Submissions under the North American Agreement on Labor Cooperation (NAALC)

This submission was filed on October 3, 2003 by the United Students Against Sweatshops (USAS) and the Centro de Apoyo al Trabajador. The submission was also filed with the U.S. NAO and includes the same allegations of worker rights violations at two different garment factories located in Puebla, Mexico. The Government of Canada accepted the submission for review on March 12, 2004. On May 11, 2005, the Canadian NAO issued a report recommending ministerial consultations and suggested that the three countries Parties to the NAALC undertake trilateral consultations in this case. Subsequently, all three countries Parties to the NAALC agreed to hold trilateral ministerial consultations. The three Ministers signed a Joint Declaration on April 24, 2008 agreeing to a set of activities to resolve the issues raised in the submission. The activities should be completed within 18 months of the date of the Declaration was signed.

• Report of Review
• Original Submission (Summary)
• Ministerial Agreement

The submitters are 35 pilots who are supported by the Mexican Airlines Pilots Union (ASPA). The submission, filed on May 31, 2005, alleges failure on the part of the Government of Mexico to enforce its labor laws on freedom of association and the rights to organize and bargain collectively. It further alleges the failure to provide access to fair, equitable and transparent labor tribunal proceedings. Canada formally rejected the submission for review on January 23, 2005.

On June 20, 2008, the Canadian National Administration Office (NAO), established under the North American Agreement on Labor Cooperation (NAALC), accepted to review Public Communication CAN 2008-1 on labor law matters in the state of North Carolina, United States of America. Canada will review CAN 2008-1 submission in accordance with procedures established under the Canadian Guidelines for Filing Public Communications. Public Communication CAN 2008-1 was submitted to the Canadian NAO by the United Electrical, Radio and Machine Workers of America and the Canadian Association of Labor Lawyers (CALL), along with more than 40 other labor organizations in Canada, the United States and Mexico. Public Communication CAN 2008-1 alleges that the United States has failed to meet its obligations under the Agreement because legislation in North Carolina denies public sector employees the right to engage in collective bargaining. The submission also raises issues related to the following NAALC labor principles: freedom of association and protection of the right to organize; elimination of employment discrimination; minimum employment standards; equal pay for women and men; prevention of occupational injuries and illnesses; and compensation in cases of occupational injuries and illnesses.

On October 27, 2011, the Canadian NAO received a public communication submitted by 80 unions from across North America, including several Canadian unions. This public communication alleged that the Government of Mexico has failed to meet its obligations under the NAALC. Specifically, the submitters of CAN 2011-1 alleged that through its actions surrounding the events in 2009 at Luz y Fuerza del Centro, a state-owned electricity company, the Government of Mexico violated the basic labour rights of the and its members. On January 13, 2012, Canada's NAO accepted this public communication for review. The Canadian NAO received Supplemental Submissions related to this public communication in May and November 2012.

This submission was filed with the Canadian NAO on April 14, 1999 by the Labor Policy Association and EFCO Corporation. The submission concerns the United States and its enforcement of section 8(a)(2) of the National Labor Relations Act. On June 15, 1999 the Canadian NAO declined to accept the submission for review. The submitters filed an appeal on June 15, 1999.

This submission was filed with the Canadian NAO on April 6, 1998. The submission raises concerns about the enforcement of labor legislation covering occupational safety and health and freedom of association of workers at the Itapsa export processing plant in Ciudad de los Reyes, in the State of Mexico. The submission was filed by the Canadian Office of the United Steelworkers of America, in concert with eleven other unions and 31 concerned organizations from the three NAFTA countries. The issues raised in the submission are substantially the same raised in U.S. NAO Submission 9703. The Canadian NAO accepted this submission for review on June 4, 1998, and held two public meetings to obtain information on September 14, 1998 and November 5. 1998. On December 11, 1998 the Canadian NAO issued the first part of their report addressing specifically the freedom of association issues raised in the submission. The second report addressing occupational safety and health issues was released on March 12, 1999. Canada formally requested ministerial consultations with Mexico on both issues on March 31, 1999.

