This submission was filed on December 15, 1997, by the Echlin Workers Alliance, a group of unions from the United States and Canada, which includes the Teamsters; the United Auto workers; the Canadian Auto Workers; UNITE; the United Electrical, Radio and Machine Workers of America; the Paperworkers; and the Steelworkers. Twenty-four additional organizations, including non-governmental organizations, human rights groups and labor unions from the three NAFTA countries, are cited as concerned organizations in the submission. Subsequently, the AFL-CIO, the CLC (of Canada), and the UNT (of Mexico) joined the submission.
The submission alleged violation of freedom of association at the Itapsa export processing plant in Ciudad de los Reyes, in the State of Mexico. The submitters alleged that when workers at the facility attempted to organize an independent union, they faced intimidation and harassment from the company and the existing union, the Confederation of Mexican Workers (CTM), including threats of physical violence and job loss. The submitters alleged that Mexican government authorities are aware of the situation and have taken no remedial action.
In terms of occupational safety and health, the submission alleged that workers were exposed to asbestos and other toxic substances without adequate personal protective equipment (PPE).
The NAO accepted this submission for review on January 30, 1998. A public hearing was held in Washington, D.C. on March 23, 1998. The NAO issued its public report on this submission on July 31, 1998, recommending ministerial level consultations on the freedom of association and the safety and health issues raised.
On May 18, 2000, 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. As part of the agreement, Mexico will make efforts to promote that workers be provided information pertaining to collective bargaining agreements existing in their place of employment and to promote the use of eligible voter lists and secret ballot elections in disputes over the right to hold the collective bargaining contract.
Under the ministerial 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. 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.