social Welfare signed an action plan to be implemented by August 2001 covering US 9702 and US 9703. On June 23, 2000, a seminar on freedom of association was held in Tijuana (Baja California).

As part of the ministerial agreement, the Mexican Department of Labor and Social Welfare will continue to promote the registry of collective bargaining. Mexico will also facilitate a trilateral seminar to discuss law and practice governing Mexican labour boards, including the rules and procedures to assure their impartiality. In addition, U.S. and Mexican experts will participate in a government-to-government meeting concerning occupational safety and health issues. (Also see US 9703).

US 9703

This submission was received on December 15, 1997 and accepted for review on January 30, 1998. It raised concerns about enforcement by the Mexican government of legislation related to freedom of association and protection of the right to organize; right to bargain collectively and prevention of occupational injuries and illnesses at the Echlin-owned ITAPSA export processing plant in Ciudad de los Reyes. The submission was filed by the International Brotherhood of Teamsters, AFL-CIO, United Electrical, Radio and Machine Workers of America, Canadian Auto Workers, Union of Needle Trades, Industrial and Textile Employees, United Paperworkers International Union, United Steelworkers of America, and the Steelworkers’ Canadian National Office.

A public hearing was held on March 23, 1998 in Washington D.C. A public report which recommended Ministerial Consultations was released in July 1998. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labour and Social Welfare signed an action plan covering US 9702 and US 9703. On June 23, 2000, a seminar on freedom of association was held in Tijuana (Baja California).

Mexico will also facilitate a trilateral seminar to discuss law and practice governing Mexican labour boards, including the rules and procedures to assure their impartiality. In addition, U.S. and Mexican experts will participate in a government-to-government meeting concerning occupational safety and health issues. (Also see US 9702 and CAN-98-1).

MEX 9801

The Mexican National Administrative Office accepted a submission on July 10, 1998 alleging that the U.S. failed to enforce its laws on freedom of association, right to organize and bargain collectively, prevention of occupational injuries and illnesses, and establishment of minimum employment standards in relation to unionization efforts at Solec International Inc., a solar panel manufacturing company in Carson, California. The communication was submitted by the Oil, Chemical and Atomic Workers International Union, Local 1-675, OCAW, the Sindicato de Trabajadores de Industria y Comercio; the Unión de Defensa Laboral Comunitaria, and the Comité de Apoyo para los Trabajadores de las Maquiladoras.

A public report which recommended Ministerial Consultations was released on August 20, 1999. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labor and Social Welfare signed an action plan covering MEX 9801, MEX 9802, and MEX 9803.

As part of the plan of action contained in the agreement, the U.S. NAO hosted the Mexican NAO in a government-to-government meeting held in Washington, DC on May 23 and 24, 2001, with a follow-up session in Mexico City the week after. The U.S. NAO organized a public forum entitled, “Promoting Dialogue among Migrant Agricultural Workers, Growers and Government Officials” in Yakima, WA, on August 8, 2001. The plan of action also called for a tri-national guide on migrant workers, which the NAALC Secretariat is currently preparing. (see also MEX 9802 and MEX 9803).

MEX 9802

This submission, which Mexico also accepted on July 10, 1998, concerns the alleged failure of U.S. labour law to protect workers' rights in the Washington State apple industry, a situation which the submitters claim is inconsistent with U.S. obligations under the NAALC in regard to freedom of association, right to organize and bargain collectively, establishment of minimum employment standards, prevention of occupational injuries and illnesses and protection of migrant workers. The communication was submitted by the Unión Nacional de Trabajadores (UNT), Frente Auténtico del Trabajo (FAT), Frente Democrático Campesino (FDC), and the Sindicato de Trabajadores de la Industria Metálica, Acero, Hierro, Conexos y Similares (STIMACHS), assisted by the International Labor Rights Fund.

A public report which recommended Ministerial Consultations was released on August 31, 1999. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labour and Social Welfare signed an action plan covering MEX 9801, MEX 9802 and MEX 9803.

A seminar on the rights of women agricultural workers was held in Yakima, Washington on July 1, 2000. In addition, a public forum entitled “Promoting Dialogue among Migrant Agricultural Workers, Growers and Government Officials” was held in Yakima, WA, on August 8, 2001. A public forum was also held in Maine on June 5, 2002, to explore migrant and immigrant worker issues. The plan of action also called for a tri-national guide on migrant workers, which the NAALC Secretariat is currently preparing. (Also see MEX 9801 and MEX 9803).

MEX 9803

This submission was accepted by Mexico for review on August 10, 1998. It alleges that the United States has failed to guarantee Mexican migrant workers employed at an egg farm in Maine the protection of American law. The Confederación de Trabajadores de México (CTM) claim that the workers' rights to minimum employment standards, elimination of discrimination in the workplace, prevention of occupational injuries and illnesses, and compensation for occupational injury and illnesses have been violated. A group of workers, joined by the Mexican government as co-plaintiff, launched a legal action.

A public report which recommended Ministerial Consultations was released on December 3, 1999. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labour and Social Welfare signed an action plan to be implemented by August 2001 covering MEX 9801, MEX 9802 and MEX 9803.