• Report of Review (Part 1)
• Report of Review (Part 2)
• Original Submission

This submission was filed with the Mexican NAO on October 24, 2001 and accepted for review on November 15, 2001. The submission was filed by the Chinese Staff and Workers' Association (CSWA), National Mobilization Against SweatShops (NMASS), Workers' Awaaz, Asociación Tepeyac, and several named individuals. The submission raises concerns regarding the prevention of and compensation for occupational injuries and illnesses in the state of New York, and labor protections for migrant workers. The submitters allege that the state workers' compensation system subjects workers to unwarranted delays and in cases where compensation is awarded, it is often inadequate. The Mexican NAO issued a Public Report of Review on the submission on November 8, 2002, requesting further consultations with the U.S. NAO under Article 21 of the NAALC on progress being made with regards to issues raised in the submission. On November 19, 2004, the Mexican NAO issued a Second Report of Review and recommended ministerial consultations. On December 7, 2004, the Mexican Secretary of Labor formally requested ministerial consultations. On the basis of initiatives undertaken by New York State authorities and related to the issues raised in the submission, DOL has recommended that consultations on remaining issues or concerns be undertaken at the Council Designee or NAO level.

This submission was filed with the Mexican Government by the Farmworker Justice Fund, Inc., and Mexico's Independent Agricultural Workers Central (CIOAC) on February 11, 2003, and accepted for review on September 5, 2003. The submission raises issues concerning rights of migrant workers under the H-2A program in North Carolina including freedom of association, the right to organize and bargain collectively, the right to strike, the right to minimum employment standards, freedom from employment discrimination on the basis of age, sex, and other improper factors, freedom from occupational injuries and illnesses, compensation in case of occupational injuries and illnesses, and the protection of migrant workers required by law. In November 2012, the Government of Mexico published a report of review, which discussed this submission as well as two others concerning H-2B workers, and requested ministerial consultations in the form of educational and outreach activities to help inform workers on H-2A and H-2B visas about their labor rights under U.S. laws. On April 3, 2014, the Secretaries of Labor of the United States and Mexico signed a Ministerial Consultations Joint Declaration, and under that Declaration, the U.S. and Mexican governments consulted with stakeholders and developed a work plan to carry out outreach. In September 2016, the U.S. Department of Labor and the Mexican Ministry of Labor and Social Welfare published a report on the outreach events that were carried out pursuant to the work plan.

• Report of Review: Spanish | English
• Original Submission

This submission was filed on April 13, 2005, with the Mexican government by the Northwest Workers' Justice Project, the Brennan Center for Justice at New York University School of Law, and Andrade Law Office. The submission raises issues concerning rights of migrant workers under the H-2B Visa program in Idaho including prohibition of forced labor, minimum employment standards, elimination of employment discrimination, equal pay for women and men, prevention of occupational injuries and illnesses and adequate compensation in such cases, and protection of migrant workers. In November 2012, the Government of Mexico published a report of review, which discussed this submission as well as two others concerning H-2A and H-2B workers, and requested ministerial consultations in the form of educational and outreach activities to help inform workers on H-2A and H-2B visas about their labor rights under U.S. laws. On April 3, 2014, the Secretaries of Labor of the United States and Mexico signed a Ministerial Consultations Joint Declaration, and under that Declaration, the U.S. and Mexican governments consulted with stakeholders and developed a work plan to carry out outreach. In September 2016, the U.S. Department of Labor and the Mexican Ministry of Labor and Social Welfare published a report on the outreach events that were carried out pursuant to the work plan.

• Report of Review: Spanish | English
• Original Submission

This submission was filed on October 17, 2006, with the Mexican Government by the Frente Auténtico del Trabajo (the Authentic Labor Front). The submission was also supported by several dozen unions and federations in Canada, Mexico and the United States. The submission raises concerns about the rights of public employees in North Carolina to bargain collectively, and contains allegations of discriminatory employment practices and unsafe workplaces that violate the principles of the NAALC. Specifically, the submitters contend that North Carolina General Statute §95-98 — which declares public sector collective bargaining agreements "to be against the public policy of the State, illegal, unlawful, void and of no effect" — violates the obligations contained in Part Two of the NAALC and the labor principles set forth in Annex I of the agreement relating to freedom of association and collective bargaining. The submitters allege that the prohibition of collective bargaining agreements has resulted in public sector workers being denied a voice in establishing conditions of work and has contributed to the prevalence of race and sex discrimination, wage and overtime violations, and unsafe workplace conditions. The submitters requested that the Mexican National Administrative Office review this submission and that the Mexican Secretary of Labor and Social Welfare initiate consultations with the U.S. Secretary of Labor under Article 22 of the NAALC to discuss the matters raised in the submission.

• Report of Review: Spanish  |  English (Executive Summary)
• Original Submission