Bureau of International Labor Affairs; Office of Trade Agreement
Implementation; North American Agreement on Labor Cooperation; Notice
of Determination Regarding Review of U.S. Submission 2005-03
[01/12/2006]
Volume 71, Number 8, Page 2067
[[Page 2067]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Office of the Secretary
Bureau of International Labor Affairs; Office of Trade Agreement
Implementation; North American Agreement on Labor Cooperation; Notice
of Determination Regarding Review of U.S. Submission 2005-03
AGENCY: Bureau of International Labor Affairs, U.S. Department of
Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Office of Trade Agreement Implementation (OTAI) gives
notice that on January 6, 2006, U.S. Submission 2005-03 was
accepted for review pursuant to Article 16(3) of the North American
Agreement on Labor Cooperation (NAALC). The submission was filed with
the OTAI on October 14, 2005, by The Progressive Union of Workers of
the Textile Industry, the Manufacturing, Cutting and Confection of
Fabric and Garments in General and Related and Similar Industries in
the Mexican Republic, a member of the ``Vanguardia Obrera'' Workers
Federation of the Revolutionary Confederation of Workers and Peasants
(FTVO-CROC), with the support of the U.S. Labor Education in the
Americas Project and the Washington Office on Latin America. The
submitters allege that the Government of Mexico has failed to fulfill
its obligations under the NAALC to effectively enforce its labor laws
in connection with freedom of association and the right to organize,
the right to bargain collectively, the right to strike, prohibition of
forced labor, labor protection for children and young persons,
elimination of employment discrimination, prevention of occupational
injuries and illnesses, compensation in cases of occupational injuries
and illnesses, and minimum employment standards related to events at a
textile plant operated by Rubie's de Mexico, S. de R.L. de C.V., in the
municipality of Tepeji del Rio, State of Hidalgo, Mexico.
Article 16(3) of the NAALC provides for the review of labor law
matters in Canada and Mexico by the National Administrative Office
(NAO), which was redesignated as the OTAI in a Federal Register Notice
issued on December 23, 2004 (69 FR 77128 (2004)). The objectives of the
review of the submission will be to gather information to assist the
OTAI to better understand and publicly report on the Government of
Mexico's compliance with the obligations set forth in the NAALC.
EFFECTIVE DATE: January 6, 2006.
FOR FURTHER INFORMATION CONTACT: Peter Accolla, Acting Director, Office
of Trade Agreement Implementation, U.S. Department of Labor, 200
Constitution Avenue, NW., Room S-5205, Washington, DC 20210. Telephone:
(202) 693-4900 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: On October 14, 2005, U.S. Submission
2005-03 was filed by The Progressive Union of Workers of the
Textile Industry, the Manufacturing, Cutting and Confection of Fabric
and Garments in General and Related and Similar Industries in the
Mexican Republic, a member of the ``Vanguardia Obrera'' Workers
Federation of the Revolutionary Confederation of Workers and Peasants
(FTVO-CROC), with the support of the U.S. Labor Education in the
Americas Project, and the Washington Office on Latin America under the
NAALC concerning the enforcement of labor laws by the Government of
Mexico. The submission focuses on events at a textile plant operated by
Rubie's de Mexico, S. de R.L. de C.V., in the municipality of Tepeji
del Rio, State of Hidalgo, Mexico.
The submitters allege that the Government of Mexico has failed to
fulfill its obligations under the NAALC to effectively enforce its
labor law under Article 3 in connection with freedom of association and
protection of the right to organize, the right to bargain collectively,
the right to strike, prohibition of forced labor, labor protections for
children and young persons, minimum employment standards, elimination
of employment discrimination, prevention of occupational injuries and
illnesses, and compensation in cases of occupational injuries and
illnesses, and under Article 5 with respect to fair, equitable and
transparent labor tribunal proceedings.
The submission focuses on the submitter's attempts to organize a
union at a plant operated by Rubie's de Mexico, S. de R.L. de C.V., in
the municipality of Tepeji del Rio, State of Hidalgo, alleging that
Mexico's Federal Conciliation and Arbitration Board No. 6 and Local
Conciliation and Arbitration Board No. 51 failed to provide workers
with fair, equitable and transparent proceedings to enforce their right
to form a union to represent the workers in collective bargaining.
Allegations also include failure on the part of state and federal
authorities to provide effective onsite inspections and remedies for
labor law violations concerning forced labor, minimum wage, overtime
pay, prevention of discrimination, occupational safety and health, and
child labor. Finally, the submitters assert that the actions and/or
inaction by the Government of Mexico represent a pattern of non-
enforcement of its labor laws.
The Procedural Guidelines for the OTAI, 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 2005-03, which alleges that Mexico has
failed to effectively enforce its labor law under NAALC Articles 3 and
5, relates to labor law matters in Mexico. A review would further the
objectives of the NAALC, as set out in Article 1 of the NAALC, among
them improving working conditions and living standards in each Party's
territory, promoting the NAALC's 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 under Section
G of the OTAI Procedural Guidelines.
The OTAI'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 OTAI to better understand and publicly report on the
issues of freedom of association and protection of the right to
organize, the right to bargain collectively, the right to strike,
prohibition of forced labor, labor protections for children and young
persons, minimum employment standards, elimination of employment
discrimination, prevention of occupational injuries and illnesses, and
compensation in cases of occupational injuries and illnesses, 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 OTAI.
Signed at Washington, DC on January 6, 2006.
Peter Accolla,
Acting Director, Office of Trade Agreement Implementation.
[FR Doc. E6-228 Filed 1-11-06; 8:45 am]
BILLING CODE 4510-28-P
|
