This submission was filed on October 30, 1997 by the Support Committee for Maquiladora Workers (SCMW), the International Labor Rights Fund (ILRF), the National Association of Democratic Lawyers (ANAD) of Mexico, and the Union of Metal, Steel, Iron, and Allied Workers (Sindicato de Trabajadores de la Industria Metálica, Acero, Hierro, Conexos y Similares - STIHMACS) of Mexico. An amendment detailing safety and health issues was submitted on February 9, 1998. The amendment was filed by the Maquiladora Health and Safety Support Network, Worksafe of Southern California, the United Steelworkers of America (USWA), the United Auto Workers (UAW), and the Canadian Auto Workers (CAW).
Submission 9702 raised primarily freedom of association issues involving workers at the Han Young export processing (maquiladora) plant in Tijuana, Baja California, Mexico. The submitters alleged that workers at the plant who attempted to organize a union were intimidated and threatened by the company and some of the workers were fired. Han Young has since transferred its operations to another location.
The NAO accepted the submission for review on November 17, 1997. A public hearing was held in San Diego, California, on February 18, 1998. The U.S. NAO issued a public report on April 28, 1998 recommending ministerial level consultations to discuss strategies being considered by the Government of Mexico to ensure that workers' freedom of association and right to bargain collectively are protected.
Submission 9702 also raised issues of the health and safety of the workers employed at the Han Young plant. These issues were addressed in a separate report issued on August 6, 1998. In this report, the NAO recommended ministerial level consultations on the safety and health issues raised.
The U.S. Secretary of Labor and the Mexican Secretary of Labor and Social Welfare signed a ministerial agreement for U.S. NAO Submission Nos. 9702 and 9703 on May 18, 2000. Under this agreement, the Government of Mexico held a public seminar on June 23, 2000, in Tijuana on the principles of freedom of association and the right to bargain collectively.
As part of the ministerial agreement, the Mexican Department of Labor and Social Welfare will continue promoting the registry of collective bargaining contracts in conformity with established labor legislation. Mexico also has agreed to conduct a trilateral seminar to discuss law and practice governing Mexican labor 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 the occupational safety and health issues raised in the two submissions.