A seminar on the rights of women agricultural workers was held in Yakima, Washington on July 1, 2000. The U.S. NAO organized a public forum entitled, "Promoting Dialogue among Migrant Agricultural Workers, Growers and Government Officials" in Yakima, WA, on August 8, 2001. A public forum was also held in Maine on June 5, 2002, to explore migrant and immigrant worker issues. The plan of action also called for a tri-national guide on migrant workers, which the NAALC Secretariat is currently preparing. (see also MEX 9801 and MEX 9802).

CAN 98-1

This communication was submitted by the United Steelworkers of America (Canadian National Office) and 47 other labour and non-governmental organizations in Canada, the United States and Mexico. It was accepted for review on June 4, 1998.

This submission raises concerns about the enforcement of labour legislation covering occupational safety and health and freedom of association at an auto parts manufacturing plant in Ciudad de Los Reyes near Mexico City.

A public meeting on freedom of association issues was held on September 14, 1998 and a follow-up meeting on the occupational safety and health issues was held on November 5. A public report dealing with freedom of association and recommending Ministerial Consultations was issued on December 11. A second report on the occupational safety and health aspects of the communication was released on March 12, 1999. On October 4, 1999, Mexico agreed to hold Ministerial Consultations on the issues raised in the public reports. These consultations are ongoing. (See also US 9703).

US 9901

On November 10, 1999, the U.S. NAO received a Public Communication from the U.S. based Association of Flight Attendants and the Association of Flight Attendants of Mexico. This communication is based on events and work conditions at a Mexican airline company and concerns the alleged failure of the Mexican government to enforce its labour legislation covering freedom of association and protection of the rights to organize and bargain collectively, minimum employment standards, as well as the prevention of occupational injuries and illnesses. The U.S. NAO accepted this Communication for review on January 7, 2000, and held a public hearing on March 23 in Washington, D.C. A public report was released on July 7, 2000, recommending Ministerial Consultations.

In response to this communication, as well as two others (see US 2000-01 and MEX 9804), an Action Plan was signed by the U.S. and Mexican Secretaries of Labor on June 11, 2002. The Action Plan includes a requirement for an information exchange between labour officials from Mexico and the United States, regarding the different types of unions in each country (e.g. craft or guild unions, company-wide unions, sectoral or industry unions) and their relevant rights related to freedom of association and collective bargaining. A public seminar is to be held in Mexico for this purpose.

US 2000-01

On July 3, 2000, the U.S. NAO received a public communication submitted by a group of 25 organizations from the United States, Mexico and Canada. The communication is based on work conditions at two automotive plants in the state of Tamaulipas, Mexico. It concerns the alleged persistent failure by the Department of Labor and Social Welfare (STPS), the Mexican Social Security Institute (IMSS), and the Health Department (SSA), to enforce health and safety laws and regulations applicable to the workplace, and to provide appropriate medical referral and disability benefits for work-related accidents and illnesses.

This public communication was accepted for review on September 1, 2000. A public hearing was held in December 2000 and on April 6, 2001; the U.S. NAO issued its Public Report of Review recommending Ministerial Consultations.

In response to this communication, as well as two others (see US 9901 and MEX 9804), an Action Plan was signed by the U.S. and Mexican Secretaries of Labor on June 11, 2002, which includes a call for the establishment of a working group of government health and safety experts. This working group will review the issues raised in this communication and respond by formulating technical recommendations, developing and evaluating technical cooperation projects for improving health and safety in the workplace, and identifying other occupational safety and health issues for appropriate collaboration. Canada has decided to participate fully in this working group. The first meeting of the working group was held in Mexico on July 8 and 9, 2002. They will continue to meet biannually to address OSH issues.

MEX 2001-1

The Mexican NAO received a public communication on October 24, 2001 and accepted it for review on November 15, 2001. The communication alleges that the United States failed to fulfill its commitment to effectively enforce workers' compensation and occupational safety and health laws in the state of New York. The communication was submitted by individual workers and several New York immigrant worker rights groups, including the Chinese Staff and Workers' Association (CSWA), National Mobilization against Sweatshops (NMASS), Workers' Awaaz and Asociación Tepeyac.

In addition to alleging that the United States has not complied with its NAALC Article 3 obligation to promote Labor Principles 9 (prevention of occupational injuries and illnesses) and 10 (compensation in cases of occupational injuries and illnesses), the submission alleges that the United States and the State of New York have not complied with the NAALC Article 5(1)(d) obligation to ensure that administrative proceedings in labour and employment matters "are not unnecessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays."

The public communication also alleges that hearings before New York workers' compensation administration law judges do not follow formal rules of procedure or evidence, resulting in arbitrary decisions that cause the workers' compensation claims process to last between 4 to 10, and sometimes 20 years. Submitters also allege that the New York Workers' Compensation Board rules and procedures do not provide for translators for workers who do not speak English. The submitters argue that New York Workers' Compensation rules and procedures allow employers and private workers' compensation insurance carriers to misuse the process to avoid timely payment of benefits in cases of workplace injury and that this operates as a disincentive to maintaining a safe and healthy workplace.