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

This submission was filed on June 29, 2001 by the AFL-CIO and PACE. The submission raises concerns about a union representation election at a Duro Bag Manufacturing Corporation facility in Rio Bravo, Tamaulipas, Mexico. Duro Bag is a producer of premium shopping bags for retail sales and is based in Ludlow, Kentucky. The submission alleges that Mexico violated the right of workers to a free, fair election of their bargaining representative by rejecting a request for a secret ballot election at a neutral location and under conditions free of management coercion. After consideration of the submission, the U.S. NAO determined that a review would not further the objectives of the NAALC and, on February 22, 2002, and declined to accept it for review.

• Original Submission

This submission was filed on August 16, 1994, by four workers' rights and human rights organizations, headed by the International Labor Rights Education and Research Fund (ILRERF). The submission concerned the operations of a subsidiary of the Sony Corporation in Mexico and involved allegations concerning freedom of association and the right to organize plus minimum employment standards. Following the information gathering process and the conduct of a public hearing on February 13, 1995, the NAO issued a report on April 11, 1995, recommending ministerial consultations on the issue of union registration in Mexico. The ministers reached an agreement on implementation of ministerial consultations, which included a series of programs designed to publicly address these concerns in all three countries, and these were completed during 1995 and 1996.

The submitters in the case subsequently requested that the Ministerial Consultations be reopened, arguing that the problems raised in the original submission continued. The Secretary of Labor directed the NAO to conduct a follow-up review of the issues raised in the submission, and a related Mexican Supreme Court Decision, and submit a report to him. The NAO conducted the follow-up review as directed and a report was issued on December 4, 1996.

• Report of Review
• Follow-up Report
• Original Submission

This submission was filed on July 3, 2000, by the Coalition for Justice in the Maquiladoras, current and former workers, and 22 other unions and non-governmental organizations. The submission raises concerns about occupational safety and health and compensation in cases of occupational injuries and illnesses at Auto Trim of Mexico in Matamoros, Tamaulipas, and at Custom Trim/Breed Mexicana at Valle Hermoso, Tamaulipas. The U.S. NAO accepted the submission for review on September 1, 2000. A public hearing was conducted in San Antonio, TX on December 12, 2000 and a site visit was conducted January 22-24, 2001 during which a team composed of NAO staff and industrial hygienists visited the Breed facilities and met with workers.

The NAO issued its Public Report of Review on April 6, 2001, recommending ministerial-level consultations. The U.S. Secretary of Labor formally requested ministerial consultations on June 25, 2001. The Mexican Secretary of Labor formally accepted the request for ministerial consultations on July 24, 2001.

Consistent with the Ministerial Consultations Joint Declaration signed June 11, 2002 by Secretaries Chao and Abascal, the U.S. and Mexico will address the issues raised in Submission 2000-01, through the establishment of a bilateral working group of government experts on occupational safety and health issues, who are to be tasked with discussion and review of issues raised in the public communications, the formulation of technical recommendations for consideration by governments, the development and evaluation of technical cooperation projects on occupational safety and health for improving occupational safety and health in the workplace, and the identification of other occupational safety and health issues appropriate for bilateral collaboration. Cooperative activities may emphasize, among other things, best practices in the prevention of occupational injuries and illnesses specifically related to handling hazardous substances, labor-management cooperation mechanisms and ergonomics. To date, the working group has focused on Occupational Safety and Health Management Systems and Voluntary Protection Programs (VPP), Handling of Hazardous Substances, Inspector and Technical Assistance Staff Training, and the development of the Tri-national Web Page.

• Report of Review
• Original Submission

This submission was filed September 19, 2011, by the Centro de los Derechos del Migrante, Inc, three individual workers, and 13 additional organizations. The submission alleges that the US failed to effectively enforce its minimum wage laws for H-2B workers, inspect and monitor workplaces, investigate complaints, ensure effective remedies for violations of minimum employment standards for H-2B workers, and provide "the same legal protection as its nationals in respect to working conditions." 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 with the Mexican NAO on September 22, 1998 and accepted for review on November 23, 1998. The submission was filed by a group of immigration rights and union organizations headed by the Yale Law School Workers' Rights Project. The submission argues that the U.S. fails to enforce its existing minimum wage and overtime protections in workplaces employing foreign nationals due to the Memorandum of Understanding between the U.S. Department of Labor and the Immigration and Naturalization Service, which delineated enforcement responsibilities and provided for sharing of information. The U.S. Department of Labor and the Immigration and Naturalization Service issued a revised Memorandum of Understanding on November 23, 1998 to more clearly delineate the enforcement roles and responsibilities of the departments. The Mexican NAO issued its Public Report of Review and formally requested ministerial consultations on October 30, 2000. The U.S. Secretary of Labor formally accepted the request for ministerial consultations on January 30, 2002. Consistent with the Ministerial Consultations Joint Declaration signed June 11, 2002 by Secretaries Chao and Abascal, the U.S. and Mexico agreed to undertake a series of efforts to address the issues raised in Mexico NAO Submission 9804, which include: Development of informational materials by DOL addressing workplace rights of migrant workers in the United States. 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. Promotion of 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

• Report of Review
• Original Submission

This submission was filed on August 4, 1998 by the Mexican Confederation of Labor (CTM). The submission raises issues of protection for migrant workers, employment discrimination, safety and health, and worker's compensation. The submission was accepted for review by the Mexican NAO on August 5, 1998. On December 3, 1999 the Mexican NAO issued its public report of review and recommended ministerial consultations to gain further information on the steps the U.S. Government is taking to ensure that migrant agricultural workers enjoy the same legal protections as its nationals and that they enjoy the respect of their rights in matters of minimum employment standards, elimination of employment discrimination, and prevention and compensation for job‑related accidents and illnesses. A ministerial agreement for Mexican NAO Submission Nos. 9801, 9802, and 9803 was signed by the U.S. Labor Secretary and the Mexican Secretary of Labor and Social Welfare on May 18, 2000. Under the agreement, the U.S. Department of Labor agreed to host a public forum on June 5, 2002 in Augusta, Maine, which was co-sponsored by the State on Maine Department of Labor. Government officials, employer representatives, educators, legal counselors, advocates and other service providers in Maine discussed working conditions and treatment of migrant and agricultural workers in the state of Maine. Consistent with the ministerial agreement, U.S. and Mexican labor officials explored ways of promoting and protecting the rights of migrant and agricultural workers in the United States.

