6. Recommendation

Review of Public Communication CAN 2003 – 1

<< Analysis and Findings | Table of Contents | PDF Version >>

The NAO makes the following recommendation in the spirit of Cooperative Consultations and in a desire to build on our comparative knowledge and understanding of labour law and its enforcement in North America.

Pursuant to Article 22 of the NAALC, which provides that a Party may request in writing consultations with another Party at the ministerial level regarding any matter within the scope of the Agreement, the NAO recommends that the Minister of Labour seek consultations with the Mexican Secretary of Labour and Social Welfare on the following issues related to freedom of association:

1. ensuring timely and predictable union registration procedures;
2. how the requirement of the Agreement that labour boards (Juntas de Conciliación y Arbitraje in Mexico) be impartial and independent and not have any substantial interest in the outcome of decisions is respected in deciding upon union registration applications;
3. the enforcement of protections against interference in workers' rights to organize a union of their choosing, including layoff procedures and remedies to unjust dismissals; and
4. the dissemination of information on the content of collective bargaining agreements to union members and other interested parties.

The Canadian NAO may provide further recommendations to the Minister upon receipt of the following additional information from the Mexican NAO, or within 30 days, whichever is sooner, with respect to enforcement of occupational safety and health and minimum employment standards:

1. copies of the occupational safety and health STPS inspection reports;
2. OSH matters that were examined by inspectors, any violations found, and any steps taken to address these violations;
3. information regarding minimum employment standards inspections at either plant, and if any, copies of the inspectors' reports;
4. the actions taken by the JLCA with respect to the collective suspension of employment at both plants; and
5. whether notification to the public prosecutor' office was given when employers at both plants failed to make timely payment of wages to their workers.

______________________________
April 12, 2005

<< Analysis and Findings | Table of Contents | PDF Version >>