• Report of Review
• Original Submission

This submission was filed with the Mexican NAO on May 27, 1998. The submission concerns migrant workers in the State of Washington employed in the apple industry and raises issues of freedom of association, safety and health, employment discrimination, minimum employment standards, protection of migrant workers, and compensation in cases of occupational injuries and illnesses. The submission was filed by the National Union of Workers (UNT), the Authentic Workers' Front (FAT), the Metal, Steel, Iron and Allied Industrial Workers Union (STIMAHCS), and the Democratic Farm Workers Front (FDC). The Mexican NAO accepted this submission for review on July 10, 1998 and met with submitters and workers on December 2, 1998. The Mexican NAO reviewed the submission and issued a public report on August 31, 1999, recommending ministerial consultations to gain further information on the following rights of agricultural sector workers: freedom of association and the right to organize, minimum conditions of work, work discrimination, prevention of occupational injuries and illnesses, and protection of migrant workers. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labor and Social Welfare signed a ministerial agreement for Mexican NAO Submissions Nos. 9801, 9802, and 9803. Under this agreement, a public outreach session was held in Yakima, Washington, on August 8, 2001. This event provided women migrant farm workers and their employers the opportunity to learn about the workers' legal protections and employer obligations concerning minimum conditions of employment, occupational safety and health, and the elimination of gender and ethnic discrimination. Additionally, the U.S. Department of Labor and the Mexican Department of Labor and Social Welfare held a government-to-government meeting to discuss the application of U.S. law on the following topics: union organizing and bargaining rights; elimination of employment discrimination; minimum conditions of employment, including inspection programs and systems for determining violations of employment conditions for migrant workers; occupational safety and health, including inspection of migrant worker camps; and protection of migrant workers' rights. The United States also conducted a public forum in Maine with migrant workers, community groups, and government officials regarding migrant agricultural issues. All activities agreed to under the consultations have been completed.

• Report of Review
• Original Submission
• Ministerial Agreement

This submission was filed with the Mexican NAO on April 13, 1998 by Local 1-675 of the Oil, Chemical and Atomic Workers International Union (OCAW); the "October 6" Industrial and Commercial Workers Union ("October 6"); the Labor Community Defense Union (UDLC); and the Support Committee for Maquiladora Workers (SCMW). Mexican submission 9801 raises issues of freedom of association, minimum employment standards, employment discrimination, and safety and health at Solec, Inc., located in Carson, California. Solec manufactures solar panels. The Mexican NAO accepted this submission for review on July 10, 1998. On August 31, 1999, the Mexican NAO issued a public report requesting ministerial consultations to gain further information concerning the issues raised in this submission. On May 18, 2000, the U.S. Secretary of Labor and the Mexican Secretary of Labor and Social Welfare signed a ministerial agreement for Mexican NAO Submission Nos. 9801, 9802, and 9803. As part of the agreement, the U.S. Department of Labor will host a government-to-government meeting to discuss the application of U.S. law focusing on the issues raised in the three submissions. Topics of discussion will include union organizing and bargaining rights, the elimination of employment discrimination, minimum conditions of employment, and occupational safety and health.

• Report of Review
• Original Submission

This submission was filed with the Mexican NAO on February 9,1995, by the Mexican Telephone Workers Union and concerned the closure of a subsidiary of the Sprint Corporation in San Francisco shortly before a union representation election was scheduled to take place. About 240 workers lost their jobs. The Communications Workers of America (CWA) filed an unfair labor practice case with the National Labor Relations Board (NLRB). The Mexican NAO reviewed the submission and issued a public report on May 31, 1995, requesting ministerial consultations on the effects of such a plant closure on union organizing efforts. As part of the Ministerial Consultations Agreement between the U.S. Secretary of Labor and the Mexican Secretary of Labor and Social Welfare, the U.S. Department of Labor held a public forum in San Francisco, California to allow interested persons an opportunity to convey their concerns about the effects of sudden plant closings. The Labor Secretaries further instructed the trinational Labor Secretariat to conduct a study on the effects of sudden plant closing on the principle of freedom of association and the right of workers to organize in the three countries. The study was completed and released on June 9, 1997. On December 27, 1996, the NLRB ordered Sprint to reinstate the dismissed workers and awarded them back pay. The Sprint Corp. appealed this decision to the Federal Courts. On November 25, 1997, the U.S. Court of Appeals for the District of Columbia reversed the NLRB and ruled that Sprint closed the facility for legitimate financial reasons.

• Report of Review
• Original Submission

This submission was received by the National Administrative Office of Mexico (NAO) on May 26, 2015.  It was filed confidentially by a former Department of Labor (DOL) employee.  The submission alleges that the DOL failed to effectively enforce its laws related to discrimination and that the petitioner and other DOL employees experienced and continue to experience discrimination at the DOL.  In July 2018, the Mexican NAO finalized its report of review of the submission.  The report calls the submission to the attention of the U.S. NAO, but does not find violations of the North American Agreement on Labor Cooperation (NAALC) and does not request consultations under the NAALC.  

Executive Summary of Report of Review (English Translation)